Constitution of Islamic Republic of Pakistan

Page Contents

Preamble-

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order :-

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of

Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on

Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle

of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

PART I Introductory

1. (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.

(2) The territories of Pakistan shall comprise :-

(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;

(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;

(c) Federally Administered Tribal Areas; and

(d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.

(3) [Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.

2. Islam shall be the State religion of Pakistan and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government.

2A. The principles and provisions set out in the objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

3. The State shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work.

4. (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

(2) In particular :- (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and

(c) no person shall be compelled to do that which the law does not require him to do.

5. (1) Loyalty to the State is the basic duty of every citizen.

(2) Obedience to the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

PART II Fundamental Rights and Principles of Policy

7. In this Part, unless the context otherwise requires, “the State” means the Federal Government, [Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

Chapter 1. FUNDAMENTAL RIGHTS

8. (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

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(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

(b) any of the

(i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;

(ii) other laws specified in Part I of the First Schedule; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in Part II of the First Schedule into conformity with the rights conferred by this Chapter:

Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.

Explanation :- If in respect of any law [Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

9. No person shall be deprived of life or liberty save in accordance with law.

10. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding [three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of [three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

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Explanation-I: In this Article, “the appropriate Review Board” means,

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(i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and

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(ii) in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

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Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, [within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

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Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.

(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detai- ned in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:

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Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy [or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.

(8) The appropriate Review Board shall deter- mine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.

(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

11. (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service:-

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(a) by any person undergoing punishment for an offence against any law; or

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(b) required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

12. (1) No law shall authorize the punishment of a person:-

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(a) for an act or omission that was not punishable by law at the time of the act or omission; or

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(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

(2) Nothing in clause (I) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.

13. No person:-

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(a) shall be prosecuted or punished for the same offence more than once; or

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(b) shall, when accused of an offence, be compelled to be a witness against himse1f

14. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

15. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

16. Every citizen shall have the right to assemble peacefully and without arms, subject to any reason able restrictions imposed by law in the interest of Public order.

17. (1) Every citizen shall have the right to form associations or unions, subject to any reason- able restrictions imposed by law in the interest of [sovereignty or integrity of Pakistan, public order or morality].

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonab1e restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such decla- ration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.]

18. Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

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Provided that nothing in this Article shall prevent:-

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(a) the regulation of any trade or profession by a licensing system; or

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(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

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(c) the carrying on, by the Federal Government or a Provincial Government, or by a corpora- tion controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

19. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relaffons with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.

20. Subject to law, public order and morality:-

(a) every citizen shall have the right to profess, practise and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

21. No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.

22. (1) No person attending any educational institution shall be required to receive religious instruc tion, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.

(3) Subject to law:

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(a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and

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(b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.

(4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.

23. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

24. (1) No person shall be compulsorily deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of :-

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(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or

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(b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or

(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or

(d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or

(e) any law providing for the acquisition of any class of property for the purpose of

(i) providing education and medical aid to all or any specified class of citizens or

(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or

(iii)providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or

(f) any existing law or any law made in pursuance of Article 253.

(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.

25. (1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex alone.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

26. (1) In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizer. on the ground only of race, religion, caste, sex, residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special provision for women and children.

27. (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth. Provided that, for a period not exceeding [forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan: Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex.

(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.

28. Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

PART III The Federation of Pakistan

Chapter 1. THE PRESIDENT

41. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.

(2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.

(3) The President to be elected after the expiration of the term specified in clause (7) shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of:

(a) the members of both Houses; and

(b) the members of the Provincial Assemblies.

(4) Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office;

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly .

(5) An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy:

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.

(6) The validity of the election of the President shall not be called in question by or before any court or other authority.

(7) [ Notwithstanding anything contained in this Article or Article 43, or any other Article of the Constitution or any other law, General Mohammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses of Majlis-e-Shoora (Parliament) and shall hold office for a term of five years from that day; and Article 44 and other provisions of the Constitution shall apply accordingly. ]

42. Before entering upon office, the President shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

43. (1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.

(2) The President shall not be a candidate for election as a member of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly; and, if a member of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly is elected as President, his seat in [Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

44. (1) Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office:

Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(2) Subject to the Constitution, a person holding office as President shall be eligible for re election to that office, but no person shall hold that office for more than two consecutive terms.

(3) The President may, by writing under his hand addressed to the Speaker of the National Assembly, resign his office.

45. The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

46. It shall be the duty of the Prime Minister:

(a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Federation and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.

47. (1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.

(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such noffce shall set out the particulars of his incapacity or of the charge against him.]

(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.

(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.

(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.

(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.

(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.

(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

48. (1) In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet [or the Prime Minister].

Provided that the President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

(2) Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so [and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever].

(4) The question whether any, and if so what, advice was tendered to the President by the Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any court, tribunal or other authority.

(5) Where the President dissolves the National Assembly, he shall, in his discretion,:

(a) appoint a date, not later than [ninety] days from the date of the dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.

(6) If, at any time, the President, in his discre tion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

(7) An act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

49. (1) If the office of President becomes vacant by reason of death, resignation or removal of the President the Chairman or, if he is unable to perform the functions of the office of President, the Speaker of the National Assembly shall act as President until a President is elected in accordance with clause (3) of Article 41.

(2) When the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chairman or, if he too is absent or unable to perform the functions of the office of President, the Speaker of the National Assembly shall perform the functions of President until the President returns to Pakistan or, as the case may be, resumes his functions.

PART III (contd) The Federation of Pakistan

Chapter 2. THE MAJLIS-E-SHOORA (Parliament)

Composition, Duration and Meetings of

[Majlis-e-Shoora (Parliament)]

50. [There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.]

51. (1) The National Assembly shall consist of two hundred and seven Muslim members to be elected by direct and free vote in accordance with law.

(2) A person shall be entitled to vote if: (a) he is a citizen of Pakistan;

(b) he is not less than twenty-one years of age;

(c) his name appears on the electoral roll; and

(d) he is not declared by a competent court to be of unsound mind.

(2A) In addition to the number of seats referred to in clause ( 1), there shall be in the National Assembly ten additional seats reserved as follows for the person referred to in clause (3) of Article 106:

• Hindus and persons belonging to the Scheduled castes.

• Sikh, Budhist and Parsi communities and other non-Muslims.

• Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis)

(3) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.

(4) Until the expiration of a period of ten years from the commencing day or the holding of the [third] general election to the National Assembly, whichever occurs later, [twenty seats] in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Provinces in accordance with the Constitution and law.

(4A) The members to fill the seats referred to in clause ( 2A ) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

(5) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved for women which are allocated to a Province under clause (4) shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to the Assembly from that Province.

(6) Notwithstanding anything contained in this Article, the President may, by 0rder, make such provision as to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas as he may think fit.

52. The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

53. (1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.

(2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule.

(3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as Speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly.

(4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered.

(5) The Speaker may, by writing under his hand addressed to the President, resign his office.

(6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.

(7) The office of Speaker or Deputy Speaker shall become vacant if:

(a) he resigns his office;

(b) he ceases to be a member of the Assembly;

(c) he is removed from office by a resolution of the Assembly, of which not less than seven days’ notice has been given and Which is passed by the votes of the majority of the total membership of the Assembly.

(8) When the National Assembly is dissolved the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office.

54. (1) The President may, from time to time, summon either House or both Houses of [Majlis-e-Shoora (Parliament)] in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.

(2) There shall be at least [three] sessions of the National Assembly every year, and not more than one hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the date appointed for its first sitting in the next session:

Provided that the National Assembly shall meet for not less than one hundred and thirty working days in each year.

Explanation: In this clause, “working days” includes any day on which there is a joint sitting and any period, not exceeding two days for which the National Assembly is adjourned.

(3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue it.

55. (1) Subject to the Constitution, all decisions Voting in of the National Assembly shall be taken by majority Assembly a of the members present and voting, but the person quorum. presiding shall not vote except in the case of equality of votes.

(2) If at any time during a sitting of the National Assembly the attention of the person presiding is drawn to the fact that less than one-fourth of the total membership of the Assembly is present, he shall either adjourn the Assembly or suspend the meeting until at least one-fourth of such membership is present.

56. (1) The President may address either House or both Houses assembled together and may for that purpose require the attendance of the members.

(2) The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.

(4) Provision shall be made in the rules for regulating the procedure of a House and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the President.

57. The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

58. (1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation:- Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a [notice of a resolution for a vote of no-confidence has been given] in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

[Clause (2) omitted by Thirteenth Amendment Act, 1997]

59. (1) The Senate shall consist of [eighty-seven] members, of whom,:

(a) fourteen shall be elected by the members of each Provincial Assembly;

(b) [eight] shall be elected by the members from the Federally Administered Tribal Areas in the National Assembly;

(c) [three] shall be [elected] from the Federal Capital in such manner as the President may, by Order, prescribe.

(d) five shall be elected by the members of each Provincial Assembly to represent ulema, technocrats and other professionals.

(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years.

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years;

Provided that the term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.

60. (1) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Chairman and a Deputy Chairman and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman.

(2) The term of office of the Chairman or Deputy Chairman shall be [three] years from the day on which he enters upon his office.

61. The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate, Chairman and Deputy Chairman [and as if, in the proviso to the said clause (2) of Article 54, for the words “one hundred and thirty” the word “ninety” were substituted].

Provisions as to Members of [Majlis-e-Shoora (Parliament)]

62. A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless :-

(a) he is a citizen of Pakistan;

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(b) he is, in the case of National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll for election to a Muslim seat or a non-Muslim seat as the case may be in that Assembly;

.

(c) he is, in the case of Senate, not less than thirty years of age an d is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

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(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

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(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

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(f) he is sagacious, righteous and non-profligate and honest and ameen;

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(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;

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(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan.

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Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and

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(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

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63. (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-

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(a) he is of unsound mind and has been so declared by a competent court; or

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(b) he is an undischarged insolvent; or

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(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

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(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

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(e) he is in the service of any statutory body of any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

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(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

.

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or

.

(h) he has been, on conviction for any offence which in the opinion of the Chief Election Commissioner involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or

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(i) he has been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or

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(j) he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or

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(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

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(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or

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(m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or

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(n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

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Provided that the disqualification under this paragraph shall not apply to a person –

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(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

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(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holding an office of profit under the company; or

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(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

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Explanation.- In this Article “goods” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.

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(o) he holds any office of profit in the service of Pakistan other than the following offices, namely :-

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(i) an office which is not whole time office remunerated either by salary or by fee;

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(ii) the office of Lumbardar, whether called by this or any other title;

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(iii) the Qaumi Razakars;

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(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

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(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

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(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.]

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[Article 63A added by Fourteeenth Amendment Act, 1997]

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63A. Disqualification on ground of defection, etc.-

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(1) If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the Political Party or such other person as may be authorized in this behalf by the Head of the Political Party, be called upon the show cause, within not more than seven days of such a notice, as to why a Declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.

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Explanation: A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party: or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing –

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(a) Commits a breach of party discipline which means a volation of the party constitution, code of conduct and declared policies, or

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(b) Votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

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(c) Abstain from voting in the House against party policy in relation to any bill.

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(2) Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a) the disciplinary committee of the party on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final, in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.

.

(3) The Presiding Officer of the House shall be intimated the decision by Head of the Political Party in addition to intimation which shall also be concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the bye-election.

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(4) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

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(5) For the purpose of this Article –

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(a) “House” means the National Assembly or the Senate, in relation to and the Federation; and a Provincial Assembly in relation to the Province, as the case may be.

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(b) “Presiding Officer” means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as case may be.

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(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to the action under this Article.

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64. (1) A Member of 66[Majlis-e-Shoora (Parliament)] may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become vacant.

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(2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.

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65. A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule.

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66. (1) Subject to the Constitution and to the rules of procedure of [Majlis-e-Shoora (Parliament)], there shall be freedom of speech in [Majlis-e-Shoora (Parliament) ] and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in [Majlis-e-Shoora (Parliament)], and no person shall be so liable in respect of the publication by or under the authority of [Majlis-e-Shoora (Parliament)] of any report, paper, votes or proceedings.

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(2) In other respects, the powers, immunities and privileges of [Majlis-e-Shoora, (Parliament)], and the immunities and privileges of the members of [Majlis-e-Shoora (Parliament) ], shall be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members.

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(3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do:

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Provided that any such law-

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(a) may empower a court to punish a person who refuses to give evidence or produce documents; and

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(b) shall have effect subject to such Order for safeguarding confidential matters from disclosure as may be made by the President.

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(4) The provisions of this Article shall apply to person s who have the right to speak in, and otherwise to take part in the proceedings of, [Majlis-e-Shoora (Parliament)] as they apply to members.

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(5) In this Article, [Majlis-e-Shoora (Parliament)] means either House or a joint sitting, or a committee thereof.Procedure Generally

67. (1) Subject to the Constitution, a House may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings.

(2) Until rules are made under clause (1), the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the President.

68. No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

69. (1) The validity of any proceedings in [Majlis-e-Shoora (Parliament)] shall not be called in question on the ground of any irregularity of procedure.

(2) No officer or member of [Majlis-e-Shoora (Parliament)] in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in [Majlis-e-Shoora (Parliament)], shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

(3) In this Article, [Majlis-e-Shoora (Parliament)] has the same meaning as in Article 66.

Legislative Procedure

70. (1) A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall he presented to the President for assent.

(2) if a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting.

(3) If a request is made under clause (2), the President shall summon a joint sitting; and, if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent.

(4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” and “Concurrent Legislative List” mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.

71. ******

72. (1) The President, after consultation with the Speaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses.

(2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be determined by the rules made under clause (1), shall preside.

(3) The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting.

(4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting.

73. (1) Notwithstanding anything contained in Article 70 [* * *], a Money Bill shall originate in the National Assembly and after it has been passed by the Assembly it shall, without being transmitted to the Senate, be presented to the President for assent.

(2) For the purpose of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:-

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the borrowing of money, or the giving of any guarantee, by the Federal government, or the amendment of the law relating to the financial obligations of that Government;

(c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund;

(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys;

(f) the audit of the accounts of the Federal Government or a Provincial Government; and

(g) any matter incidental to any of the matters specified in the preceding paragraphs.

(3) A Bill shall not be deemed to be a Money Bill by reason only that it provides:-

(a) for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a licence fee or a fee or charge for any service rendered; or

(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.

(5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.

74. A Money Bill or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in [Majlis-e-Shoora (Parliament)] except by or with the consent of the Federal Government.

75. (1) When a Bill is presented to the President for assent, the President shall, within [thirty] days,-

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom].

(3) When the President has assented to a Bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament).

(4) No act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.]

76.(1) A Bill pending in either House shall not lapse by reason of the prorogation of the House.

(2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly.

(3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.

77. No tax shall be levied for the purposes of the Federation except by or under the authority of Act of [Majlis-e-Shoora (Parliament)].

Financial Procedures

78. (1) All revenues received by the Federal Government, all loans raised by that Government and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Federal Consolidated Fund.

(2) All other moneys-

(a) received by or on behalf of the Federal Government; or

(b) received by or deposited with the Supreme Court or any other court established under the authority of the Federation; shall be credited to the Public Account of the Federation.

79. The custody of the Federal Consolidated Fund, the payment Or moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of [Majlis-e-Shoora (Parliament)] or, until provision in that behalf is so made, by rules made by the President.

80. (1) The Federal Government shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the Federal Government for that year, in this Part referred to as the Annual Budget Statement.

(2) The Annual Budget Statement shall show separately-

(a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and

(b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.

81. The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:-

(a) the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to- (i) the Judges of the Supreme Court;

(ii) the Chief Election Commissioner;

(iii) the Chairman and the Deputy Chairman;

(iv) the Speaker and the Deputy Speaker of the National Assembly;

(v) the Auditor-General

(b) the administrative expenses, including the remuneration payable to officers and servants of the Supreme Court, the department of the Auditor-General and the Office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly;

(c) all debt charges for which the Federal Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Federal Consolidated Fund;

(d) any sums required to satisfy any judgment, decree or award against Pakistan by any court or tribunal; and

(e) any other sums declared by the Constitution or by Act of [Majlis-e-Shoora (Parliament)] to be so charged.

82. (1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.

(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein;

Provided that, for a period of ten years from the commencing day or the holding of the second general election to the National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Federal Government.

83. (1) The Prime Minister shall authenticate by his signature a schedule specifying – (a) the grants made or deemed to have been made by the National Assembly under Article 82, and

(b) the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.

(2) The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or vote thereon.

(3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the National Assembly as required by clause (2).

84. If in respect of any financial year it is found – (a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or

(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year;

The Federal Government shall have power to authorize expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement.

85. Notwithstanding anything contained in the foregoing provisions relating to financial matters, the National Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.

86. Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorize expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.

87. (1) Each House shall have a separate Secretariat.

Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses.

(2) [Majlis-e-Shoora (Parliament)] may by law regulate the recruitment and the conditions of service of persons appointed to the Secretarial staff of either House.

(3) Until provision is made by [Majlis-e-Shoora (Parliament)] under clause (2), the Speaker or, as the case may be, the Chairman may, with the approval of the President, make rules regulating the recruitment and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate.

88. (1) The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee.

(2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate.

(3) The Finance Committee may make rules for regulating its procedure.

Ordinances

89. (1) The President may, except when the National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance- as the circumstances may require.

(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of [Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of [Mailis-e-Shoora (Parliament)] to make law, but every such Ordinance – (a) shall be laid –

(i) before the National Assembly if it [contains provisions dealing with all or any of the matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period -a resolution disapproving it is passed by the Assembly, upon the passing of that resolution;

(ii) before both Houses if it [does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)], and shall stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution; and

(b) may be withdrawn at any time by the President.

(3) Without prejudice to the provisions of clause (2) an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.

Part VI Finance, Property, Contracts and Suits

Distribution of Revenues between the Federation and the Provinces. 160. (1) Within six months of the commencing day and thereafter at intervals not exceeding five years, the President shall constitute a National Finance Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial Governments, and such other persons as may be appointed by the President after consultation with the Governors of the Provinces.

(2) It shall be the duty of the National Finance Commission to make recommendations to the President as to –

(a) the distribution between the.Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3);

(b) the making of grants-in-aid by the Federal Government to the Provincial Governments;

(c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution; and

(d) any other matter relating to finance referred to the Commission by the President.

(3) The taxes refer red to in paragraph (a) of clause (2) are the following taxes raised under the authority of [Majlis-e-Shoora (Parliament)], namely: –

(i) taxes on income, including corporation tax, but not including taxes on income consisting of remuneration paid out of the Federal Consolidated Fund;

(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed;

(iii) export duties on cotton, and such other export duties as may be specified by the President;

(iii) export duties on cotton, and such other export duties as may be specified by the President;

(iv) such duties of exercise as may be specified by the President; and

(v) such other taxes as may be specified by the President.

(4) As soon as may be after receiving the recommendation, of the National Finance Commission, the President shall, by 0rder, specify, in accordance with the recommendations of the Commission under paragraph (a) of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the provision of Article 78 shall not form part of the Federal Consolidated Fund.

(5) The recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies.

(6) At any time before an Order under clause (4) is made, the President may, by Order, make such amendments or modifications in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient.

(7) The President may, by Order, make grants-in-aid of the revenues of the Provinces in need of assistance and such grants shall be charged upon the Federal Consolidated Fund.

161. (1) Notwithstanding the provisions of Article 78 the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government, and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of natural gas is situated.

(2) The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated.

Explanation – For the purposes of this clause “net profits” shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Council of Common Interests, the operating expenses of the station, which shall include any sums payable as taxes, duties, interest or return on investment, and depreciations and element of obsolescence, and over-heads, and provision for reserves.

162. No Bill or amendment which imposes or varies a tax or duty the whole or part of the net proceeds whereof is assigned to any Province, or which varies the meaning of the expression “agricultural income” as defined for the purpose of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous sanction of the President.

163. A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of [Majlis-e-Shoora (Parliament)], on persons engaged in professions, trades, callings or employments, and no such Act of the Assembly shall be regarded as imposing a tax on income

Miscellaneous Financial Provisions

164. The Federation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which [Majlis-e-Shoora (Parliament)] or, as the case may be, a Provincial Assembly may make laws.

165. (1) The Federal Government shall not, in respect of its property or income, be liable to taxation under any Act of Provincial Assembly and, subject to clause (2), a Provincial Government shall not, in respect of its property or income, be liable to taxation under Act of [Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly of any other Province.

(2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under Act of [Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly of the Province in which that trade or business is carried on.

(3) Nothing in this Article shall prevent the imposition of fees for services rendered.

165A. (1) For the removal of doubt, it is hereby declared that [Majlis-e-Shoora (Parliament)] has, and shall be deemed always to have had, the power to make a law to provide for the levy and recovery of a tax on the income of a corporation, company or other body or institution established by or under a Federal law or a Provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly or indirectly, by the Federal Government or a Provincial Government, regardless of the ultimate destination of such income.

(2) All orders made, proceedings taken and acts done by any authority or person, which were made, taken or done, or purported to have been made, taken or done, before the commencement of the Constitution (Amendment) Order 1985, in exercise of the powers derived from any law referred to in clause (1), or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal,including the Supreme Court and a High Court, be deemed to be and always to have been validly made, taken or done and-shall not be called in question in any court, including the Supreme Court and a High Court, on any ground whatsoever.

(3) Every judgment or order of any court or tribunal, including the Supreme Court and a High Court, which is repugnant to the provisions of clause (1) or clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever.

Chapter 3. PROPERTY, CONTRACTS, LIABILITIES AND SUITS.

172. (1) Any property which has no rightful owner shall, if located in a Province, vest in the Governent of that Province, and in every other case, in the Federal Government.

(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government.

173. (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.

(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government.

(3) All contracts made in the exercise of the executive authority of the Federation or of a Pro vince shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.

(4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.

174. The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province.

Chapter 2. THE SUPREME COURT OF PAKISTAN

176. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-e-Shoora (Parliament)] or, until so determined, as may be fixed by the President.

177. (1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.

(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and –

(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or

(b) has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).

178. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.

179. (1) A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.

180. At any time when – (a) the office of Chief Justice of Pakistan is vacant; or

(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.

181. (1) At any time when – (a) the office of a Judge of the Supreme Court is vacant; or

(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause,the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.

[Explanation.-In this clause, ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court.]

(2) An appointment under this Article shall continue in force until it is revoked by the President.

182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,- (a) with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or

(b) with the approval of the President and with the consent of the Chief justice of a High Court, require a Judge of that Court qualified for appointment as a judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.

183. (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.

(2) The Supreme Court may from time to time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.

(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may 165 appoint.

184. (1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.

Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.

(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.

(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article.

185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences. (2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence – (a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or

(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or

(d) if the amount or value of the subject matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of [Majlis-e-Shoora(Parliament)] and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.

186. (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.

(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

186A. – The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

187 (1) [Subject to clause(2) of Article 175, the]Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.

(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.

188. The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-e-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

189. Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.

190. All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court.

191. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

Part 7 Chapter 3A. FEDERAL SHARIAT COURT203A.

The provisions or this Chapter shall have effect notwithstanding anything contained in the Constitution.

203B. In this Chapter, unless there is anything repugnant in the subject or context – (a) “Chief Justice” means, Chief Justice of the Court;

(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203C;

(bb) “judge” means judge of the Court;

(c) “law” includes any custom or usage having the force of law but does not include the Constitution.

203C. (1) There shall be constituted for the purposes of this Chapter a court to be called the Federal Shariat Court.

(2) The Court shall consist of not more than eight Muslim [Judges], including the [Chief Justice], to be appointed by the President.

(3) The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.

(3A) Of the Judges not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be ulema who are well- versed in Islamic law.

(4) The [Chief Justice] and a [Judge] shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:

Provided that a Judge of a High Court shall not be appointed to be a Judge for a period exceeding [two years] except with his consent and [except where the Judge is, himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.

(4A) The [Chief Justice], if he is not a Judge of the Supreme Court, and a [Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.

(4B) The President may, at any time, by order in writing,

(a) modify the term of appointment of a Judge;

(b) assign to a Judge any other office; and

(c) require a Judge to perform such other functions as the President may deem fit; and pass such other order as he may consider appropriate.

Explanation: In this clause and clause (4C), “Judge” includes Chief Justice.

(4C) While he is performing the functions which he is required under clause (4B) to perform or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.

(5) A Judge of a High Court who does not accept appointment as a [Judge] shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

(6) The Principal seat of the Court shall be at Islamabad, but Court may from time to time sit in such other places in Pakistan as the [Chief Justice] may, with the approval of the President, appoint.

(7) Before entering upon office, the [Chief Justice] and a [Judge] shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.

(8) At any time when the [Chief Justice] or a [Judge] is absent or is unable to perform the functions of his office the President shall appoint another person qualified for the purpose to act as [Chief Justice] or, as the case may be, [Judge].

(9) A [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a [Judge] who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court.

203D. (1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.

(1A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.

(2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:- (a) the reasons for its holding that opinion; and

(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect :

Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.

(3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam, (a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and

(b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

(3A) Notwithstanding anything contained in this Chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the injunctions of Islam:

Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.

(3B) Notwithstanding anything contained in the Constitution including this Chapter or clause (3A) or anything done pursuant thereto, or any law or any judgment of any court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject- matter of decision of the Court referred to in clause (3A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature In substitution of such existing laws as a consequence of the final decision of the Court, as stated in clause (3A), and until the said laws have been enforced:

Provided that nothing contained in clauses (3A) and (B) shall apply to assessments made, orders passed, proceedings pending and amounts payable or recovered before the enforcement of the laws enacted in pursuance of clause (3A).

203DD. (1) The Court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:

Provided that nothing in this Article shall be deemed to authorize the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence.

(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law.

203E. (1) For the purposes of the performance of its functions, the Court shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits; and

(d) issuing commissions for the examination of witnesses or documents.

(2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.

(3) The Court shall have the power of a High Court to punish its own contempt.

(4) A party to any proceedings before the Court under clause (1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.

(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an Aalim who, in the opinion of the Court, is well- versed in Shariat.

(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.

(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.

(8) No court- fee shall be payable in respect of any petition or application made to the Court under [Article 203D.]

(9) The Court shall have power to review any decision given or order made by it.

203F. (1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court :

Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.

(2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.

(2A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court – (a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or

(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.

(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.

(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of,

(a) three Muslim Judges of the Supreme Court; and

(b) not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad- hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to he drawn up by the President in consultation with the Chief Justice.

(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.

(5) Reference in clauses (1) and (2) to Supreme Court shall be construed as a reference to the Shariat Appellate Bench.

(6) While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge of the Supreme Court and be paid such allowances as the President may determine.

203G. Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceeding or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.

203GG. Subject to Article 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court.

203H. (l) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force.

(2) All proceedings under clause (1) of Article 203B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.

(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other court or tribunal.

203J. (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely: –

(a) the scale of payment of honorarium to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court;

(b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court;

(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chief Justices;

(d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and

(e) the decision of cases in which the members constituting a Bench are equally divided in their opinion.

(3) Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.

PART X Emergency Provisions

232. (1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.

(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,

(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List

(b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised, and

(c) the Federal Government may by Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Government, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the province:

Provided that nothing in paragraph (c) shall authorize the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(3) The power of [Majlis-e-Shoora (Parliament)] to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter.

(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make but if any provision of a Provincial law is repugnant to any provision of an Act of [Majlis-e-Shoora (Parliament)] which [Majlis-e-Shoora (Parliament)] has under this Article power to make, the Act of [Majlis-e-Shoora (Parliament)], whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of [Majlis-e-Shoora (Parliament)] continues to have effect, be void.

(5) A law made by [Majlis-e-Shoora (Parliament)], which [Majlis- e- Shoora (Parliament)] would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

(6) While a Proclamation of Emergency is in force, [Majlis- e- Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.

(7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and,

(a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and

(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total memberships of the two Houses in joint sitting.

(8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

233. (1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.

(2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any Court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any Court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.

(3) Every Order made under this Article shall, as soon as may be, be laid before a joint sitting for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.

234. (1) If the President, on receipt of a report from the Governor of a Province or otherwise, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed at a joint sitting shall, by Proclamation,

(a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly;

(b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, [Majlis-e-Shoora (Parliament)]; and

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:

Provided that nothing in this Article shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

(3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.

(4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

(5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of [Majlis-e-Shoora (Parliament)], it shall be competent-

(a) to [Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;

(b) to [Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;

(c) to the President, when [Majlis-e-Shoora (Parliament)] is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by [Majlis- e- Shoora (Parliament)] in joint sitting; and

(d) to [Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).

(6) Any law made by [Majlis-e-Shoora (Parliament)] or the President which [Majlis-e-Shoora (Parliament)] or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period.

235. (1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect, and while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof.

(2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of the Province.

(3) While a Proclamation issued under this Article is in force the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation.

(4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.

236. (1) A Proclamation issued under this part may be varied or revoked by a subsequent Proclamation.

(2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any court.

237. Nothing in the Constitution shall prevent [Majlis-e-Shoora (Parliament)] from making any law indemnifying any person in the service of the Federal Government or a Provincial Government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan.

Part XII: Miscellaneous [Articles 240-280]

Part 12 – Chapter 3.Tribal Areas

246. In the Constitution,

(a) “Tribal Areas” means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes

(i) the Tribal Areas of Baluchistan and the North- West Frontier Province; and

(ii) the former States of Amb, Chitral, Dir and Swat;

(b) “Provincially Administered Tribal Areas” means

(i) The districts of Chitral, Dir and Swat (which includes Kalam), the Tribal Area in Kohistan district, Malakand Protected Area, the Tribal Area adjoining Mansehra district and the former State of Amb; and

(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and

(c) Federally Administered Tribal Areas includes

(i) Tribal Areas adjoining Peshawar district;

(ii) Tribal Areas adjoining Kohat district;

(iii) Tribal Areas adjoining Bannu district;

(iv) Tribal Areas adjoining Dera Ismail Khan district;

(v) Bajaur Agency,

(va) Orakzai Agency,

(vi) Mohmand Agency,

(vii) Khyber Agency;

(viii) Kurram Agency;

(ix) North Waziristan Agency, and

(x) South Waziristan Agency.

247. (1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.

(2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.

(3) No Act of Majlis- e- Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Majlis- e- Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.

(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of Majlis- e- Shoora (Parliament), and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.

(5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.

(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:

Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.

(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless Majlis- e- Shoora (Parliament) by law otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

Chapter 5. Interpretation

260. (1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,

“Act of Majlis- e- Shoora (Parliament)” means an Act passed by Majlis- e- Shoora (Parliament) or the National Assembly and assented to, or deemed to have been assented to, by the President;

“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;

“agricultural income” means agricultural income as defined for the purpose of the law relating to income tax;

“Article” means Article of the Constitution;

“borrows” includes the raising of money by the grant of annuities, and “loans” shall be construed accordingly;

“Chairman” means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;

“Chief Justices”, in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;

“citizen” means a citizen of Pakistan as defined by law;

“clause” means clause of the Article in which it occurs;

“corporation tax” means any tax or income that is payable by companies and in respect of which the following conditions apply: (a) the tax is not chargeable in respect of agricultural income;

(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;

(c) no provision exists for taking the tax so paid into account in computing for the purposes of income tax the total income of individual receiving such dividends, or in computing the income tax payable by, or refundable to, such individuals;

“debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly;

“estate duty” means a duty assessed on, or by reference to, the value of property passing upon death;

“existing laws” has the same meaning as in clause (7) of Article 268;

“Federal laws” means a law made by or under the authority of Majlis- e- Shoora (Parliament);

“financial year” means a year commencing on the first day of July;

“goods” includes all materials, commodities and articles;

“Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;

“guarantee” includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;

“House” means the Senate or the National Assembly;

“Joint sitting” means a joint sitting of the two Houses;

“Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes

(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and

(b) in relation to the High Court, a person who is an Additional Judge of the Court;

“members of the Armed Forces” does not include persons who are not, for the time being, subject to any law relating of the members of the Armed Forces;

“net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor- General;

“oath” includes affirmation;

“Part” means Part of the Constitution;

“pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;

“person” includes any body politic or corporals;

“President” means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;

“Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;

“Provincial law” means a law made by or under the authority of the Provincial Assembly;

“remuneration” includes salary and pension;

“Schedule” means Schedule to the Constitution;

“security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;

“Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All- Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Majlis- e- Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney- General, Advocate- General, Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister or member of a House or a Provincial Assembly;

“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;

“taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax” shall be construed accordingly;

“tax on income” includes a tax in the nature of an excess profits tax or a business profits tax

(2) In the Constitution “Act of Majlis- e- Shoora (Parliament)” or “Federal law” or “Act of Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor.

(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context

(a) “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophet hood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and

(b) “non- Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves ‘Ahmadis’ or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes.

261. For the purposes of the Constitution, a person who acts an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.

262. (1) For the purpose of the Constitution, period of time shall be reckoned according to the Gregorian calendar.

263. (1) In the Constitution,

(a) words importing the masculine gender shall be taken to include females; and

(b) words in the singular shall include the plural, and words in the plural shall include the singular.

264. Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of the law or anything duly done or suffered under the law;

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or

(e) affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may he imposed, as if the law had not been repealed.

Chapter 7. Transitional

267. (1) At any time before the commencing day, or before the expiration of three months from the commencing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.

(2) An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting.

268. (1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.

(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended without the previous sanction of the President.

(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptation, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order.

(4) The President may authorise the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.

(5) The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.

(6) Any court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution.

(7) In this Article, “existing laws” means all laws (including Ordinances, Orders- in- Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extraterritorial validity, immediately before the commencing day.

Explanation:- In this Article, “in force”, in relation to any law, means having effect as law whether or not the law has been brought into operation.

269. (1) All Proclamations, President’s Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one thousand nine hundred and seventy one and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive), are hereby declared notwithstanding any judgment of any Court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever.

(2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twentieth day of December, one thousand nine hundred and seventy- one, and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive) in exercise of the powers derived from any President’s Orders, Martial low Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any count, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.

(3) No suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

270. (1) [Majlis- e- Shoora (Parliament)] may by law made in the manner prescribed for legislations for a matter in Part I of the Federal Legislative List validate all Proclamations, President’s Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty- fifth day of March, one thousand nine hundred and sixty- nine and the nineteenth day of December, one thousand nine hundred and seventy- one (both days inclusive).

(2) Notwithstanding a judgment of any court, a law made by [Majlis- e- Shoora (Parliament)] under clause (1) shall not be questioned in any court on any ground whatsoever.

(3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever.

(4) All orders made, proceedings taken and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty- fifth day of March, one thousand nine hundred and sixty- nine and nineteenth day of December, one thousand nine hundred and seventy- one (both days inclusive), in exercise of powers derived from any President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of any order made or sentence passed by any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by [Majlis- e- Shoora (Parliament)] at any time within a period of two years from the commencing day by resolution of both Houses, or in case of disagreement between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground whatsoever.

270A. (1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P. O. No. 11 of 1984), under which, in consequence of the result of the referendum held on the nineteenth day of December 1984. General Muhammad Zia- ul- Haq became the President of Pakistan on the day of the first meeting of the Majlis- e- Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws, made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever:

Provided that a President’s Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.

(2) All order made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.

(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.

Explanation. In this clause, Competent authority means – (a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the Legislature; and

(b) in respect of notifications, rules orders and by- laws, the authority in which the power to made, alter, repeal or amend the same vests under the law

(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.

(6) Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws

Explanation. In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders.”

270B. Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977 to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.

271. (1) Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,

(a) the first National Assembly shall consist of-: (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy- seven; and reference to “total membership” of the National Assembly in the Constitution shall be construed accordingly;

(b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies [or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan:

Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.

(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.

(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or easily to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.

(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period.

272. First constitution of Senate

Notwithstanding anything contained in the Constitution, but subject to [Article 63 and] Article 223,

(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty- five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word “fourteen” the word “ten” and in paragraph (b) of that clause for the word “five” the word “three”, were substituted, and reference to “total memberships” of the Senate in the Constitution shall be construed accordingly,

(b) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;

(c) the term of office of members of the first group and of the second group shall respectively be two years and four years;

(d) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;

(e) the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;

(f) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from the Federally Administered Tribal Areas; and

(g) the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group

273. (1) Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,

(a) the first Assembly of a Province under the Constitution shall consist of

(i) the members of the Assembly of that Province in existence immediately before the commencing day, and

(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy- seven; and reference to “total membership” of the Assembly of a Province in the Constitution shall be construed accordingly;

(b) the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies [or to be elected to the additional seats referred to in clause (3) of Article 106,] after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:

Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.

(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.

(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.

274. (1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.

(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that

(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and

(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of Federal Government, shall devolve upon the Federal Government.

275. (1) Subject to the Constitution and until law is made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day. (2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as

(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;

(b) Governor of a Province;

(c) Chief Minister of a Province;

(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;

(e) Chief Election Commissioner;

(f) Attorney- General for Pakistan or Advocate- General for a Province;

(g) Auditor- General of Pakistan.

(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of [Majlis- e- Shoora (Parliament)] or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.

(4) Any person who under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.

(5) Subject to the Constitution and law

(a) all civil, criminal and revenue Courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and

(b) all authorities and all offices (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions.

276. Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.

277. (1) The schedule of authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy- four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.

(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the Financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of money from the Federal Consolidated Fund.

(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose

(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;

(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and

(c) any reference in those provisions to the Federal Consolidated Fund shall read as a reference to the Provincial Consolidated Fund of the Province.

278. The Auditor- General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly.

279. Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature.

280. The Proclamation of Emergency issued on the twenty- third day of November, one thousand nine hundred and seventy- one, shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the proposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made [and shall not be called in question in any court on the ground of inconsistency with any of the rights conferred by Chapter 1 of Part II.]

Schedules

FIRST SCHEDULE-

[Article 8(3)(b) and (4)] Laws exempted from the operation of Article 8( 1) and (2). PART I

PART I

I. President’s Orders

1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961).

2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972).

II. Regulations

1. The Land Reforms Regulation, 1972.

2 The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.

3. The Economic Reforms (Protection of Industries) Regulation, 1972.

4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).

5. The Statement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).

6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1976).

7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation 1976 (II of 1976).

III. Federal Acts

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).

2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).

3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

4. The Rice Milling Control and Development Act, 1976 (VIII of 1976).

5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).

IV. Ordinances Promulgated By The President

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V. Provincial Acts

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974)

2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975.)

VI. Provincial Ordinance

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.

PART II

I. President’s Orders

1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 of 1961).

2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. O. No. 2 of 1972).

3. The Cooperative Societies (Reforms) Order, 1972 (P. O. No. 9 of 1972).

4. The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of 1972).

5. The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14 of 1972).

6. The Rulers of Acceding States Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. O. No. 15 of 1972).

7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P. O. No. 16 of 1972).

8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O. No. 20 of 1972).

II. Regulations

1. Rawalpindi (Requisition of Property) Regulation, 1959.

2. The Pakistan Capital Regulation, 1960.

3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.

4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.

5. The Improper Acquisition of Property Regulation, 1969.

6. The Removal from Service (Special Provisions) Regulation, 1969.

7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.

8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.

10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.

11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.

12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.

13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.

14. The Foreign Exchange Repatriation Regulation, 1972.

15. The Foreign Assets (Declaration) Regulation, 1972.

16. The Removal from Service (Review Petition) Regulation, 1972.

17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.

18. The Enemy Property (Revocation of Sales) Regulation, 1972.

19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.

21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.

22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.

23. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation 1972.

24. The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.

III. Ordinances Promulgated by The President

1. The Control of Shipping Ordinance, 1959 (XIII of 1959).

2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).

3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961 (XIV of 1961).

4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).

5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).

6. The Trade Organizations Ordinance, 1961 (XLV of 1961).

IV. Federal Acts

The Censorship of Films Act, 1963 (XVIII of 1963)

V. Ordinances Promulgated By The Governor of Former Province Of West Pakistan

1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960).

2. The West Pakistan Waqf Properties Ordinance, 1961 (W. P. Ordinance No. XXVIII of 1961).

3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W. P. Ordinance No. IX of 1962).

4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963).

VI. Ordinances Promulgated By The Governor Of The North-West Frontier Province.

1. The North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N. W. F. P. Ordinance No. III of 1971).

2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N. W. F. P. Ordinance No. V of 1971).

3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N. W. F. P. Ordinance No. VIII of 1971).

Second SCHEDULE-

[Article 4( 3)] Election of President

1. The Chief Election Commissioner shall hold and conduct election to the office of President, and shall be the Returning Officer for such election.

2. The Chief Election Commissioner appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.

3. The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.

4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination:

Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.

5. The scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates.

6. A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice.

7. If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election Commissioner to be elected.

8. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.

9. If a candidate whose nomination has been found to be in order dies after the time for nomination, and a report of his death is received by the Presiding Officer before the commencement of the poll, the Presiding Officer shall, upon, being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

Provided further that no person who has under paragraph 6 of the this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, and respective Presiding Officers shall conduct the poll with the assistance of such officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.

11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be, of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs.

12. The poll shall be secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and person voting shall vote by placing a mark against the name of the person for whom he wishes to vote.

13. Ballot papers shall be issued from a book of ballot-papers with couterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.

14. A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer.

15. If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoil.

16. A ballot paper shall be invalid if:-

(i) there is upon it any name, word or mark, by which the person voting may be identified; or

(ii) it does not contain the initials of the Presiding Officer; or

(iii) it does not contain a mark; or

(iv) a mark is placed against the names of two or more candidates; or

(v) there is any uncertainty as to the identity of the candidate against whose name the mark is placed.

17. After the close of the poll each Presiding Officer shall, in the presence of such of the candidates or their authorized representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election.

18. (1) The Chief Election Commissioner shall determine the result of the election in the following manner, namely:-

(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favor of each candidate shall be counted;

(b) the number of votes cast in a Provincial Assembly in favor of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and

(c) the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a).

Explanation: In this paragraph, “total number of seats” includes seats reserved for non-Muslims and women.

(2) A fraction shall be rounded off to the nearest whole.

19. The candidate who has obtained the largest number of votes compiled in the manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.

20. Where at any poll any two or more candidates obtain an equal number of votes, the selection of the candidate to be elected shall be by drawing of lots.

21. When, after any poll, the counting of the votes has been completed, and the result of the voting determined, the Chief Election Commissioner shall forthwith announce the result to those present, and shall report the result to the Federal Government, who shall forthwith cause the result to be declared by a public notification.

22. The Chief Commissioner may, by public notification, with the approval of the President, make rules for carrying out the purposes of this Schedule.

Fourth SCHEDULE-

Federal Legislative List

PART I

1. The defence of the Federation or any part thereof in peace or war; the military, naval and air forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil armed forces; Federal Intelligence Bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; person subjected to such detention; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war.

2. Military, naval and air force works; local self- government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.

3. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4. Nationality, citizenship and naturalization.

5. Migration from or into, or settlement in, a Province or the Federal Capital.

6. Admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan.

7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; Post Office Saving Bank.

8. Currency, coinage and legal tender.

9. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

10. Public debt of the Federation, including the borrowing of money on the security of the Federal Consolidated Fund; foreign loans and foreign aid.

11. Federal Public Services and Federal Public Service Commission

12. Federal Pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

13. Federal Ombudsmen.

14. Administrative Courts and Tribunals for Federal subjects.

15. Libraries, museums, and similar institutions controlled or financed by the Federation.

16. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

17. Education as respects Pakistani students in foreign countries and foreign students in Pakistan.

18. Nuclear energy, including:-

(a) mineral resources necessary for the generation of nuclear energy;

(b) the production of nuclear fuels and the generation and use of nuclear energy, and

(c) ionizing radiations.

19. Port quarantine, seamen’s and marine hospitals and hospitals connected with port quarantine.

20. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

21. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

22. Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.

23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

24. Carriage of passengers and goods by sea or by air.

25. Copyright, inventions, designs, trademarks and merchandise marks.

26. Opium so far as regards sale for export.

27. Import and export across customs frontiers as deemed by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.

28. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying on business only within that Province.

29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly.

30. Stock exchanges and future markets with objects and business not confined to one Province.

31. Corporations, that is to say, the incorporation, regulation and winding- up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province, or cooperative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not including universities.

32. National planning and national economic coordination including planning and coordination of scientific and technological research.

33. State lotteries.

34. National highways and strategic roads.

35. Federal surveys including geological surveys and Federal meteorological organizations.

36. Fishing and fisheries beyond territorial waters.

37. Works, lands and buildings vested in, or in the possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.

38. Census.

39. Establishment of standards of weights and measures.

40. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

41. Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner and Election Commissions.

42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Minister, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly, and the punishment of persons who refuse to give evidence or produce documents before committees thereof.

43. Duties of customs, including export duties.

44. Duties of exercise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics.

45. Duties in respect of succession to property.

46. Estate duty in respect of property.

47. Taxes on income other than agricultural income;

48 Taxes on corporations.

49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.

50. Taxes on the capital value of the assets, not including taxes on capital gains on immovable property.

51. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.

52. Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of any one or more of them.

53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.

54. Fees in respect of any of the matters in this Part, but not including fees taken in any court.

55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list and, to such extent as is expressly authorized by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supplemental powers.

56. Offences against laws with respect to any of the matters in this Part.

57. Inquiries and statistics for the purposes of any of the matters in this Part.

58. Matters which under the Constitution are within the legislative competence of Majlis- e-Shoora (Parliament) or relate to the Federation.

59. Matters incidental or ancillary to any matter enumerated in this Part.

PART II 1. Railways.

2. Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously inflammable.

3. Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day, including the Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.

4. Council of Common Interests.

5. Fees in respect of any of the matters in this Part but not including fees taken in any court.

6. Offences against laws with respect to any of the matters in this Parts.

7. Inquiries and statistics for the purposes of any of the matters in this Part.

8. Matters incidental or ancillary to any matter enumerated in this Part.

Concurrent Legislative List

1. Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power.

2. Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day.

3. Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day, the recovery in a Province or the Federal Capital of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.

4. Evidence and oath; recognition of laws, public acts and records of judicial proceedings.

5. Marriage and divorce; infants and minors; adoption.

6. Wills, intestacy and succession, save as regards agricultural land.

7. Bankruptcy and insolvency, administrators- general and official trustees.

8. Arbitration.

9. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

10. Trusts and trustees.

11. Transfer of property other than agriculture land, registration of deeds and documents.

12. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List.

13. Removal of prisoners and accused persons from one Province to another Province.

14. Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.

15. Persons subjected to preventive detention under Federal authority.

16. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Governments and the establishment of a police force for that purpose.

17. Arms, firearms and ammunition.

18. Explosives.

19. Opium, so far as regards cultivation and manufacture.

20. Drugs and medicines.

21. Poisons and dangerous drugs.

22. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting men, animals or plants.

23. Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded.

24. Environmental pollution and ecology.

25. Population planning and social welfare.

26. Welfare of labor; conditions of labor, provident funds; employer’s liability and workmen’s compensation, health insurance including invalidity pensions, old age pensions.

27. Trade unions; industrial and labor disputes.

28. The setting up and carrying on of labor exchanges, employment information bureaus and training establishments.

29. Boilers.

30. Regulation of labor and safety in mines, factories and oil- fields.

31. Unemployment insurance.

32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.

33. Mechanically propelled vehicles.

34. Electricity.

35. Newspapers, books and printing presses.

36. Evacuee property.

37. Ancient and historical monuments, archaeological sites and remains.

38. Curriculum, syllabus, planning, policy, centres of excellence and standards of education.

39. Islamic education.

40. Zakat.

41. Production, censorship and exhibition of cinematograph films.

42. Tourism.

43. Legal medical and other professions.

43A. Auqaf.

44. Fees in respect of any of the matters in this List, but not including fees taken in any court.

45. Inquiries and statistics for the purpose of any of the matters in this List.

46. Offences against laws with respect to any of the matters in this List; jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List.

47. Matters incidental or ancillary to any matter enumerated in this List.

Sixth SCHEDULE-

[Article 268 (2)] Laws not to be Altered, Repealed or Amended without the Previous Sanction of the President

1. The Improper Acquisition of Property Regulation, 1969.

2. The Removal from Service (Special Provisions) Regulation, 1969.

3. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.

4. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.

5. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.

6. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.

7. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.

8. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.

9. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.

10. The Foreign Exchange Repatriation Regulation, 1972.

11. The Foreign Assets (Declaration) Regulation, 1972.

12. The Removal from Service (Special Provisions) Regulation, 1972.

13. The Land Reforms Regulation, 1972.

14. The Removal from Service (Review Petition) Regulation, 1972.

15. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.

16. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.

17. The Enemy Property (Revocation of Sales) Regulation, 1972.

18. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.

19. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.

20. The West Pakistan Industrial Development Corporation (Revision of Sales or Transfer) Regulation, 1972.

21. The Economic Reforms (Protection of Industries) Regulation, 1972.

22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.

23. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972.

24. The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.

Seventh SCHEDULE-

[Article 270-A(6)]

Laws to be amended in the manner provided for amendment of the Constitution

[This schedule was added by Section 20 of the Eighth Amendment Act (1985)]

Presidents Orders

1. Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and Administration) Order, 1978 (P. O. No. 4 of 1978).

2. The Cantonments (Urban Immovable Property Tax and Entertainment Duty) Order, 1979 (P. O. No. 13 of 1979).

3. The Pakistan Defence Officers Housing Authority Order, 1980 (P. O. No. 7 of 1980).

4. The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P. O. No. 3 of 1982).

5. The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P. O. No. 1 of 1983).

6. The Aga Khan University Order, 1983 (P. O. No. 3 of 1983).

7. The National College of Textile Engineering (Governing Body and Cess) Order, 1983 (P. O. No. 11 of 1983).

8. The Lahore University of Management Sciences Order, 1985 (P. O. No. 25 of 1985).

Ordinances

1. The International Islamic University Ordinance, 1985 (XXX of 1985).

Amendments

Amendment 1 – Constitution Act, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 8th May 1974] The following Act of Parliament received the assent of the President on the 4th May 1974 and is hereby published for general information.

Whereas it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing .

It is hereby enacted as follows:-

1. Short title and commencement

(1) This act may be called the Constitution (First Amendment ) Act ,1974.(2) It shall come into force at once.

2. Amendment of Article 1 of the Constitution.

In the Constitution of the Islamic Republic Of Pakistan hereinafter referred to as the Constitution, in Article 1, for clauses (2), (3) and (4) the following shall be substituted, namely – (2) the territories of Pakistan shall comprise –

(a) the Province of Baluchistan, the North-West Frontier, the Punjab and Sind ;

(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital ;

(c) the Federally Administered Tribal Areas; and

(d) such States and territories as are or may be included in Pakistan. whether by accession or otherwise.

(3) Parliament may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.’’

3. Amendment of Article 8 of the Constitution.

In the Constitution, in Article 8, in clause(3) in paragraph (b), after the word “day” at the end , the words “or as amended by any of the laws specified in that schedule” shall be added.

4. Amendment of Article 17 of the Constitution. In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely – “(2) Every citizen, not being in the service of Pakistan, shall have the right to from or be member of a Political Party , subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan , the Federal Government shell , within fifteen days of such declaration , refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every Political Party shall account for the source of its funds in accordance with law.”

5. Amendment of Article 61 of the Constitution.

In the Constitution, in Article 61, after the words “Deputy Chairman” at the end, the words, commas, brackets and figures “ and as if , in the proviso to the said clause (2) of Article 54 for the words ‘ one hundred and thirty ‘ the words ‘ninety’ were substituted ” shall be added.

6. Amendment of Article 101 of The Constitution. In the constitution, in Article 101, in clause(3), after the word “ President” at the end, the words and comma “and’ shall be entitled to such salary, allowances and privileges as the President may determine” shall be added.

7. Amendment of Article 127 of the Constitution. In the constitution, in Article 127, – (a) in paragraph (e), the word “and” at the end shall be omitted;

(b) in paragraph (f), for the full-stop at the end the semi-colon and word “;and” shall be substituted; and

(c) after paragraph (f) amendment as aforesaid, the following new paragraph shall be added, namely:-

“(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “seventy” were substituted”.

8. Amendment of Article 193 of the Constitution. In the Constitution, in Article 193, in clause (2), after paragraph (c) the following Explanation shall be added, namely – “ Explanation. In computing the period during which a person has been an advocate of a High court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office”.

9. Amendment of Article 199 of the Constitution.

In the constitution , in Article 199 , for clause (3), the following shall be substituted, namely – (3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan , or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law”.

10. Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, after clause (2), the following new clause shall be added, namely – “ If any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and Jurisdiction as a Judge of that High Court.

Provided that a Judge shall not be so required except with his consent and the approval of the President and after consolation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge”.

11. Amendment of Article 209 of the Constitution.

In the constitution, in Article 209, in clause (2), in the Explanation, after words “ Chief Justice “, the words “otherwise than as acting Chief Justice” shall be inserted.

12. Amendment of Article 212 of the Constitution.

In the Constitution in article 212 -(a) in clause (1),

(i) For the word “establish” the words “ provide for establishment of ” shall be substituted and shall be deemed always to have been so substituted ; and.

(ii) in paragraph (a) after the word ‘persons’, the words “who are or have been’’ shall be inserted and shall be deemed always to have been so inserted; and.

(b) in clause (2) after the words ‘‘Tribunal extends’’, the following words shall be inserted and shall be deemed always to have been so inserted, namely:- “and all proceedings in respects of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or tribunal shall abate on such establishment.”

13. Amendment of Article 250 of the Constitution.

In the Constitution, in Article 250, in clauses (1) and (2), the words and comma “ a governor ,”, wherever occurring., shall be omitted.

4. Amendment of Article 259 of the Constitution. In the constitution, in Article 259, -(a) in clauses (2), after the word “ gallantry”, the comma and words “ meritorious service in the Armed Forces” shall be inserted ; and

(b) in clause (3) after the word “ gallantry” , the comma and words “ meritorious services in the Armed Forces” shall be inserted and shall be deemed always to have been so inserted.

15. Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in clause (1), -(a) after the definition of the “Chairman” , the following new definition shall be inserted, namely – “Chief Justice”, in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief justice of the Court ;“ and

(b) In the definition of “service of Pakistan” , after the words “Provincial Minister” , the commas and words “ , Attorney-General, Parliamentary Secretary“ shall be inserted.

16.Amendment of Article 272 of the Constitution.

In the Constitution, in Article 272, in the marginal heading , after the word “ First” the words “ constitution of “ shall be inserted.

17.Amendment of First Schedule to the Constitution.

In the Constitution, in the First Schedule for Part IV the following shall be substituted ,namely – IV. FEDERAL ACTS

1- The Censorship of Films Act, 1963 ( XVII of 1963)

2- The Land Reforms ( Amendment) Act, 1974.”

Amendment 2- Constitution Act, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 21st September, 1974]

The following Act of Parliament received the assent of the President on 17th September,1974, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:-

1- Short title and commencement.

(1) This Act may be called the CONSTITUTION ( SECOND AMENDMENT) ACT, 1974

(2) It shall come into force at once.

2- Amendment of Article 106 of the Constitution.

In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 106, in clause (3) after the words “communities” the words and brackets “ and persons of Quadiani group or the Lahori group (who call themselves `Ahmadis` ) shall be inserted.

3- Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, after clause (2) the following new clause shall be added, namely —

(3) A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever , after MUHAMMAD ( Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law’’

Amendment 3- Constitution Act, 1974

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 18th February, 1975]

The following Act of Parliament received the assent of the President on the 13th February, 1975, and is hereby published for general information :-

Whereas it expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is enacted as follows :-

1. Short title and commencement.

(1) This Act may be called Constitution (Third Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 106 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 10,- (a) In clause (4), for the words “one month” twice occurring the words “three months” shall be substituted;(b) In clause (5) for the words and comma “as soon as may be, but not latter than one week ”the words “within fifteen days” shall be substituted; and

(c) In clause (7), in the proviso; after the word “ enemy “ ,the commas and words “, or who is acting or attempting to act in a manner prejudicial to the integrity, security of defense of Pakistan or any part thereof or who commits or attempt to commit any act which amounts to an anti-national activity as defined in a Federal Law or is a member of any association which has for its object, or which indulges him, any such anti-national activity ” shall be added.

3 Amendment of Article 232 of the Constitution.

In the Constitution, in Article 232, in clause (7), for paragraph (b) the following new clause shall be substituted, namely – “ (b) shall, subject to the provisions of paragraph (a) cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.”

Amendment 4- Constitution Act, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 25th November, 1975]Received the assent of the President on 2lst November,1975 further to amend the Constitution of the Islamic Republic of Pakistan.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

1. Short title and commencement.

(1) This Act may be called the Constitution (Fourth Amendment) Act 1975.

(2) It shall come into force at once.

2. Amendment of Article 8 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8, – (a) in clause (3), for paragraph (b) the following shall be substituted, namely

“(b) any of the – (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that schedule;

(ii) other laws specified in Part I of the First Schedule,”(c)(sic) in clause (4), for the words and commas “the First Schedule, not being a law which relates to, or is connected with, economic reforms,” the words and figure “Part II of the First Schedule” shall be substituted.

3. Amendment of Article 17 of the Constitution.

In the Constitution, in Article 17, in clause (1), for the words “morality or public order” the words “sovereignty or integrity of Pakistan, public order or morality” shall be substituted.

4. Amendment of Article 19 of the Constitution.

In the Constitution,in Article 19, for the word “defamation” the words “commission of” shall be substituted.

5. Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51,

(a) after clause (2), the following new clause shall be inserted, namely:-

“(2-A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Article 106.”;and

(b) After clause (4), the following new clause shall be inserted, namely :-

“(4-A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2-A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1)”

6. Amendment of Article 54 of the Constitution.

In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end , namely:- “Explanation. In this clause, `working days’ includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned.”

7. Amendment of Article 106 of the Constitution.

In the Constitution, in Article 106, in clause (3), – (a) for the word “or,” occurring for the second time; the words “and other non-Muslims and persons belonging to” shall be substituted; and

(b) for the figure “3” against the Province of the Punjab the figure “5” shall be substituted.

8. Amendment of Article 199 of the Constitution.

In the Constitution, in Article 1999, – (a) after clause (3), the following new clause shall be inserted, namely:- “(3-A} A High Court shall not make an order under clause (1)

(a) prohibiting the making of an order for the detention of a person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.”;and

(c) (sic) after clause (4), the following new clause shall be inserted, namely:- “(4-A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period of sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the court earlier.”

9. Amendment of Article 271 of the Constitution.

In the Constitution, in Article 271, in clause (1),

(a) after the words “subject to”, the word, figure and comma “Article 63,” shall be inserted;

(b) for paragraph (a) the following shall be substituted, namely :- “(a) the first National Assembly shall consist of – (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of Assembly to fill the seats referred to in clause (2-A) of Article 51,and unless sooner dissolved, shall continue until the fourteenth day August, one thousand nine hundred and seventy seven; and reference to “total membership of the National Assembly in the Constitution shall be construed accordingly;

(c) in paragraph (b), after the word “vacancies” the commas, words, brackets, figures and letter, “or to be elected to the additional seats referred to in clause (2-A) of Article 51,” shall be inserted.

10. Amendment of Article 272 of the Constitution.

In the Constitution, in Article 272,- (a) the brackets and figure (1) occurring after the figure ‘272’, shall be omitted ; and

(b) After the words “subject to”, the words and figure “Article 63 and” shall be inserted.

11. Amendment of Article 273 of the Constitution.

In the Constitution, in Article 273; in clause (1),- (a) After the words “subject to”, the word, figure and comma “Article 63,” shall be inserted ;and

(b) for paragraph (a) the following shall be substituted, namely:- “(a) the first Assembly of a Province under the Constitution shall consist of – (i) the members of the Assembly of that Province in existence immediately before the commencing day, and

(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven ; and reference to “total membership” of the Assembly of a Province in the Constitution shall be construed accordingly,’; and

(c) in paragraph (b), after the word “vacancies”, the commas, words, brackets, and figures “, or to be elected to the additional seats referred to in clause (3) of Article 106,” shall be inserted.

12. Substitution of the First Schedule to the Constitution.

In the Constitution, for the First Schedule the Schedule set out in the Schedule to this Act shall be substituted.

13. Amendment of the fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule, in the Concurrent Legislative List, after entry 43, the following new entry shall be inserted, namely;- “43-A. Auqaf”

14. Certain orders shall cease to have effect after specified period.

An interim order such as is referred to in clause (4-A) of Article 199 of Constitution, made by High Court before the commencement of this Act shall cease to have effect at the expiration of sixty days from such commencement, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

THE SCHEDULE

(See section 12)

“FIRST SCHEDULE”

[ Article 8 (3)(b) and (4) ]

Laws exempted from the operation of Article 8 (1) and (2).

PART I I. PRESIDENT’S ORDERS

1. The Acceding State (Property) Order,1961 (P.O. No.12 of 1961)

2. The Economic Reforms Order, I972 (P.O No.1 of 1972).

II. REGULATIONS

1. The Land Reforms Regulation,1972.

2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.

3. The Economic Reforms (Protection of Industries) Regulation, 1972.

4. The Distribution of Property (Chitral) Regulation,1974 (II of 1974).

5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).

6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) Amendment) Regulation, I975 (II of 1975).

III. FEDERAL ACTS

1. The Land Reforms (Amendment) Act,1974 (XXX of 1974).

2. The Land Reforms (Amendment ) Act,1975 (XXXIX of 1975).

IV. ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V.—PROVINCIAL ACTS

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974)

2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment ) Act, 1975 (Baluchistan Act VII of 1975).

PART II I. PRESIDENTS ORDERS

1. The Minerals (Acquisition and Transfer) Order,1961 (P.O. No.8 of 1961).

2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O No. 2 of 1972).

3. The Co-operative Societies (Reform) Order,1972 (P.O. No. 9of 1972).

4. The Life insurance (Nationalization) Order,1972 (P.O .No.10 of 1972).

5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972).

6. The Rulers of Acceding states (Abolition of Privy Purses and Privileges) Order,1972 (P.O. No. 15 of 1972).

7. The Industrial Sanctions and Licenses (Cancellation) Order, 1972 (P.O. No. 16 of 1972)

8. The Criminal Law Amendment (Special Courts) Order, 1972 (P.O.20 of 1972)

II. REGULATIONS

1. Rawalpindi (Requisition of Property) Regulation, 1959.

2. The Pakistan Capital Regulation, 1960.

3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.

4. The Income-tax (Correction of Returns and False Declaration ) Regulation, 1969.

5. The Improper Acquisition of Property Regulation,1969.

6. The Removal from Service (Special Provisions) Regulation, 1969.

7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.

8. The Governrnent Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.

9. The Enemy Property (Payment of Money Due to Enemy ) Regulation, 1970.

10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.

11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.

12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.

13. The Convention Muslim League and Awamy League (Scrutiny of Funds) Regulation, 1971.

14. The Foreign Exchange Repatriation Regulation, 1972.

15. The Foreign Assets (Declaration) Regulation, 1972.

16. The Removal from Service (Review Petition) Regulation, 1972.

17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.

18. The Enemy Property (Revocation of Sales) Regulation, 1972.

19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972

20. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation,1972.

21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.

22. The National Press Trust (Suspension of Board of Trustees and Directors) Reguiation, 1972.

23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.

24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.”

Amendment 5- Constitution Act, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]

The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

1. Short title and commencement.

(1) This Act may be called the Constitution (Fifth Amendment) Act 1976.

(2) It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.

2. Amendment of Article 101 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force.”

3. Amendment of Article 160 of the Constitution.

In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :- “(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;”

4. Amendment of Article l75 of the Constitution.

In the Constitution, in Article 175 in clause (3), for the word “three” the word “five” shall be substituted.

5. Amendment of Article 179 of the Constitution.

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :- “(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

6. Amendment of Article 180 of the Constitution.

In the Constitution, in Article 180, for the words “the most senior of the other Judges of the Supreme Court” the words “one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article” shall be substituted.

7. Amendment of Article 187 of the Constitution.

In the Constitution, in Article 187, in clause (1), for the word “The” the words, brackets, figures and comma “Subject to clause (2) of Article 175, the” shall be substituted.

8. Amendment of Article 192 of the Constitution.

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :- “(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

(3) The President shall , by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the order of the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.”

9. Amendment of Article 195 of the Constitution.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :- “(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.”

10. Amendment of Article 196 of the Constitution.

In the Constitution, in Article 196, for the words “the most senior of the other Judges of the High Court” the words “one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article” shall be substituted.

11. Amendment of Article 199 of the Constitution.

In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :- “(3-A) A High Court shall not make under this Article – (a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any Court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any Court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred any of the preceding paragraphs.

(3-B) Every such order as is referred to in clause (3-A), made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3-C) The provisions of clauses (3-A) and (3-B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3-A) that may be pending before the Supreme Court immediately before the commencement of the Constitution ( Fifth Amendment) Act, 1976.”

12. Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, in clause (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :- “Provided that such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

Explanation. In this Article, “Judge” does not include a ” Chief Justice”.

13. Amendment of Article 204 of the Constitution.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :- “(2) A Court shall have the power to punish a person for contempt of Court in accordance with law”.

14. Amendment of Article 206 of the Constitution.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:- “(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service if any, in the service of Pakistan.

15. Amendment of Article 212 of the Constitution.

In the Constitution, in Article 2I2, in clause (2) after the word “Tribunal” occurring for the third time, the commas and words “other than an appeal pending before the Supreme Court,” shall be inserted and shall be deemed always to have been so inserted.

16. Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in the definition of “Service of Pakistan”, after the word and comma “Attorney-General”, the word and comma “Advocate-General,” shall be inserted.

17. Amendment of Article 280 of the Constitution.

In the Constitution, in Article 280, after the word “made” at the end, the words and figures “and shall not be called in question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II” shall be added and shall be deemed always to have been so added.

18. Amendment of the First Schedule to the Constitution.

In the Constitution, in the First Schedule, in Part I, – (a) under the sub-heading ” II REGULATIONS”, after entry 6, the following new entry shall be added, namely :-

“7. The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976).”

(b) under the sub-heading ” III FEDERAL ACTS”, after entry 2, the following new entries shall be added, namely :- “3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

4. The Rice Milling Control and Development Act, (LVIII of 1976).

5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).”and

(c) after the sub-heading “V PROVINCIAL ACT” and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.”

19. Amendment of the Fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule,- (a) in the Federal Legislative List,-

(i) in Part I, for entry 49 the following shall be substituted, namely:- “49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.”; and

(ii) in Part II, in entry 3, for the words “West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation” shall be substituted; and

(b) in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :- “41. Production, censorship and exhibition of cinematograph films.”

Amendment 6- Constitution Act, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]

The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

1. Short title and commencement.

(1) This Act may be called the Constitution (Fifth Amendment) Act 1976.

(2) It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.

2. Amendment of Article 101 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force.”

3. Amendment of Article 160 of the Constitution.

In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :- “(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;”

4. Amendment of Article l75 of the Constitution.

In the Constitution, in Article 175 in clause (3), for the word “three” the word “five” shall be substituted.

5. Amendment of Article 179 of the Constitution.

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :-

“(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :- (a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

6. Amendment of Article 180 of the Constitution.

In the Constitution, in Article 180, for the words “the most senior of the other Judges of the Supreme Court” the words “one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article” shall be substituted.

7. Amendment of Article 187 of the Constitution.

In the Constitution, in Article 187, in clause (1), for the word “The” the words, brackets, figures and comma “Subject to clause (2) of Article 175, the” shall be substituted.

8. Amendment of Article 192 of the Constitution.

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :-

“(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

(3) The President shall , by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the order of the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.”

9. Amendment of Article 195 of the Constitution.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :-

“(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:- (a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.”

10. Amendment of Article 196 of the Constitution.

In the Constitution, in Article 196, for the words “the most senior of the other Judges of the High Court” the words “one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article” shall be substituted.

11. Amendment of Article 199 of the Constitution.

In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :- “(3-A) A High Court shall not make under this Article – (a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any Court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any Court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred any of the preceding paragraphs.

(3-B) Every such order as is referred to in clause (3-A), made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3-C) The provisions of clauses (3-A) and (3-B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3-A) that may be pending before the Supreme Court immediately before the commencement of the Constitution ( Fifth Amendment) Act, 1976.”

12. Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, in clause (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :-

“Provided that such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

Explanation. In this Article, “Judge” does not include a ” Chief Justice”.

13. Amendment of Article 204 of the Constitution.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :-

“(2) A Court shall have the power to punish a person for contempt of Court in accordance with law”.

14. Amendment of Article 206 of the Constitution.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:-

“(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service if any, in the service of Pakistan.

15. Amendment of Article 212 of the Constitution.

In the Constitution, in Article 2I2, in clause (2) after the word “Tribunal” occurring for the third time, the commas and words “other than an appeal pending before the Supreme Court,” shall be inserted and shall be deemed always to have been so inserted.

16. Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in the definition of “Service of Pakistan”, after the word and comma “Attorney-General”, the word and comma “Advocate-General,” shall be inserted.

17. Amendment of Article 280 of the Constitution.

In the Constitution, in Article 280, after the word “made” at the end, the words and figures “and shall not be called in question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II” shall be added and shall be deemed always to have been so added.

18. Amendment of the First Schedule to the Constitution.

In the Constitution, in the First Schedule, in Part I, —

(a) under the sub-heading ” II REGULATIONS”, after entry 6, the following new entry shall be added, namely :-

“7. The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976).”

(b) under the sub-heading ” III FEDERAL ACTS”, after entry 2, the following new entries shall be added, namely :-

“3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

4. The Rice Milling Control and Development Act, (LVIII of 1976).

5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).”

and (c) after the sub-heading “V PROVINCIAL ACT” and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.”

19. Amendment of the Fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule,-

(a) in the Federal Legislative List,-

(i) in Part I, for entry 49 the following shall be substituted, namely:- “49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.”; and

(ii) in Part II, in entry 3, for the words “West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation” shall be substituted; and

(b) in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :-

“41. Production, censorship and exhibition of cinematograph films.”

Amendment 7- Constitution Act, 1974

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th May, 1977] The following Act of Parliament received the assent of the President on 16th May,1977, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:-

1. Short title, commencement and duration.

(1) This Act may be called the Constitution (Seventh Amendment) Act,1977.(2) It shall come into force at once and section 4 shall be deemed to have taken effect on the twenty-first day of April 1977.(3) Section 2 shall cease to be in force on the thirteenth day of September, 1977.

2. Insertion of new Article 96-A, in the Constitution.

In the Constitution of the Islamic Republic of Pakistan , hereinafter referred to as the Constitution, after Article 96, the following new Article shall be inserted, namely :- “96-A

Referendum as to confidence in Prime Minister.

(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause matter to be referred to a referendum in accordance with law made by Parliament.

(2) The law referred to in clause ( 1) shall provide for the Constitution of Referendum Commission and the manner and mode of holding a referendum.

(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct a referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.

(4) Any dispute arising in connection with the counting of votes at referendum shall be finally determined by the Referendum Commission or a member thereof authorized by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any court or other authority whatsoever.

(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation with in the meaning of Article 94.”.

3. Amendment of Article 101 of the Constitution.

In the Constitution ,in Article 101, in clause (2-A), for the word, brackets, letter and figures “an Order under paragraph ( c) of clause (2) of Article 232 or a Proclamation under” the words and figure” a Proclamation under article 232 or” shall be substituted.

4. Amendment of Article 245 of the Constitution.

In the Constitution Article 245 shall be renumbered as clause (1), of that Article and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely;–

“(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any Court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being , acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3), instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.”

Amendment 8- Constitution Act, 1974

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, 11th November, 1985]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November, 1985, and is hereby published for general information:-

Whereas it is expedient further to amend the constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement.

(1) This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 48,- (a) in clause (1),-

(i) for the commas and words “,the Prime Minister, or appropriate Minister” the words “or the Prime Minister” shall be substituted; and

(ii) for the proviso the following shall be substituted, namely :

“Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.”;

(b) in clause (2), after the words “do so”, at the end, the words ” and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever” shall be added ;

(c) clause (3) shall be omitted ; and

(d) clause (5), in paragraph (a), for the words “one hundred” the word “ninety” shall be substituted.

3. Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51, in clause (4), for the word “second” the word “third” shall be substituted.

4. Amendment of Article 56 of the Constitution.

In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:

“(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.

5. Amendment of Article 58 of the Constitution.

In the Constitution, in Article 58,-

(a) in clause (1), in the Explanation, for the words “resolution for a vote of no confidence has been moved” the words “notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:

“(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,

(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the member’s of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

6. Amendment of Article 59 of the Constitution

In the Constitution, in Article 59 – (a) in clause (1), in paragraph (c), for the word “chosen” the word “elected” shall be substituted:

(b) in clause (3),

(i) for paragraphs (a), (b) and (c); the following shall be substituted, namely :- “(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years”.

(ii) in the proviso, the words “or chosen” shall be omitted; and

(c) clause (4} shall be omitted.

7. Amendment of Article 60 of the Constitution.

In the Constitution, in Article 60, in clause (2), for the word “two” the word “three” shall be substituted.

8. Amendment of Article 75 of the Constitution. In the Constitution, in Article 75,-

(a) in clause (1), for the word “forty-five” the word “thirty” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely ;-

“(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom.”

9. Amendment of Article 90 of the Constitution.

In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added, namely:-

(2) Nothing contained in clause (1) shall — (a) be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or

(b) prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other than the President.”.

10. Amendment of Article 91 of the Constitution.

In the Constitution, in Article 91,-

(a) after clause (2), the following new clause shall be inserted, namely:-

“(2-A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution.”

(b) in clause (3), after the brackets and figure “(2)”, the words, commas, brackets, figure and letter “or, as the case may be, invited under clause (2-A)” shall be inserted; and

(c) for clause (5) the following shall be substituted, namely :-

(5) The Prime Minister. shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly,”.

11. Amendment of Article 101 of the Constitution.

In the Constitution, in Article 101,-

(a) in clause (1), for the words “in his discretion” the words “after consultation with the Prime Minister.” shall be substituted;

(aa) in clause (2), the proviso shall be omitted;

(b) clause (2-A) shall be omitted; and

(c) in clause (5), after the word “Governor”, at the end, the words “in any contingency not provided for in this Part” shall be added.

12. Amendment of Article 105 of the Constitution. In the Constitution in Article 105,-

(a) in clause (1),- (i) for the comma and words “, Chief Minister or appropriate Minister” the words ” or the Chief Minister” shall be substituted;

(ii) for the first proviso, the following shall be substituted, namely:- “Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration.” and ,

(iii) the second proviso shall be omitted ;

(b) in clause (2), for the comma and words “, the Cabinet or a Minister” the words “or the Cabinet” shall be substituted; and

(c) in clause (5), for the brackets and figure “(3)” the brackets and figure “(2) shall be substituted.

13. Amendment of Article 106 of the Constitution.

In the Constitution in Article 106, in clause (4), for the word “second” the word “third” shall be substituted.

14. Amendment of Article 112 of the Constitution. In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:-

(a) in clause (1), renumbered as aforesaid, in the Explanation, for the word “resolution for a vote of no-confidence has been moved” the words “notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

“(2) The Governor may also dissolve the Provincial Assembly in his discretion but subject to the previous approval of the President, where, in his opinion,- (a) a vote of no-confidence having been passed against the Chief Minister, nt other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions 0 the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose ; or

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

15. Amendment of Article 116 of the Constitution.

In the Constitution in Article 116,-

(a) in clause (2) for the word “forty-five” the word “thirty” shall be substituted and

(b) for clause (3) the following shall be substituted, namely;

“(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent therefrom.”.

16. Amendment of Article 130 of the Constitution.

In the Constitution, in Article 130,-

(a) after clause (2), the following new clause shall be inserted, namely:-

“(2-A) Notwithstanding anything contained in clause (2), .after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the provisions of the Constitution.”

(b) in clause (3), after the brackets and figure “(2)” the words, commas, brackets, figure and letter “or, as the case may be, invited under clause (2-A)” shall be inserted; and

(c) for clause (5) the following shall be substituted, namely .-

“(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.”

17. Amendment of Article 144 of the Constitution.

In the Constitution, Article 144, clause (2) shall be omitted.

18. Omission of Article 152-A of the Constitution.

In the Constitution, Article 152-A shall be omitted.

19. Substitution of Article 270-A of the Constitution.

In the Constitution for Article 270-A the following shall be substituted, namely:–

“270-A Affirmation of President’s Orders, etc.

(1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Ordinances. Martial Law Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No 11 of 1984), under which in consequence of the result of the referendum held on the nineteenth day December 1984, General Muhammad Zia-ul-Haq became the President the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985(P.O.20 of 1985) the Constitution (Third Amendment) Order, 1985 (P O.No.24 of 1985) and all other laws made between the fifth day of July, 1977and the date on which Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any Court on any ground whatsoever;

Provided that a President’s Order’, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.

(2) All order’s made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done between the fifth day of July, 1977, and the date on which this Article comes into force in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notification rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any Court on any ground whatsoever.

(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.

Explanation. In this clause, “competent authority” means, – (a) in respect of President’s 0rders, Ordinances, Martial Law Regulation Martial Law Orders and enactments, the appropriate Legislature; and

(b) in respect of notifications, rules , orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or. act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with order’s made or sentences passed in exercise or purported to exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purposes intended to be served thereby.

(6) Such of the President’s Orders and 0rdinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders.”.

20. Addition of new Schedule to the Constitution.

In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely:-

SEVENTH SCHEDULE [Article 270-A(6)]

Laws to be amended in the manner provided for amendment of the Constitution.

PRESIDENT’S ORDERS

(1) The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O. No. 13 of 1978).

(2) The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O. No. 13 of 1979).

(3) The Pakistan Defence Officer’s Housing Authority Order, 1980 (P.O.No.7 of 1980).

(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982(P.O.No.3 of 1982).

(5) The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).

(6) The Agha Khan University Order, 1983 (P.O. No. 3 of 1983).

(7) The National College of Textile Engineering (Governing Body and Cess ) Order, 1983 (P.O. No. 11 of 1983).

(8) The Lahore University of Management Science Order, 1985 (P.O.No.25 of 1985).

ORDINANCES(1) The International Islamic University Ordinance, 1985 (XXX of 1985).

Amendment 9- Constitution Act, 1974

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:- 1. Short title and commencement.

(1) This Act may be called the Constitution (Ninth Amendment) Act, 1985.

(2) It shall come into force at once.

2. Amendment of Article 2 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 2, after the word “Pakistan”, at the end, the words “and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government” shall be added.

3. Amendment of Article 203B of the Constitution.

In the Constitution, in Article 203B, in paragraph (c),

(a) For the comma after the word “Constitution” a full stop shall be substituted; and

(b) The words, commas and semi-colon “Muslim Personal Law, any law relating to the procedure of any Court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and shall be omitted.

4. Amendment of Article 203D of the Constitution.

In the Constitution, in Article 203D, after clause (3) the following new clause shall be added namely:

(3-A) Notwithstanding anything contained in this chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the Injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the Injunctions of Islam:

Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.

(3-B) Notwithstanding anything contained in the Constitution including this chapter or clause (3-A) or anything done pursuant thereto, or any law or any judgment of any Court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject -matter of decision of the Court referred to in clause (3-A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature in substitution of such exiting laws as a consequence of the final decision of the Court, as stated in clause (3-A), and until the said laws have been enforced:

Provided that nothing contained in clauses (3-A) and (3-B) shall apply to assessment made, orders passed, proceedings pending and amount payable or recovered before the enforcement of the laws enacted in pursuance of clause (3-A).

Statement of objects and reasons.

In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively provide that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.

Amendment 10- Constitution Act, 1974

An Act to further amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 29th March, 1987]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 25th March, I987, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing :

It is hereby enacted as follows :-

1. Short title and commencement.

(1) This Act may be called the Constitution (Tenth amendment) Act,1987.

(2) It shall come into force at once.

2. Amendment of Article 54 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 54, in clause (2) , in the proviso, for the word “sixty” the word “thirty” shall be substituted .

3. Amendment of Article 61 of the Constitution.

In the Constitution, in Article 61, for the words “one hundred and sixty” the words “one hundred and thirty” shall be substituted.

Amendment 12- Constitution Act, 1974

An Act to further amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing.

It is hereby enacted as follows :-

1. Short title, commencement and duration.

(1) This Act may be called the Constitution (Twelfth Amendment) Act, 1991.

(2) It shall come into force at once.

(3) The provisions of this Act, shall remain in force for a period of three years, and, on the expiration of the said period, Article 212-B shall cease to form part of the Constitution and shall stand repealed.

2. Addition of new Article 212-B in the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Part VII, in Chapter 4, after Article 212, the following new Article shall be added, namely:-

212-B. Establishment of Special Courts for trial heinous offences.

(1) In order to ensure speedy trial of cases of persons accused of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorized by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.

(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(3) A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.

(4) A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5) The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Court as the Federal Government may consider necessary and an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of –

(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan, and

(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.

(6) Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise Jurisdiction.

(7) A Special Court and a Supreme Appellate Court shall decide a case or , as the case may be, an appeal with thirty days.

(8) Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.

3. Amendment of Fifth Schedule to the Constitution.

In the Constitution, in the Fifth Schedule,-

(1) in the Part relating to the Supreme Court, – (a) in the first paragraph,-

(i) for the figure “7,900” the figure “9,900”, and for the figure “7,400” the figure “9,500”, shall be substituted; and

(ii) After the words “per mensem” , at the end, the commas and words “or such higher salary as the President may, from time to time, determine” shall be added ; and

(b) for the third paragraph the following shall be substituted, namely:- “3. The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a high Court.

Provided that the President may, form time to time, raise the minimum or maximum amount of pension so specified :-

Judge   Minimum amount           Maximum amount

Chief Justice     Rs. 7,000          Rs. 8,000

Other Judge      Rs. 6,250          Rs. 7,125

and

(2) in the Part relating to the High Court,- (a) in the first paragraph,– (i) for the figure “7,200” the figure “9,400” and for the figure “6,500” the figure “8,400”, shall he substituted; and

(ii) after the words “per mensem”, at the end, the commas and words “or such higher salary as the President may, from time to time, determine” shall be added ; and

(b) for the third paragraph the following shall be substituted, namely:- 3. The pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the his service as Judge and total service, if any, in the service of Pakistan :

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified :-

Judge   Minimum amount           Maximum amount

Chief Justice     Rs. 5,640          Rs. 7,050

Other Judge      Rs. 5,040          Rs. 6,300”

Amendment 14- Constitution Act, 1974

ACT XXIV of 1997, No.F.22(104)/97-Legis

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 3rd July, 1997 and is hereby published for general information: –

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan in order to prevent instability in relation to the formation of functioning of Government;

It is hereby enacted as follows:-

1. Short title and commencement.

(1) This Act may be Constitution (Fourteenth Amendment) Act. 1997.

(2) It shall come into force at once.

2. Addition of new Article 63A in the Constitution.

In the constitution of the Islamic Republic of Pakistan after Article 63 the following new Article shall be inserted, namely:-

“63A. Disqualification on ground of defection, etc.-

(1) If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the Political Party or such other person as may be authorized in this behalf by the Head of the Political Party, be called upon the show cause, within not more than seven days of such a notice, as to why a Declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.

Explanation: A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party: or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing –

(a) commits a breach of party discipline which means a volation of the party constitution, code of conduct and declared policies, or

(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c) abstain from voting in the House against party policy in relation to any bill.

(2) Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a) the disciplinary committee of the party on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final, in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3) The Presiding Officer of the House shall be intimated the decision by Head of the Political Party in addition to intimation which shall also be concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the bye-election.

(4) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(5) For the purpose of this Article — (a) “House” means the National Assembly or the Senate, in relation to and the Federation; and a Provincial Assembly in relation to the Province, as the case may be.

(b) “Presiding Officer” means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as case may be.

(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to the action under this Article.”

Appendices

Proclamation of Emergency

October 14, 1999

In pursuance of deliberations and decisions of Chiefs of Staff of the Armed Forces and Corps Commanders of Pakistan Army, I, General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff, proclaim emergency throughout Pakistan and assume the office of the Chief Executive of the Islamic Republic of Pakistan.

I hereby order and proclaim as follows:

(a) The Constitution of the Islamic Republic of Pakistan shall remain in abeyance;

(b) The President of Pakistan shall continue in office;

(c) The National Assembly, the Provincial Assemblies and Senate shall stand suspended;

(d) The Chairman and Deputy Chairman of the Senate, the Speaker and Deputy Speaker of the National Assembly and the Provincial Assemblies shall stand suspended;

(e) The Prime Minister, the Federal Ministers, Ministers of State, Advisors to the Prime Minister, Parliamentary secretaries, the Provincial Governors, the Provincial Chief Ministers, the Provincial Ministers and the Advisors to the Chief Ministers shall cease to hold office;

(f) The whole of Pakistan will come under the control of the Armed Forces of Pakistan.

This proclamation shall come into force at once and be deemed to have taken effect on and 12th day of October, 1999.

About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

 

 

 

 

 

 

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