Updated: Sunday June 10, 2018/AlAhad
Ramadan 27, 1439/Ravivara
Jyaistha 20, 1940, at 06:26:25 PM
(In
the name of Allah, the Beneficent, and the Merciful)
The
Constitution of the Islamic
[12TH APRIL, 1973]
Preamble
Whereas sovereignty over the
entire Universe belongs to Almighty Allah alone, and the authority to be
exercised by the people of
And whereas it is the will of
the people of
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;
Wherein 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
Now, therefore, we, the people
of
Conscious of our responsibility
before Almighty Allah and men; Cognisant of the sacrifices made by the people
in the cause of
Faithful to the declaration made
by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that
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. The Republic and its territories.-(1)
2[(2) The territories of
(a) the Provinces of 3[Balochistan], the 4[Khyber Pakhtunkhwa], the
(b) the
(c) ******* [words “the Federally Administered Tribal Areas;
and” [omitted by 31st amendment]
(c) such States and territories as
are or may be included in
(3) 6[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 to be State
religion. Islam shall be the State religion of
7[2A. The Objectives
Resolution to form part of substantive
provisions. 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].
1The provisions of the
Constitution except those of Articles 6, 8 to 28, (both inclusive), clauses 2
and (2a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270-A,
brought into force with effect from 10th March, 1985, ride S.R.O. No.
212(I)/85. dated 10th March, 1985, Gazette of
2Subs. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 2, for “clauses (2), (3) and (4)”
(w.e.f. the 4th May, 1974).
3Subs. By the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 3 for ―Baluchistan.‖
4Subs. ibid., for
―North-West-Frontier‖.
5Subs. ibid., for ―Sind‖.
6Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
7New Article 2A Ins. ibid.
3. Elimination of exploitation. The State shall ensure the
elimination of all forms of exploitation and the gradual fulfillment of the
fundamental principle, from each according to his ability to each according to
his work.
4. Right of individuals to be
dealt with in accordance with law, etc.-(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
(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
required him to do.
5. Loyalty to State and
obedience to Constitution and law.-(1) Loyalty to the State is the basic duty of every
citizen.
(2) Obedience to the
Constitution and law is the 1[inviolable]
obligation of every citizen wherever he may be and of every other person for
the time being within
6. High treason.-2[(1) Any person who abrogates or
subverts or suspends or holds in abeyance, or attempts or conspires to abrogate
or subvert or suspend or hold in abeyance, the Constitution by use of force or
show of force or by any other unconstitutional means shall be guilty of high
treason.]
(2) Any person aiding or
abetting 3[or collaborating] the acts
mentioned in clause (1) shall likewise be guilty of high treason.
1Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “basic”.
2Subs. by the Constitution
(Eighteenth Amdt.) Act. 2010 (10 of 2010), s.4 for ―clause (1)‖.
3Ins. Ibid.
1[(2A) An act of high treason
mentioned in clause (1) or clause (2) shall not be validated by any court
including the Supreme Court and a High Court.]
(3) 2[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. Definition of the State. In this Part, unless the context
otherwise requires, “the State” means the Federal Government, 2[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.
8. Laws inconsistent with or in
derogation of Fundamental Rights to be void.-(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.
(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
3[(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;
1New clause (2A) ins. ibid.
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
3Subs. by the Constitution
(Fourth Amdt.) Act, 1975 (71 of 1975), s. 2, for “paragraph (b)”, (w.e.f the 21st
November, 1985), which was previously amended by Act 33 of 1974, s. 3, (w.e.f
4th May, 1974).
(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 1[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 2[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. Security of person. No person shall be deprived of
life or liberty save in accordance with law.
10. Safeguards as to arrest and
detention.-(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 with out 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.
1Subs. by the Constitution
(Fourth Amdt.) Act, 1975 (71 of I975), s. 2, for “the First Schedule, not being
a law which relates to, or is connected with, economic reforms.”
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
(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 1[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 1[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.
(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
(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.
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,2[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:
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.
1Subs. by the Constitution
(Third Amdt.) Act, 1975 (22 of 1975), s. 2, for “one month” (w.e.,f. the 13th
February. 1975).
2Subs. ibid., for “as soon as
may be, but not later than one week” (w.e.f. the 13th February, 1975).
(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 detained 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:---
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 1[, 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 determine 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.
2[10A. Right to fair trial. For the determination of his
civil rights and obligations or in any criminal charge against him a person
shall be entitled to a fair trial and due process.]
11. Slavery, forced labour,
etc., prohibited.-(1) Slavery is non-existent and forbidden and no law shall permit
or facilitate its introduction into
(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.
1 Added by the Constitution
(Third Amdt.) Act, 1975 (22 of 1975), s. 2.
2New Article 10 A ins. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 5.
(4) Nothing in this Article
shall be deemed to affect compulsory service-
(a) by any person undergoing punishment for an offence against any
law; or
(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. Protection against
retrospective punishment.-(1) No law shall authorize the punishment of a person,---
(a) for an act or omission that was not punishable by law at the
time of the act or omission; or
(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 (1)
or in Article 270 shall apply to any law making acts of abrogation or
subversion of a Constitution in force in
13. Protection against
double punishment and self incrimination. No person,---
(a) shall be prosecuted or punished for the same offence more than
once; or
(b) shall, when accused of an offence, be compelled to be a
witness against himself.
14. Inviolability of
dignity of man, etc.-(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. Freedom of movement, etc. 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
16. Freedom of assembly. Every citizen shall have the
right to assemble peacefully and without arms, subject to any reasonable
restrictions imposed by law in the interest of public order.
1[17. Freedom of association.-(1) Every
citizen shall have the right to form associations or unions, subject to
any reasonable 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 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 declares 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
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.]
18. Freedom of trade,
business or profession. 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:---
Provided that nothing in this
Article shall prevent,---
(a) the regulation of any trade or
profession by a licensing system; or
(b) the regulation of trade, commerce or industry in the interest of
free competition therein; or
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 6. for ―Article 17.
(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
19. Freedom of speech, etc. 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 relations with foreign States, public order, decency or
morality, or in relation to contempt of court, 1[commission of] or incitement
to an offence.
2[19A. Right to information. Every citizen shall have the
right to have access to information in all matters of public importance subject
to regulation and reasonable restrictions imposed by law].
20. Freedom to profess religion
and to manage religious institutions. Subject to law, public order and
morality,—
(a) every citizen shall have the right to profess, practice 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. Safeguard against taxation
for purposes of any particular religion. 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.
1Subs. by the Constitution
(Fourth Amdt.) Act, 1975 (71 of 1975), s. 4, for “defamation” (w.e.f the 21st
November, 1975).
2New Article 19A ins. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 7.
22. Safeguards as to educational
institutions in respect of religion.-(1) No person attending any educational institution
shall be required to receive religious instruction, 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,---
(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
(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. Provision as to property. Every citizen shall have the
right to acquire, hold and dispose of property in any part of
24. Protection of property
rights.-(1)
No person shall be 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 therefor 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,---
(a) any law permitting the compulsory acquisition or taking possession
of any property for preventing danger to life, property or public health; or
(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. Equality of citizens.-(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 sex1.
(3) Nothing in this Article
shall prevent the State from making any special provision for the protection of
women and children.
2[25A. Right to education. The State shall provide free and
compulsory education to all children of the age of five to sixteen years in
such manner as may be determined by law.]
26. Non-discrimination in
respect of access to public places.-(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 citizen 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. Safeguard against
discrimination in services.-(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 3[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
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 4[:]
1The word ―alone‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 8.
2New Article 25A ins. ibid., s.
9.
3Subs. and shall be deemed
always to have been so subs. by the Constitution (Sixteenth Amendment) Act,
1999 (7 of 1999), s. 2, for “twenty”, which was previously subs. by P.O. No. 14
of 1985, Art. 2 and Sch., for “ten”.
4Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 10 for the full-stop.
1[Provided also that
under-representation of any class or area in the service of
(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. Preservation of language,
script and culture. 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.
CHAPTER 2.– PRINCIPLES OF POLICY
29. Principles of Policy.-(1) The Principles set out in
this Chapter shall be known as the Principles of Policy, and it is the
responsibility of each organ and authority of the State, and of each person
performing functions on behalf of an organ or authority of the State, to act in
accordance with those Principles in so far as they relate to the functions of
the organ or authority.
(2) In so far as the observance
of any particular Principle of Policy may be dependent upon resources being
available for the purpose, the Principle shall be regarded as being
subject to the availability of resources.
(3) In respect of each
year, the President in relation to the affairs of the Federation, and the
Governor of each Province in relation to the affairs of his Province, shall
cause to be prepared and laid before
2[each House of Majlis-e-Shoora
(Parliament)] or, as the case may be, the Provincial Assembly, a report on the
observance and implementation of the Principles of Policy, and provision shall
be made in the rules of procedure of the National Assembly 3[and the Senate] or, as the case
may be, the Provincial Assembly, for discussion on such report.
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 10 for the full-stop.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 11, for ―the National
Assembly.
3Ins. ibid.
30. Responsibility with
respect to Principles of Policy.-(1) The responsibility of deciding whether any action of an organ
or authority of the State, or of a person performing functions on behalf of an
organ or authority of the State, is in accordance with the Principles of Policy
is that of the organ or authority of the State, or of the person, concerned.
(2) The validity of an action or
of a law shall not be called in question on the ground that it is not in
accordance with the Principles of Policy, and no action shall lie against the
State, any organ or authority of the State or any person on such ground.
31. Islamic way of life.-(1) Steps shall be taken to
enable the Muslims of Pakistan, individually and collectively, to order their
lives in accordance with the fundamental principles and basic concepts of
Islam and to provide facilities whereby they may be enabled to understand
the meaning of life according to the Holy Quran and Sunnah.
(2) The State shall endeavour,
as respects the Muslims of Pakistan,---
(a) to make the teaching of the Holy Quran and Islamiat compulsory, to
encourage and facilitate the learning of Arabic language and to secure
correct and exact printing and publishing of the Holy Quran;
(b) to promote unity and the observance of the Islamic moral
standards; and
(c) to secure the proper organisation of zakat 1[ushr,] auqaf and mosques.
32. Promotion of local
Government institutions. The State shall encourage local Government institutions composed
of elected representatives of the areas concerned and in such institutions
special representation will be given to peasants, workers and women.
1Ins. by P.O. No. 14 of 1985,
Art. 2 and Sch.,
33. Parochial and other similar prejudices to be discouraged. The State shall discourage parochial, racial, tribal sectarian and provincial prejudices among the citizens.
34. Full participation of women
in national life. Steps shall be taken to ensure full participation of women in all
spheres of national life.
35. Protection of family, etc. The State shall protect the
marriage, the family, the mother and the child.
36. Protection of minorities. The State shall safeguard the
legitimate rights and interests of minorities, including their due
representation in the Federal and Provincial services.
37. Promotion of social justice
and eradication of social evils. The State shall,---
(a) promote, with special care, the educational and economic interests
of backward classes or areas;
(b) remove illiteracy and provide free and compulsory secondary
education within minimum possible period;
(c) make technical and professional education generally available and
higher education equally accessible to all on the basis of merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane conditions of work,
ensuring that children and women are not employed in vocations unsuited to
their age or sex, and for maternity benefits for women in employment;
(f) enable the people of different areas, through education, training,
agricultural and industrial development and other methods, to participate fully
in all forms of national activities, including employment in the service of
(g) prevent prostitution, gambling
and taking of injurious drugs, printing, publication, circulation and display
of obscene literature and advertisements;
(h) prevent the consumption of alcoholic liquor otherwise than for
medicinal and, in the case of non-Muslims, religious purposes; and
(i) decentralise the Government administration so as to facilitate
expeditious disposal of its business to meet the convenience and requirements
of the public.
38. Promotion of social and
economic well being of the people. The State shall,---
(a) secure the well-being of the people, irrespective of sex, caste,
creed or race, by raising their standard of living, by preventing the
concentration of wealth and means of production and distribution in the hands
of a few to the detriment of general interest and by ensuring equitable
adjustment of rights between employers and employees, and landlords and
tenants;
(b) provide for all citizens, within the available resources of the
country, facilities for work and adequate livelihood with reasonable rest and
leisure;
(c) provide for all persons employed in the service of
(d) provide basic necessities of life, such as food, clothing,
housing, education and medical relief, for all such citizens, irrespective of
sex, caste, creed or race, as are permanently or temporarily unable to earn
their livelihood on account of infirmity, sickness or unemployment;
(e) reduce disparity in the income and earnings of individuals,
including persons in the various classes of the service of
(f) eliminate riba as early as possible 2[; and]
1The word ―and‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 12.
2Subs. ibid; for the full-stop.
1[(g) ensure that the shares of the
Provinces in all Federal services, including autonomous bodies and
corporations established by, or under the control of, the Federal Government,
shall be secured and any omission in the allocation of the shares of the
Provinces in the past shall be rectified.]
39. Participation of people
in Armed Forces. The State shall enable people from all parts of
40. Strengthening
bonds with Muslim world and promoting
international peace. The State shall endeavour to preserve and strengthen fraternal
relations among Muslim countries based on Islamic unity, support the common
interests of the peoples of Asia, Africa and
1The word ―and‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 12.
PART III
THE FEDERATION OF
CHAPTER 1.—THE PRESIDENT
41. The President.-(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.
1[(3) The President2* * * 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.
3* * * * * * *
1Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “clause (3)”.
2Certain words omitted by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 13.
3Clauses (7) to (9) Omitted by
the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 13.
42. Oath of President. 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. Conditions of President’s
office.-(1)
The President shall not hold any office of profit in the service of
(2) The President shall not be a
candidate for election as a member of 1[Majlis-e-Shoora (Parliament)]
or a Provincial assembly; and, if a member of 1[Majlis-e-Shoora (Parliament)]
or a Provincial Assembly is elected as President, his seat in 1[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. Term of office of President.-(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 terms, 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. President’s power to grant
pardon, etc. 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.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
1[46. President to be kept informed. The Prime Minister shall keep
the President informed on all matters of internal and foreign policy and on all
legislative proposals the Federal Government intends to bring before
Majlis-e-Shoora (Parliament).]
47. Removal 2[or impeachment] of President.-3[(l)
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 notice 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 4[Majlis-e-Shoora (Parliament)]
declaring that the President is unfit to hold the office due to incapacity
or
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 14, for ―Article 46‖.
2Ins. by the P.O. 14 of 1985,
Art 2 and Sch.
3Subs. ibid., for “clauses (1)
and (2)”.
4Subs. by the Revival of the Constitution of
1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
is guilty of violating the
Constitution or of gross misconduct, the President shall cease to hold office
immediately on the passing of the resolution.
1[48.President to act on advice, etc.-(1) In the
exercise of his functions, the President shall act 2[on and] in accordance with the
advice of the Cabinet 3[or the Prime Minister]:---
4[Provided that 2[within fifteen days] 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 2[, w ithin ten days,] 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 5[and the validity of anything
done by the President in his discretion shall not be called in question on any
ground whatsoever].
6* * * * * * *
(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.
7[(5) Where the President
dissolves the National Assembly, notwithstanding anything contained in clause
(1), he shall,---
(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 Cabinet8[in accordance with
the provisions of Article 224 or, as the case may be, Article 224A]]
7[(6) If at any time the Prime
Minister considers it necessary to hold a referendum on any matter of national
importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora
(Parliament) and if it is
1Subs. by P.O. No. 14 of 1985,
Art. 2 and Sch., for “Article 48”.
2Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15.
3Subs. by the Constitution
(Eighth Amdt.) Act, 1985 (18 of 1985), s. 2, for “,the Prime Minister, or a
appropriate Minister”.
4Subs. ibid., for “the original
proviso”.
5Added ibid.,
6Clause (3) omitted, ibid.,
7Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15, for ―clauses (5) and
(6)‖.
8Added by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012), s.2.
approved in a joint sitting, the
Prime Minister may cause such matter to be referred to a referendum in the form
of a question that is capable of being answered by either “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. Chairman or Speaker to
act as, or perform functions of, President.-(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.
CHAPTER 2. – THE1[MAJLIS-E-SHOORA
(PARLIAMENT)] Composition,
Duration and Meetings of1[Majlis-e-Shoora (Parliament)]
2[50. Majlis-e-Shoora (Parliament). There shall be
a Majlis-e-Shoora (Parliament) of
3[51. National Assembly.-(1) There
shall be three hundred and [thirty six][2] seats for members in the
National Assembly, including seats reserved for women and non-Muslims.
(2) A person shall be entitled
to vote if,---
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Subs. by P.O. No. 14 of 1985,
Art. 2 and Sch., for “Article 50”.
3Subs. by the Constitution (Eighteenth Amdt.)
Act, 2010 (10 of 2010), s. 16 for ―Article 51‖ and shall be deemed always to have
been so subs. with effect from the 21st day of August, 2002.
(a) he is a citizen of
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be unsound mind.
(3) The seats in the National
Assembly referred to in clause (1), except [the seats mentioned in clause (4),
shall be allotted to each Province and the Federal Capital as under:---][3]
|
Balochistan |
General Seats 16 |
Women 4 |
Total 20 |
|
Khyber
Pakhtunkhwa |
45 |
10 |
55 |
|
|
141 |
32 |
173 |
|
Sindh |
61 |
14 |
75 |
|
Federal
Capital |
3 |
- |
3 |
|
Total |
266 |
60 |
326 |
[(3A) Notwithstanding anything
contained in clause (3) substituted as aforesaid or any other law for the time
being in force, the members of the National Assembly from the Federally
Administrative Trial Areas to be elected in the General Elections, 2018 shall
continue till dissolution of the National Assembly and thereafter this clause
shall stand omitted.][4]
(4) In addition to the number of
seats referred to in clause (3), there shall be, in the National Assembly, ten
seats reserved for non- Muslims.
(5) [**** T][5]he seats in the National
Assembly shall be allocated to each province and the Federal Capital on the
basis of population in accordance with the last preceding census officially
published:
(6) For the purpose of election
to the National Assembly,---
(a) the constituencies for the general seats shall be single member
territorial constituencies and the members to fill such seats shall be elected
by direct and free vote in accordance with law;
(b) each Province shall be a single constituency for all seats
reserved for women which are allocated to the respective Provinces under clause
(3);
(c) the constituency for all seats reserved for non-Muslims shall be
the whole country;
(d) members to the seats reserved for
women which are allocated to a Province under clause (3) shall be elected in
accordance with law through proportional representation system of political
parties‘ lists of candidates on the basis of total number of general seats
secured by each political party from the Province concerned in the National
Assembly:
Provided that for the purpose of
this paragraph the total number of general seats won by a political party shall
include the independent returned candidate or candidates who may duly join such
political party within three days of the publication in the official Gazette of
the names of the returned candidates; and
(e) members to the seats reserved for non-Muslims shall be elected in
accordance with law through proportional representation system of political
parties‘ lists of candidates on the basis of total number of general seats won
by each political party in the National Assembly:---
Provided that for the purpose of
this paragraph the total number of general seats won by a political party shall
include the independent returned candidate or candidates who may duly join such
political party within three days of the publication in the official Gazette of
the names of the returned candidates.]
52. Duration of National
Assembly. 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. Speaker and Deputy Speaker
of National Assembly.-(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; or
(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.
1[54. Summoning and prorogation of Majlis-e-Shoora (Parliament).-(1)
The President may, from time to time, summon either House or both Houses
or 2[Majlis-e-Shoora (Parliament)]
in joint sitting to meet at such time and place as he thinks fit and may also
prorogue the same.]
1Article 54, had, until the
31st day of December, 1973, effect as if the proviso to clause (2) thereof were
omitted, see the Removal of Difficulties (Sittings of National Assembly) Order
1973 (P.O. No. 23 of 1973), Art. 2.
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
(2) There shall be
at least 1[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 2[thirty] working days in each
year.
3[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. Voting in Assembly and
quorum.-(1)
Subject to the Constitution, all decisions of the National Assembly shall be
taken by majority of the members present and voting, but the person 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. Address by President.-4[(1)] The President may
address either House or both Houses assembled together and may for that purpose
require the attendance of the members.
4[(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 despatch consider any matter required by the
message to be taken into consideration.
1Subs. by P.O. No. 14 of 1985,
Art. 2 and Sch.. for “two”.
2Subs. by the Constitution
(Tenth Amdt.) Act, 1987 (1 of 1987). s. 2. for “sixty” which was previously
amended by P.O. No.14 of 1985, Art. 2 and Sch.
3Explanation added
by the Constitution (Fourth Amdt.) Act,
1975 (71 of 1975), s. 6 (w.e.f.
the 21st November, 1975).
4Re-numbered and added by P. O. No. 14 of
1985, Art. 2 and Sch.,
1[(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. Right to speak in 2[Majlis-e-Shoora (Parliament)]. 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.
3[58. Dissolution of National Assembly.-(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.
(2) Notwithstanding anything
contained in clause (2) of Article 48, the President may also dissolve the
National Assembly in his discretion where, a vote of no-confidence having been
passed against the Prime Minister, no other member of the National Assembly
command the confidence of the majority of the members 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.]
1Subs. by the Constitution
(Eighth Amdt.) Act, 1985, (18 of 1985), s. 4, for “clause (3).”
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
3Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 17, for ―Article 58.
1[59. The Senate.-(1) The Senate shall consist of
[ninety-six][6]
members, of whom,---
(a) fourteen shall be elected by the members of each Provincial
Assembly;
(b) ****** omitted by 31st amendment.[7]
(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the
Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial
Assembly;
(e) four technocrats including ulema shall be elected by the members
of each Provincial Assembly; and
(f) four non-Muslims, one from each Province, shall be elected by the
members of each Provincial Assembly:---
Provided that paragraph (f)
shall be effective from the next Senate election after the commencement of the
Constitution (Eighteenth Amendment) Act, 2010.
(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 he 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) ******* omitted by 31st amendment.[8]
1Subs. ibid., s. 18, for
“Article 59”.
(c) of the members referred to in paragraph (c) of the aforesaid
clause,---
(i) one elected on general seat shall retire after the expiration of
the first three years and the other one shall retire after the expiration of
the next three years; and
(ii) one elected on the seat reserved for technocrat shall retire after
first three years and the one elected on the seat reserved for woman 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 two
shall retire after the expiration of the next three years;
(e) of the members referred to in paragraph (e) of the aforesaid
clause, two shall retire after the expiration of the first three years and two
shall retire after the expiration of the next three years; and
(f) of the members referred to in paragraph (f) of the aforesaid
clause, two shall retire after the expiration of first three years and two
shall retire after the expiration of next three years:
Provided that the Election
Commission for the first term of seats for non-Muslims shall draw a lot as to
which two members shall retire after the first three years.
[(3A) Notwithstanding the
omission of paragraph (b) of clause (3), the existing members of the Senate
from the Federally Administrated Tribal Areas shall continue till expiry of
their respective terms of office and on the expiry of the aforesaid terms this
clause shall stand omitted.][9]
(4) 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. Chairman and Deputy
Chairman.-(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” 1[three] years from
the day on which he enters upon his office.
61. Other provisions relating to
Senate. 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 2[and as
if, in the proviso to the said clause (2) of Article 54, for the words
3[one hundred and thirty] the words 4[one hundred and ten] were
substituted].
provisions as to Members of 5[Majlis-e-Shoora (Parliament)]
662. Qualifications for membership of
Majlis-e-Shoora (Parliament).-(1) 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
(b) he is, in the case of the National Assembly, not less than
twenty-five years of age and is enrolled as a voter in any electoral roll
in,---
(i) any part of
(ii) any area in a Province from
which she seeks membership for election to a seat reserved for
women.
(c) he is, in the case of the Senate, not less than thirty
years of age and is enrolled as a voter in any area in a Province or, as the
case may be, the Federal Capital *******[10], from where he seeks
membership;
1Subs. by the Constitution
(Eighth Amdt.) Act, 1985 (18 of 1985), s. 7, for ―two.
2Added by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 5 (w.e.f. the 14th May, 1974).
3Subs. by the Constitution
(Tenth Amdt.) Act, 1987 (1 of 1987), s. 3, which was previously amended by P.
O. No. 24 of 1985. Art. 2.
4Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 19, for ―ninety.
5Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
6Subs. by the Constitution (Eighteenth Amdt.)
Act, 2010 (10 of 2010), s. 20, for ―Article 62.
(d) he is of good character and is not commonly known as one who
violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices
obligatory duties prescribed by Islam as well as abstains from major sins;
(f) he is sagacious, righteous, non-profligate, honest and ameen,
there being no declaration to the contrary by a court of law; and
(g) he has not, after the establishment of
(2) 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;].
1[63. Disqualifications for membership of Majlis-e-Shoora
(Parliament).-(1) A person shall be disqualified from being elected or chosen
as, and from being, a member of the Majlis-e-Shoora (Parliament), if—
(a) he is of unsound mind and has been so declared by a competent
court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of
(d) he holds an office of profit in the service of
(e) he is in the service 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; or
(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
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 21, for ―Article 63‖.
(g) he has been convicted by a court of competent jurisdiction for
propagating any opinion, or acting in any manner, prejudicial to the ideology
of Pakistan, or the sovereignty, integrity or security of Pakistan, 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, unless a
period of five years has lapsed since his release; or
(h) he has been, on conviction for any offence involving 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
(i) he has been dismissed from the service of Pakistan or service of a
corporation or office set up or, controlled by the Federal Government,
Provincial Government or a Local Government on the grounds of misconduct,
unless a period of five years has elapsed since his dismissal; or
(j) he has been removed or compulsorily retired from the service
of Pakistan or service of a corporation or office set up or
controlled by the Federal Government, Provincial Government or a
Local Government on the ground of misconduct, unless a period of three
years has elapsed since his removal or compulsory retirement; or
(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
(l) 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:
Provided that the disqualification
under this paragraph shall not apply to a person,---
(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;
(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 shareholder but is not a director holding an office of profit
under the company; or
(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;
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; or
(m) he holds any office of profit in the service of
(i) an office which is not whole time office remunerated either by
salary or by fee;
(ii) the office of Lumbardar, whether called by this or any other
title;
(iii) the Qaumi Razakars;
(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
(n) he has obtained a loan for an amount of two million rupees or more,
from any bank, financial institution, cooperative society or cooperative body
in his own name or in the name of his spouse or any of his dependents, which
remains unpaid for more than one year from the due date, or has got such loan
written off; or
(o) he or his spouse or any of his
dependents has defaulted in payment of government dues and utility expenses,
including telephone, electricity, gas and water charges in excess of ten
thousand rupees, for over six months, at the time of filing his nomination
papers; or
(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.
Explanation.— For the purposes of this paragraph “law” shall
not include an Ordinance promulgated under Article 89 or Article 128.
(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,
unless he decides that no such question has arisen, refer the question to the
Election Commission within thirty days and if he fails to do so within the
aforesaid period it shall be deemed to have been referred to the Election
Commission.
(3) The Election Commission
shall decide the question within ninety days from its receipt or deemed to have
been received and if it is of the opinion that the member has become
disqualified, he shall cease to be a member and his seat shall become vacant.]
1[63A. Disqualification on grounds of defection, etc. (1) If a member of a
Parliamentary Party composed of a single political party in a House,---
(a) resigns from membership of his political party or joins another
Parliamentary party; or
(b) votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he belongs, in relation
to—
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.22, for “Article 63A”.
he may be declared in writing by
the Party Head to have defected from the political party, and the Party Head
may forward a copy of the declaration to the Presiding Officer and the Chief
Election Commissioner and shall similarly forward a copy thereof to the member
concerned:
Provided that before making the
declaration, the Party Head shall provide such member with an opportunity to
show cause as to why such declaration may not be made against him.
Explanation.— “Party Head” means any
person, by whatever name called, declared as such by the Party.
(2) A member of a House shall be
deemed to be a member of a Parliamentary Party if he, having been elected as a
candidate or nominee of a political party which constitutes the Parliamentary
Party in the House or, having been elected otherwise than as a candidate or
nominee of a political party, has become a member of such Parliamentary Party
after such election by means of a declaration in writing.
(3) Upon receipt of the
declaration under clause (1), the Presiding Officer of the House shall within
two days refer, and in case he fails to do so it shall be deemed that he has
referred, the declaration to the Chief Election Commissioner who shall lay the
declaration before the Election Commission for its decision thereon confirming
the declaration or otherwise within thirty days of its receipt by the Chief
Election Commissioner.
(4) Where the Election
Commission confirms the declaration, the member referred to in clause (1) shall
cease to be a member of the House and his seat shall become vacant.
(5) Any party aggrieved by the
decision of the Election Commission may, within thirty days, prefer an appeal
to the Supreme Court which shall decide the matter within ninety days from the
date of the filing of the appeal.
(6) Nothing contained in this
Article shall apply to the Chairman or Speaker of a House.
(7) For the purpose of this
Article,---
(a) ”House” means the National Assembly or the Senate, in relation to
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 the case may be.
(8) Article 63A substituted as
aforesaid shall comes into effect from the next general elections to be held
after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A
substituted as aforesaid comes into effect the provisions of existing Article
63A shall remain operative]1*.
64. Vacation of seats.__ (1) A member of 2[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.
(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.
65. Oath of Members. 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.
66. Privileges of members, etc. (1) Subject to the Constitution
and to the rules of procedure of 2[Majlis-e-Shoora (Parliament)],
there shall be freedom of speech in 2[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 2[Majlis-e-Shoora (Parliament)],
and no person shall be so liable in respect of the publication by or under the
authority of
2[Majlis-e-Shoora
(Parliament)] of any report, paper, votes or proceedings.
(2) In other respects, the
powers, immunities and privileges of 2[Majlis-e-Shoora (Parliament)],
and the immunities and privileges of the members of2[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,
1For existing Article 63A see
Addendum at p. 220.
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
immediately before the
commencing day, enjoyed by the National Assembly of Pakistan and the committees
thereof and its members.
(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:
Provided that any such law,---
(a) may empower a court to punish a person who refuses to give
evidence or produce documents; and
(b) shall have effect subject to such Order for safeguarding
confidential matters from disclosure as may be made by the President.
(4) The provisions of this
Article shall apply to persons who have the right to speak in, and otherwise to
take part in the proceedings of, 1[Majlis-e-Shoora (Parliament)]
as they apply to members.
(5) In this Article. 1[Majlis-e-Shoora (Parliament)]
means either House or a joint sitting, or a committee thereof.
Procedure Generally
67. Rules of procedure, etc.__ (1) Subject to the Constitution,
a House may make 2rules 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.
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2 For the rules of Procedure and
Conduct of business in the Senate. see Gaz. of Pak. 1973. Ext., Pt. II. pp.
1543-1620.
For the Rules of Procedure and Conduct of Business in the
National Assembly. 1973. see Gaz. of Pak., 1973, Ext., Pt. II, pp. 1897-1957.
68. Restriction on discussion in 1[Majlis-e-Shoora (Parliament)]. No discussion shall take place
in 1[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. Courts not to inquire into
proceedings of 1[Majlis-e-Shoora (Parliament)].__ (1) The validity of any
proceedings in 1[Majlis-e-Shoora (Parliament)]
shall not be called in question on the ground of any irregularity of procedure.
(2) No officer or member of 1[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 1[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,
1[Majlis-e-Shoora (Parliament)] has the same meaning as in Article 66.
Legislative Procedure
2[70. Introduction and passing of Bills.__ (1) A Bill with respect to any
matter in the Federal 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 be presented to the President for assent.
(2) If a Bill transmitted to a
House under clause (1) is passed with amendments it shall be sent back to the
House in which it originated and if that House passes the Bill with those
amendments it shall be presented to the President for assent.
(3) If a Bill transmitted to a
House under clause (1) is rejected or is not passed within ninety days of its
laying in the House or a Bill sent to a House under clause (2) with amendments
is not passed by that House with such amendments, the Bill, at the request of
the House in which it originated, shall be considered in a joint sitting and if
passed by the votes of the majority of the members present and voting in the
joint sitting it shall be presented to the President for assent.
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2 Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 23, for “Article 70”.
(4) In this Article and the
succeeding provisions of the Constitution, “Federal Legislative List” means the
Federal Legislative List in the Fourth Schedule.]
71. Mediation Committee. [Mediation Committee] omitted by
the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 24 as amended by
various enactments.
72. Procedure at joint sittings.__ (1) The President, after
consultation with the Speaker of the National Assembly and the Chairman, may
make 1rules 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. Procedure with respect to
Money Bills.__ ”2[(1) Notwithstanding anything
contained in Article 70, a Money Bill shall originate in the National Assembly:
and
Provided that simultaneously
when a Money Bill, including the Finance Bill containing the Annual Budget
Statement, is presented in the National Assembly, a copy thereof shall be
transmitted to the Senate which may, within fourteen days, make recommendations
thereon to the National Assembly.]”;
3[(1A) The National Assembly
shall, consider the recommendations of the Senate and after the Bill has been
passed by the Assembly with or without incorporating the recommendations of the
Senate, it shall he presented to the President for assent.].
4* * * * * * * *
1 For the Parliament (Joint
Sitting), Rules 1973, see Gaz. of Pak. 1973, Ext. Pt. 11, pp. 1657-1672.
2 Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 25, for “clause (1)”.
3 New clause (1) ins., ibid.
4 Existing clause (1A) stands
omitted as consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see
section 2.
(2) For the purposes 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.
Federal Government’s consent required for financial measures. 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 1[Majlis-e-Shoora (Parliament)]
except by or with the consent of the Federal Government.
2[75. President’s assent to Bills. (1) When a Bill is presented to
the President for assent, the President shall, within 3[ten] 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.
4[(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
give his assent within ten days, failing which such assent shall be deemed to
have been given.]; and
(3) When the President has
assented 5[or is deemed to have 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.].
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2 Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Article 75”.
3 Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 26, for “thirty”.
4 Subs. ibid., for clause (2).
5 Ins. ibid.
76. Bill not to lapse on
prorogation, etc.__ (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. Tax to be levied by law
only. No tax shall be levied for the purposes of the Federation except
by or under the authority of Act of 1[Majlis-e-Shoora (Parliament)].
Financial Procedure
78. Federal Consolidated Fund
and Public Account. (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. Custody, etc., of Federal
Consolidated Fund and Public Account. The custody of the Federal
Consolidated Fund, the payment of 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,
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
and all matters connected with
or ancillary to the matters aforesaid shall be regulated by Act of 1[Majlis-e-Shoora (Parliament)]
or, until provision in that behalf is so made, by rules made by the President.
80. Annual Budget Statement.__(1) The Federal
Government shall, in respect of every financial year, cause to be laid before
the National Assembly a statement of the estimated receipt 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. Expenditure charged upon
Federal Consolidated Fund. 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 2[and the
(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;
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Added by the Constitution
(Nineteenth Amendment) Act, 2011 (1 of 2011) s. 2.
[(b) the administrative expenses, including the remuneration payable to
officers and servants, of the Supreme Court, the Islamabad High Court, the
department of the Auditor- General, 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 judgement, decree or award
against
(e) any other sums declared by the Constitution or by Act of 2[Majlis-e-Shoora (Parliament)]
to be so charged.
82. Procedure relating to Annual
Budget Statement.__ (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.
1Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 2.
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.
83. Authentication of schedule
of authorized expenditure.__ (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. Supplementary and excess
grants. 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 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. Votes on account. 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. Power to authorize
expenditure when Assembly stands dissolved.
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. Secretariats of
[Majlis-e-Shoora (Parliament)]. ___ (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) 1[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
1[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 rules2
regulating the recruitment, and the conditions of service, of persons appointed
to the secretarial staff of the National Assembly or the Senate.
88. Finance Committees .___ (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.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2For the National Assembly
Secretariat (Recruitment) Rules, 1973, see Gaz. of Pak.. 1973, Ext., Part-II.
pp. 2279-2286.
For the Senate Secretariat (Recruitment) Rules. 1973, see ibid..
pp. 2301-2307.
(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 rules1 for regulating its procedure.
Ordinances
89. Power of President to
promulgate Ordinances.__(1) The President may, except
when the 2[Senate or] 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 of3[Majlis-e-Shoora
(Parliament)] and shall be subject to like restrictions as the power of 3[Majlis-e-Shoora (Parliament)]
to make law, but every such Ordinance,---
(a) shall be laid,---
(i) before the National Assembly if it 4[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 5[one hundred and twenty days]
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 6[:]
7[Provided that the National
Assembly may by a resolution extend the Ordinance for a further period of one
hundred and twenty days and it shall stand repealed at the expiration of the
extended period, or if before the expiration of that period a resolution
disapproving it is passed by the Assembly, upon the passing of that
resolution:---
1For the National Assembly
(Finance Committee) Rules, 1973, see Gaz. of Pak., 1973. Ext., Part II, pp. 2451
- 2454.
For the Senate (Finance Committee) Rules, 1973, see ibid., pp.
2479-2482.
2Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27.
3Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
4Subs. by the Constitution
(Second Amdt.) Order, 1985 (P. O. No. 20 of 1985), Art. 2, for certain words.
5Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for ―four months‖.
6Subs. ibid, for the
semi-colon.
7New Provisos ins. ibid.
Provided further that extension
for further period may be made only once.]; and
(ii) before both Houses if it 1[does not contain provisions
dealing with any of the matters referred to in sub-paragraph (i)], and shall
stand repealed at the expiration of2[one hundred and
twenty days] 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 resolution3[:]
4[Provided that either House may
by a resolution extend it for a further period of one hundred and twenty days
and it shall stand repealed at the expiration of the extended period, or if
before the expiration of that period a resolution disapproving it is passed by
a House, upon the passing of that resolution:
Provided further that extension
for a further period may be made only once; and]
(b) may be withdrawn at any time by the President.
5[(3) without prejudice to the
provisions of clause (2),---
(a) an Ordinance laid before the National Assembly under sub-
paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill
introduced in the National Assembly; and
(b) an Ordinance laid before both Houses under sub-paragraph (ii) of
paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the
House where it was first laid.].
CHAPTER 3. – THE FEDERAL
GOVERNMENT
6[7[90. The Federal Government.—(1)
Subject to the Constitution, the executive authority of the Federation shall be
exercised in the name of the President by the Federal
1Subs. by P.O. 20 of 1985 Art.
3 for certain words.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for ―four months.
3Subs. by Act 10 of 2010, s.
27, for ―;and.
4New Provisos ins. ibid.
5Subs. by the Constitution (Eighteenth
Amdt.) Act, 2010 (10 of 2010), s. 27, for ―clause (93).
6Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for Articles “90, 91, 92, 93, 94, 95 and 96.”
7As per A.O 14 of 1985 .
Government, consisting of the
Prime Minister and the Federal Ministers, which shall act through the Prime
Minister, who shall be the chief executive of the Federation.
(2) In the performance of his
functions under the Constitution, the Prime Minister may act either directly or
through the Federal Minister.].
1[91. The Cabinet.__ (1) There shall be a Cabinet of
Ministers, with the Prime Minister at its head, to aid and advise the President
in the exercise of his functions.
(2) The National Assembly shall
meet on the twenty-first day following the day on which a general election to
the Assembly is held, unless sooner summoned by the President.
(3) After the election of the
Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion
of any other business, proceed to elect without debate one of its Muslim
members to be the Prime Minister.
(4) The Prime Minister shall be
elected by the votes of the majority of the total membership of the National
Assembly:
Provided that, if no member
secures such majority in the first poll, a second poll shall be held between
the members who secure the two highest numbers of votes in the first poll and
the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Prime Minister:---
Provided further that, if the
number of votes secured by two or more members securing the highest number of
votes is equal, further poll shall be held between them until one of them
secures a majority of votes of the members present and voting.
(5) The member elected under
clause (4) shall be called upon by the President to assume the office of Prime
Minister and he shall, before entering upon the office, make before the
President oath in the form set out in the Third Schedule:---
Provided that there shall be no
restriction on the number of terms for the office of the Prime Minister.
118th amendment.
(6) The Cabinet, together with
the Ministers of State, shall be collectively responsible to the Senate and the
National Assembly.
(7) 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.
(8) The Prime Minister may, by
writing under his hand addressed to the President, resign his office.
(9) A Minister who for any
period of six consecutive months is not a member of the National Assembly
shall, at the expiration of that period, cease to be a Minister and shall not
before the dissolution of that Assembly be again appointed a Minister unless he
is elected a member of that Assembly:---
Provided that nothing contained
in this clause shall apply to a Minister who is member of the Senate.
(10) Nothing contained in this
Article shall be construed as disqualifying the Prime Minister or any other
Minister or a Minister of State for continuing in office during any period
during which the National Assembly stands dissolved, or as preventing the
appointment of any person as Prime Minister or other Minister or a Minister of
State during any such period.]
*[92. Federal Ministers and Ministers of State.__ (1) Subject to clauses 1[(9) and (10) of Article 91, the
President shall appoint Federal Ministers and Ministers of State from amongst
the members of Majlis-e-Shoora (Parliament) on the advice of the Prime
Minister:---
Provided that the number of
Federal Ministers and Ministers of State who are members of the Senate shall
not at any time exceed one- fourth of the number of Federal Ministers 2[:]---
3[Provided further that the total
strength of the Cabinet, including Ministers of State, shall not exceed eleven
percent of the total membership of Majlis-e-Shoora (Parliament)]:
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 30, for ―(7) and (8)‖.
2Subs. ibid., for the
full-stop.
3Provisos ins. ibid.
* P.O 14 of 1985.
Provided also that the aforesaid
amendment shall be effective from the next general election held after the
commencement of the Constitution (Eighteenth Amendment) Act, 2010.]
(2) Before entering upon office,
a Federal Minister or Minister of State shall make before the President oath in
the form set out in the Third Schedule.
(3) A Federal Minister or
Minister of State may, by writing under his hand addressed to the President,
resign his office or may be removed from office by the President on the advice
of the Prime Minister.
1[93. Advisers.___ (1) The President may, on the
advice of the Prime Minister, appoint not more than five Advisers, on such
terms and conditions as he may determine.
(2) The provisions of Article 57
shall also apply to an Adviser.]
1[94. Prime Minister continuing
in office The President may ask the Prime Minister to continue to hold
office until his successor enters upon the office of Prime Minister.]
1[95. Vote of no-confidence
against Prime Minister. (1) A resolution for a vote of no-confidence moved by not less
than twenty per centum of the total membership of the National Assembly may be
passed against the Prime Minister by the National Assembly.
(2) A resolution referred to in
clause (1) shall not be voted upon before the expiration of three days, or
later than seven days, from the day on which such resolution is moved in the
National Assembly.
(3) A resolution referred to in
clause (1) shall not be moved in the National Assembly while the National
Assembly is considering demands for grants submitted to it in the Annual Budget
Statement.
(4) If the resolution referred
to in clause (1) is passed by a majority of the total membership of the
National Assembly, the Prime Minister shall cease to hold office.]
1P.O 14 of 1985.
96. Vote of no confidence against
Prime Minister. Omitted by substitution through renumbering vide P. O. No. 14
of 1985, Art. 2 and Sch.
97. Extent of executive
authority of Federation. Subject to the Constitution, the executive authority of the
federation shall extend to the matters with respect to which 1[Majlis-e- Shoora (Parliament)]
has power to make laws, including exercise of rights, authority and
jurisdiction in and in relation to areas outside Pakistan:
Provided that the said authority
shall not, save as expressly provided in the Constitution or in any law made by1[Majlis-e-Shoora
(Parliament)], extend in any Province to a matter with respect to which the
Provincial Assembly has also power to make laws.
98. Conferring of functions on
subordinate authorities. On the recommendation of the Federal Government, 1[Majlis-e- Shoora
(Parliament)] may by law confer functions upon officers or authorities
subordinate to the Federal Government.
2[99. Conduct of business of Federal Government.___ (1) All executive actions of the
Federal Government shall be expressed to be taken in the name of the President.
(2) The 3[Federal Government] shall by
rules specify the manner in which orders and other instruments made and
executed 4[in his name of the President]
shall be authenticated, and the validity of any order or instrument so
authenticated shall not be questioned in any court on the ground that it was
not made or executed by the President.
5[(3) The Federal Government
shall also make rules for the allocation and transaction of its business.]].
100. Attorney-General for
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”
2Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Art. 99.”
3Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010) s. 31, for “President”.
4Subs. ibid., for “in his
name”.
5Subs. ibid., s. 31, for
“clause (3)”.
(2) The Attorney-General shall
hold office during the pleasure of the President 1[and shall not engage in private
practice so long as he holds the office of the Attorney-General].
(3) It shall be the duty of the
Attorney-General to give advice to the Federal Government upon such legal matters,
and to perform such other duties of a legal character, as may be referred or
assigned to him by the Federal Government, and in the performance of his duties
he shall have the right of audience in all courts and tribunals in Pakistan.
(4) The Attorney-General may, by
writing under his hand addressed to the President, resign his office.
118th amendment, 2010.
PART IV
PROVINCES
CHAPTER 1. – THE GOVERNORS
101. Appointment of Governor.__ 1[(1) There shall be a Governor
for each Province, who shall be appointed by the President on the advise of the
Prime Minister].
(2) A person shall not be
appointed a Governor unless he is qualified to be elected as a member of the
National Assembly and is not less than thirty-five years of age 2[and is a registered voter and
resident of the Province concerned.] 3[:]
4* * * * * * *
4* * * * * * *
(3) The Governor shall hold
office during the pleasure of the President 5[and shall be entitled to such
salary, allowances and privileges as the President may determine].
(4) The Governor may, by writing
under his hand addressed to the President, resign his office.
6[(5) The President may make such
provision as he thinks fit for the discharge of the functions of a Governor 7[in any contingency not provided
for in this Part.]
102. Oath of Office. Before entering upon office, the
Governor shall make before the Chief Justice of the High Court oath in the form
set out in the Third Schedule.
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 33, for ―clause (1)‖.
2Added ibid.
3Subs. by the Constitution
(Fifth Amdt.) Act. 1976 (62 of 1976), s. 2, for the full-stop (w.e.f. the 13th
September, 1976).
4Proviso and clause (2A)
omitted by the Constitution (Eighth Amdt.) Act, 1985 ( 18 of 1985), s. 11 which
was previously amended by Act 62 of 1976, s.2.
5Added by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 6, (w.e.f. the 4th May, 1974).
6Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
7Added by Act 18 of 1985, s.
11.
103. Conditions of Governor’s
office.__ (1) The Governor shall not hold
any office of profit in the service of
(2) The Governor shall not be a
candidate for election as a member of 1[Majlis-e-Shoora (Parliament)] or a
Provincial Assembly and, if a member of 1[Majlis-e-Shoora (Parliament)]
or a Provincial Assembly is appointed as Governor, his seat in 1[Majlis-e-Shoora (Parliament)]
or, as the case may be, the Provincial Assembly shall become vacant on the day
he enters upon his office.
2[104.Speaker Provincial Assembly to act as, or perform functions
of Governor in his absence. When the Governor, by reason of
absence from Pakistan or for any other cause, is unable to perform his
functions, the Speaker of the Provincial Assembly and in his absence any other
person as the President may nominate shall perform the functions of Governor
until the Governor returns to Pakistan or, as the case may be, resumes his
functions.]
3[105. Governor to act on advice, etc.__ (1) Subject to Constitution, in
the performance of his functions, the Governor shall act 4[on and] in accordance with the
advice of the Cabinet 5[or the Chief Minister]:---
5[Provided that 4[within fifteen
days] 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 4[, within ten days,] act in
accordance with the advice tendered after such reconsideration.]
6* * * * * * * * *
(2) The question whether any,
and if so what, advice was tendered to the Governor by the Chief Minister7[or the Cabinet]
shall not be inquired into in, or by, any court, tribunal or other authority.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 34, for ―Article 104‖.
3Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Article 105”.
4Ins. by Act No. 10 of 2010, s.
35.
5Subs. by the Constitution
(Eighth Amdt.) Act. 1985 (18 of 1985), s. 12, for ―proviso,‖
6Proviso omitted ibid.
7Subs. ibid., for “the Cabinet
or a Minister”.
[(3) Where the Governor
dissolves the Provincial Assembly, notwithstanding anything contained in clause
(1), he shall,---
(a) appoint a date, not later than ninety days from the date of
dissolution, for the holding of a general election to the Assembly; and
(b) appoint a care-taker Cabinet.]
2* * * * * * * * *
(5) The provisions of clause 3[(2)] of Article 48 shall have
effect in relation to a Governor as if reference therein to “President” were
reference to “Governor”.]
CHAPTER 2. – PROVINCIAL ASSEMBLIES
4[106. Constitution of Provincial Assemblies. (1) Each Provincial Assembly
shall consist of general seats and seats reserved for women and non-Muslims as
specified herein below:-
|
|
General
seats |
Women |
Non-Muslims |
Total |
|
|
51 |
11 |
3 |
65 |
|
Khyber
Pakhtunkhwa |
115 |
26 |
4 |
145[11] |
|
|
297 |
66 |
8 |
371 |
|
Sindh |
130 |
29 |
9 |
168 |
[(1A) The seats for the Province
of Khyber Pakhtunkhwa, referred to in clause (1, include sixteen general seats,
four seats for women and one seat for non-Muslims in respect of the Federally
Administrated Tribal Areas:---
Provided that elections to the
aforesaid seats shall be held within one year after the General Elections,
2018.
(1B) After elections to seats
referred to in clause (1A), both clause (1A) and this clause shall stand
omitted.][12]
(2) A person shall be entitled
to vote if,---
(a) he is a citizen of
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll for any area in the
Province; and
(d) he is not declared by a competent court to be of unsound mind.
1Subs. by Act No. 10 of 2010,
s. 35, for ―clause (3)‖.
2Clause (4) omitted, ibid.
3Subs. by the Constitution
(Eighth Amdt.) Act. 1985 (18 of 1985) s. 12 for “(3)”.
4Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 36, for ―Article 106‖ and shall be deemed always to have been so, subs. with effect
from 21st day of August, 2002.
(3) For the purpose of election
to a Provincial Assembly,---
(a) the constituencies for the general seats shall be single member
territorial constituencies and the members to fill such seats shall be elected
by direct and free vote;
(b) each Province shall be a single constituency for all seats
reserved for women and non-Muslims allocated to the respective Provinces under
clause (1);
(c) the members to fill seats reserved for women and non- Muslims
allocated to a Province under clause (1) shall be elected in accordance with
law through proportional representation system of political parties’ lists of
candidates on the basis of the total number of general seats secured by each
political party in the Provincial Assembly:---
Provided that for the purpose of
this sub-clause, the total number of general seats won by a political party
shall include the independent returned candidate or candidates who may duly
join such political party within three days of the publication in the official
Gazette of the names of the returned candidates.]
107. Duration of Provincial
Assembly. A Provincial 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.
108. Speaker and Deputy Speaker. After a general election, a
Provincial 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.
109. Summoning and prorogation
of Provincial Assembly. The Governor may from time to time,---
(a) summon the Provincial Assembly to meet at such time and place as
he thinks fit; and
(b) prorogue the Provincial Assembly.
110.
Right of Governor to address Provincial Assembly. The Governor may address the
Provincial Assembly and may for that purpose require the attendance of the
members.
111. Right to speak in
Provincial Assembly. The Advocate-General 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
Article be entitled to vote.
1[112. Dissolution of Provincial Assembly (1) The Governor shall dissolve
the Provincial Assembly if so advised by the Chief Minister; and the Provincial
Assembly shall, unless sooner dissolved, stand dissolved at the expiration of
forty-eight hours after the Chief Minister has so advised.
Explanation.– Reference in this Article to
'Chief Minister' shall not be construed to include reference to a Chief
Minister against whom a notice of a resolution for a vote of no-confidence has
been given in the Provincial Assembly but has not been voted upon or against
whom a resolution for a vote of no-confidence has been passed.
(2) The Governor may also
dissolve the Provincial Assembly in his discretion, but subject to the previous
approval of the President, where a vote of no-confidence having been passed
against the Chief Minister, no other member of the Provincial Assembly commands
the confidence of the majority of the members of the Provincial Assembly in
accordance with the provisions of the Constitution, as ascertained in a session
of the Provincial Assembly summoned for the purpose.].
2[113. Qualifications and disqualifications for membership of
Provincial Assembly. The qualifications and disqualifications for membership of the
National Assembly set out in Articles 62 and 63 shall also apply for membership
of a Provincial Assembly as if reference therein to “National Assembly” were a
reference to “Provincial Assembly”.].
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 37, for “Article 112”.
2Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Art. 113”.
114. Restriction on
discussion in Provincial Assembly. No discussion shall take place
in a Provincial Assembly with respect to the conduct of any Judge of the
Supreme Court or of a High Court in the discharge of his duties.
115. Provincial
Government’s consent required for financial measures.__ (1) A Money Bill, or a Bill
or amendment which if enacted and brought into operation would involve
expenditure from the Provincial Consolidated Fund or withdrawal from the Public
Account of the Province shall not be introduced or moved in the Provincial
Assembly except by or with the consent of the Provincial Government.
(2) For the purposes of this
Article, 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
Provincial Government or the amendment of the law relating to the financial
obligations of that Government;
(c) the custody of the Provincial Consolidated Fund, the payment of
moneys into, or issue of moneys from, that fund;
(d) the imposition of a charge upon the Provincial Consolidated
Fund, or the abolition or alteration of any such charge;
(e) the receipt of moneys on account of the Public Account of the
Province, the custody or issue of such moneys; and
(f) 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
Provincial Assembly thereon shall be final.
(5) Every Money Bill presented
to the Governor for assent shall bear a certificate under the hand of the
Speaker of the Provincial Assembly that it is a Money Bill and such certificate
shall be conclusive for all purposes and shall not be called in question.
1[116. Governor’s assent to Bills.__ (1) When a Bill has been passed
by the Provincial Assembly, it shall be presented to the Governor for assent.
(2) When a Bill is presented to
the Governor for assent, the Governor shall, within 2[ten] days,---
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to
the Provincial Assembly with a message requesting that the Bill, or any
specified provision thereof, be reconsidered and that any amendment specified
in the message be considered.
3[(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 4[give his assent within ten
days, failing which such assent shall be deemed to have been given].
(4) When the Governor has
assented 5[or is deemed to have assented]
to a Bill, it shall become law and be called an Act of Provincial Assembly.
1Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Art. 116”
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “thirty”.
3Subs. by the Constitution
(Eighth Amdt.) Act, 1985 (18 of 1985), s. 15, for “clause (3)”.
4Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “not withhold his assent
thereform”.
5Ins. ibid.
(5) No Act of a Provincial
Assembly, 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.].
117. Bill not to lapse on
prorogation, etc.__ (1) A Bill pending in a
Provincial Assembly shall not lapse by reason of the prorogation of the
Assembly.
(2) A Bill pending in a
Provincial Assembly shall lapse on the dissolution of the Assembly.
Financial Procedure
118. Provincial Consolidated
Fund and Public Account.__ (1) All revenues received
by the Provincial 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 Provincial Consolidated Fund.
(2) All other moneys,---
(a) received by or on behalf of the Provincial Government; or
(b) received by or deposited with the High Court or any other court
established under the authority of the Province;
shall be credited to the Public Account of the Province.
119. Custody, etc., of
Provincial Consolidated Fund and Public Account. The custody of the Provincial
Consolidated Fund, the payment of moneys into that Fund, the withdrawal of
moneys therefrom, the custody of other moneys received by or on behalf of the
Provincial Government, their payment into, and withdrawal from, the Public
Account of the Province, and all matters connected with or ancillary to the
matters aforesaid, shall be regulated by Act of the Provincial Assembly or,
until provision in that behalf is so made, by rules made by the Governor.
120. Annual Budget
Statement.__ (1) The Provincial
Government shall, in respect of every financial year, cause to be laid before
the Provincial Assembly statement of the estimated receipts
and expenditure of the Provincial Government for that year, in this Chapter
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 Provincial Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be made
from the Provincial Consolidated Fund;
and shall distinguish
expenditure on revenue account from other expenditure.
121. Expenditure charged upon
Provincial Consolidated Fund. The following expenditure shall be expenditure charged upon the
Provincial Consolidated Fund:---
(a) the remuneration payable to the Governor and other expenditure
relating to his office, and the remuneration payable to,---
(i) the Judges of the High Court; and
(ii) the Speaker and Deputy Speaker of the Provincial Assembly;
(b) the administrative expenses, including the remuneration payable to
officers and servants, of the High Court and the Secretariat of the Provincial
Assembly;
(c) all debt charges for which the Provincial 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 Provincial Consolidated
Fund;
(d) any sums required to satisfy any judgement, decree or award
against the Province by any court or tribunal; and
(e) any other sums declared by the Constitution or by Act of the
Provincial Assembly to be so charged.
122.
Procedure relating to Annual Budget Statement.__ (1) So much of the Annual Budget
Statement as relates to expenditure charged upon the Provincial Consolidated
Fund may be discussed in, but shall not be submitted to the vote of the
Provincial Assembly.
(2) So much of the Annual Budget
Statement as relates to other expenditure shall be submitted to the Provincial
Assembly in the form of demands for grants, and that 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:
1* * * * * * * *
(3) No demand for a grant shall
be made except on the recommendation of the Provincial Government.
123. Authentication of schedule
of authorized expenditure.__ (1) The Chief Minister shall
authenticate by his signature a schedule specifying,---
(a) the grants made or deemed to have been made by the Provincial
Assembly under Article 122, and
(b) the several sums required to meet the expenditure charged upon the
Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum
shown in the statement previously laid before the Assembly.
(2) The schedule so
authenticated shall be laid before the Provincial Assembly, but shall not be
open to discussion or vote thereon.
(3) Subject to the Constitution,
no expenditure from the Provincial Consolidated Fund shall be deemed to be duly
authorized unless it is specified in the schedule so authenticated and such schedule
is laid before the Provincial Assembly as required by clause (2).
124. Supplementary and excess
grant 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
1Proviso omitted by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.39.
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 Provincial Government shall
have power to authorize expenditure from the Provincial Consolidated Fund,
whether the expenditure is charged by the Constitution upon that Fund
or not, and shall cause to be laid before the Provincial 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 120 to 123 shall apply to those statements as they apply to the
Annual Budget Statement.
125. Votes on account. Notwithstanding anything
contained in the foregoing provisions relating to financial matters, the
Provincial 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 three months, pending
completion of the procedure prescribed in Article 122 for the voting of such
grant and the authentication of the schedule of expenditure in accordance
with the provisions of Article 123 in relation to the expenditure.
126.
Power to authorize expenditure when Assembly stands, dissolved. Notwithstanding anything
contained in the foregoing provisions relating to financial matters, at any
time when the Provincial Assembly stands dissolved, the Provincial Government
may authorize expenditure from the Provincial 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 122
for the voting of grants and the authentication of the schedule of
authorized expenditure, in accordance with the provisions of Article 123 in
relation to the expenditure.
127. Provisions relating to
National Assembly, etc., to apply to Provincial Assembly, etc. Subject to the Constitution, the
provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article
54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and
Article 88 shall apply to and in relation to a Provincial
Assembly or a committee or members thereof or the Provincial Government, but so
that,---
(a) any reference in those provisions to 1[Majlis-e-Shoora (Parliament)], a
House or the National Assembly shall be read as a reference to the Provincial
Assembly;
(b) any reference in those provisions to the President shall be read
as a reference to the Governor of the Province;
(c) any reference in those provisions to the Federal Government shall
be read as a reference to the Provincial Government;
(d) any reference in those provisions to the Prime Minister shall be
read as a reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall be
read as a reference to a Provincial Minister; 2*
(f) any reference in those provisions to the National Assembly of
Pakistan shall be read as a reference to the Provincial Assembly in existence
immediately before the commencing day 3[; and]
4[(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 5[one hundred] were substituted.]
Ordinances
128. Power of Governor to
promulgate Ordinances. (1) The Governor may, except when the Provincial 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 the
Provincial Assembly and shall be subject to like restrictions as the power of
the Provincial Assembly to make laws, but every such Ordinance,---
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2The word “and” omitted by the
Constitution (First Amdt.) Act. 1974 (33 of 1974), s.7 (w.e.f the 4th
May.1974).
3Subs. ibid., s. 7 for full
stop.
4Paragraph (g) added ibid.,
5Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 40, for ―seventy‖.
(a) shall be laid before the Provincial Assembly and shall stand repealed
at the expiration of1[ninety days] 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 2[:]
3[Provided that the Provincial
Assembly may by a resolution extend the Ordinance for a further period of
ninety days and it shall stand repealed at the expiration of the extended
period, or if before the expiration of that period a resolution disapproving it
is passed by the Assembly, upon the passing of that resolution:---
Provided further that extension
for a further period may be made only once.].
(b) may be withdrawn at any time by the Governor.
(3) Without prejudice to the
provisions of clause (2), an Ordinance laid before the Provincial Assembly
shall be deemed to be a Bill introduced in the Provincial Assembly.
CHAPTER 3. – THE PROVINCIAL
GOVERNMENTS
4[129. The Provincial Government.__ (1) Subject to the Constitution,
the executive authority of the Province shall be exercised in the name of the
Governor by the Provincial Government, consisting of the Chief Minister and
Provincial Ministers, which shall act through the Chief Minister.
(2) In the performance of his
functions under the Constitution, the Chief Minister may act either directly or
through the Provincial Ministers.].
5[130. The Cabinet.__ (1) There shall be a Cabinet of
Ministers, with the Chief Minister at its head, to aid and advise the Governor
in the exercise of his functions.
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 41, for “three months”.
2Subs. ibid., for “ and”.
3Provisos Ins. ibid.
4Subs. ibid., s. 42, for
“Article 129”.
5Subs. ibid., s. 43, for
“Article 130”.
(2) The Provincial Assembly
shall meet on the twenty-first day following the day on which a general
election to the Assembly is held, unless sooner summoned by the Governor.
(3) After the election of the
Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion
of any other business, proceed to elect without debate one of its members to be
the Chief Minister.
(4) The Chief Minister shall be
elected by the votes of the majority of the total membership of the Provincial
Assembly:---
Provided that, if no member
secures such majority in the first poll, a second poll shall be held between
the members who secures the two highest numbers of votes in the first poll and
the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Chief Minister:
Provided further that, if the
number of votes secured by two or more members securing the highest number of
votes is equal, further polls shall be held between them until one of them
secures a majority of votes of the members present and voting.
(5) The member elected under
clause (4) shall be called upon by the Governor to assume the office of Chief
Minister and he shall, before entering upon the office, make before the
Governor oath in the form set out in the Third Schedule:---
Provided that there shall be no
restriction on the number of terms for the office of the Chief Minister.
(6) The Cabinet shall be
collectively responsible to the Provincial Assembly and the total strength of
the Cabinet shall not exceed fifteen members or eleven percent of the total
membership of a Provincial Assembly, whichever is higher:---
Provided that the aforesaid
limit shall be effective from the next general elections after the commencement
of the Constitution (Eighteenth Amendment) Act, 2010.
(7) 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.
(8) The
Chief Minister may, by writing under his hand addressed to the Governor, resign
his office.
(9) A Minister who for any
period of six consecutive months is not a member of the Provincial Assembly
shall, at the expiration of that period, cease to be a Minister and shall not
before the dissolution of that Assembly be again appointed a Minister unless he
is elected a member of that Assembly.
(10) Nothing contained in this
Article shall be construed as disqualifying the Chief Minister or any other
Minister for continuing in office during any period during which the Provincial
Assembly stands dissolved, or as preventing the appointment of any person as
Chief Minister or other Minister during any such period.
(11) The Chief Minister shall
not appoint more than five Advisors.]
1[131. Governor to be kept informed. The Chief Minister shall keep
the Governor informed on matters relating to Provincial administration and on
all legislative proposals the Provincial Government intends to bring before the
Provincial Assembly.]
2[132. Provincial Ministers.__(1) Subject to clauses 3[(9) and (10)] of Article 130,
the Governor shall appoint Provincial Ministers from amongst members of the
Provincial Assembly on the advice of the Chief Minister.
(2) Before entering upon office,
a Provincial Minister shall make before the Governor oath in the form set out
in the Third Schedule.
(3) A Provincial Minister may,
by writing under his hand addressed to the Governor, resign his office or may
be removed from office by the Governor on the advice of the Chief Minister.
133. Chief Minister continuing
in office. The Governor may ask the Chief Minister to continue to hold office
until his successor enters upon the office of Chief Minister.]
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 44, for ―Article 131.
2Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Articles 132 and 133”.
3Subs. by the Act, No. 10 of
2010, s. 45, for ―(7) and (8).
134. [Resignation by Chief Minister] Omitted by P.O. No. 14 of 1985,
Art. 2 and Sch.
135. [Provincial Minister performing
functions of Chief Minister.] Omitted by P.O. No. 14 of 1985, Art. 2 and Sch.
1 [136. Vote of no-confidence against Chief Minister.__(1) A
resolution for a vote of no-confidence moved by not less than twenty per centum
of the total membership of the Provincial Assembly may be passed against the
Chief Minister by the Provincial Assembly.
(2) A resolution referred to in
clause (1) shall not be voted upon before the expiration of three days, or
later than seven days, from the day on which such resolution is moved in the
Provincial Assembly.
(3) If the resolution referred
to in clause (l) is passed by a majority of the total membership of the
Provincial Assembly, the Chief Minister shall cease to hold office.]
137. Extent of executive
authority of Province. Subject to the Constitution, the executive authority of the
Province shall extend to the matters with respect to which the Provincial
Assembly has power to make laws:---
Provided that, in any matter
with respect to which both 2[Majlis-e- Shoora (Parliament)]
and the Provincial Assembly of a Province have power to make laws, the
executive authority of the Province shall be subject to, and limited by, the
executive authority expressly conferred by the Constitution or by law made by 2[Majlis-e-Shoora (Parliament)]
upon the Federal Government or authorities thereof.
138. Conferring of functions on
subordinate authorities. On the recommendation of the Provincial Government, the Provincial
Assembly may by law confer functions upon officers or authorities subordinate
to the Provincial Government.
3[139. Conduct of business of Provincial Government.__ (1) All executive actions of the
Provincial Government shall be expressed to be taken in the name of the
Governor.
1Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch.. for “Art. 136”.
2Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
3Subs. by P O. No. 14 of 1985,
Art. 2 and Sch., for “Article 139”.
(2) The 1[Provincial Government] shall by
rules specify the manner in which orders and other instruments made and
executed 2[in the name of Governor] shall
be authenticated, and the validity of any order or instrument so authenticated
shall not be questioned in any court on the ground that it was not made or
executed by the Governor.
3[(3) The Provincial Government
shall also make rules for the allocation and transaction of its business.]]
140. Advocate General for a
Province.__(1) The Governor of each
Province shall appoint a person, being a person qualified to be appointed a
Judge of the High Court, to be the Advocate General for the Province.
(2) It shall be the duty of the
Advocate-General to give advice to the Provincial Government upon such legal
matters, and to perform such other duties of a legal character, as may be
referred or assigned to him by the Provincial Government.
(3) The Advocate-General shall
hold office during the pleasure of the Governor 4[and shall not engage in private
practice so long as he holds the office of the Advocate-General].
(4) The Advocate-General may, by
writing under his hand addressed to the Governor, resign his office.
5* * * * * * * *
6[140A. Local Government.__(1)
Each Province shall, by law, establish a local government system and devolve
political, administrative and financial responsibility and authority to the
elected representatives of the local governments.
(2) Elections to the local
governments shall be held by the Election Commission of Pakistan.]
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 46, for ―Governor‖.
2Subs. ibid., for ―in his
name‖.
3Subs. ibid., for ―clause
(3)‖
4Added ibid., s. 47.
5Existing Article 140A stands
omitted as a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see
section 2.
6New Article 140A ins. ibid.,
s. 48.
PART V
RELATIONS BETWEEN FEDERATION AND
PROVINCES
CHAPTER 1. – DISTRIBUTION OF
LEGISLATIVE POWERS
141. Extent of Federal and
Provincial laws. Subject to the Constitution, 1[Majlis-e-Shoora (Parliament)] may
make laws (including laws having extra-territorial operation) for the whole or
any part of
142. Subject-matter of Federal
and Provincial laws. Subject to the Constitution,---
(a) 1[Majlis-e-Shoora (Parliament)]
shall have exclusive power to make laws with respect to any matter in the
Federal Legislative List;
2[(b) Majlis-e-Shoora (Parliament) and
a Provincial Assembly shall have power to make laws with respect to criminal
law, criminal procedure and evidence;]
3[(c) Subject to paragraph (b), a
Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have
power to make laws with respect to any matter not enumerated in the Federal
Legislative List;]
4[(d) Majlis-e-Shoora (Parliament)
shall have exclusive power to make laws with respect to all matters pertaining
to such areas in the Federation as are not included in any Province].
5[143. Inconsistency between Federal and Provincial law. If any provision of an Act of a
Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora
(Parliament) which Majlis-e- Shoora (Parliament) is competent to enact, then
the Act of Majlis-e- Shoora (Parliament), whether passed before or after the
Act of the Provincial Assembly, shall prevail and the Act of the Provincial
Assembly shall, to the extent of the repugnancy, be void.]
1Error identified by LOPC to be
discussed by the panel.
2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 49, for ―Paragraph (b)‖.
3Subs. ibid; for
―Paragraph (c)‖.
4Subs. ibid; for
―Paragraph (d)‖.
5Subs. ibid; s. 50 for
―Article 143‖.
144. Power of 1[Majlis-e-Shoora (Parliament)]
to legislate for2[One] or more Provinces by
consent (1) If2[one] or more
Provincial Assemblies pass resolutions to the effect that 1[Majlis-e-Shoora (Parliament)]
may by law regulate any matter not enumerated in 3[the Federal Legislation Li st]
in the Fourth Schedule, it shall be lawful for1[Majlis-e-Shoora
(Parliament)] to pass an Act for regulating that matter accordingly, but any
act so passed may, as respects any Province to which it applies, be amended or
repealed by Act of the Assembly of that Province.
4* * * * * * * * *
CHAPTER 2.
ADMINISTRATIVE RELATIONS BETWEEN
FEDERATION AND PROVINCES.
145. Power of President to
direct Governor to discharge certain functions as his Agent.__(1) The President may direct the
Governor of any Province to discharge as his Agent, either generally or in any
particular matter, such functions relating to such areas in the Federation
which are not included in any Province as may be specified in the direction.
(2) The provisions of Article
105 shall not apply to the discharge by the Governor of his functions under
clause (1).
146. Power of Federation to
confer powers, etc., on Provinces, in certain cases.__ (1) Notwithstanding anything
contained in the Constitution, the Federal Government may, with the consent of
the Government of a Province, entrust either conditionally or unconditionally
to that Government, or to its officers, functions in relation to any matter to
which the executive authority of the Federation extends.
(2) An Act of 1[Majlis-e-Shoora (Parliament)]
may, notwith- standing that it relates to a matter with respect to which a
Provincial Assembly has no power to make laws, confer powers and impose duties
upon a Province or officers and authorities thereof.
1Error identified by LOPC to be
discussed by the panel.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 51, for ―Two‖.
3Subs. by Act No. 10 of 2010,
s.51. for ―either list‖.
4Clause (2) omitted by the
Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s.17.
(3) Where by virtue of this
Article powers and duties have been conferred or imposed upon a Province or
officers or authorities thereof, there shall be paid by the Federation to the
Province such sum as may be agreed or, in default of agreement, as may be
determined by an arbitrator appointed by the Chief Justice of Pakistan, in
respect of any extra costs of administration incurred by the Province in
connection with the exercise of those powers or the discharge of those duties.
147. Power of the Provinces to
entrust functions to the Federation. Notwithstanding anything
contained in the Constitution, the Government of a Province may, with the
consent of the Federal Government, entrust, either conditionally or
unconditionally, to the Federal Government, or to its officers, functions in
relation to any matter to which the executive authority of the Province extends 1[:]---
2[Provided that the Provincial
Government shall get the functions so entrusted ratified by the Provincial
Assembly within sixty days.].
148. Obligation of Provinces and
Federation.__(1) The executive authority of
every Province shall be so exercised as to secure compliance with Federal laws
which apply in that Province.
(2) Without prejudice to any
other provision of this Chapter, in the exercise of the executive authority of
the Federation in any Province regard shall be had to the interests of that
Province.
(3) It shall be the duty of the
Federation to protect every Province against external aggression and internal
disturbances and to ensure that the Government of every Province is carried on
in accordance with the provisions of the Constitution.
149. Directions to Provinces in
certain cases.__ (1) The executive authority of
every Province shall be so exercised as not to impede or prejudice the exercise
of the executive authority of the Federation, and the executive authority of
the Federation shall extend to the giving of such directions to a Province as
may appear to the Federal Government to be necessary for that purpose.
3* * * * * * * *
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 52, for the full-stop.
2Proviso added, ibid.
3Clause (2) omitted ibid., s.
53.
(3) The executive authority of
the Federation shall also extend to the giving directions to a Province as to
the construction and maintenance of means of communication declared in the
direction to be of national or strategic importance.
(4) The executive authority of
the Federation shall also extend to the giving of directions to a Province as
to the manner in which the executive authority thereof is to be exercised for
the purpose of preventing any grave menace to the peace or tranquillity or
economic life of
150 Full faith and credit for
public acts, etc. Full faith and credit shall be given throughout
151. Inter-Provincial trade.__ (1) Subject to clause (2),
trade, commerce and intercourse throughout
(2) 1[Majlis-e-Shoora (Parliament)]
may by law impose such restrictions on the freedom of trade, commerce or
inter-course between one Province and another or within any part of Pakistan as
may be required in the public interest.
(3) A Provincial Assembly or a
Provincial Government shall not have power to,---
(a) make any law, or take any executive action, prohibiting or
restricting the entry into, or the export from, the Province of goods of any
class or description, or
(b) impose a tax which, as between goods manufactured or produced in
the Province and similar goods not so manufactured or produced, discriminates
in favour of the former goods or which, in the case of goods manufactured or
produced outside the Province discriminates between goods manufactured or
produced in any area in Pakistan and similar goods manufactured or produced in
any other area in Pakistan.
(4) An Act of a Provincial
Assembly which imposes any reasonable restriction in the interest of public
health, public order or
1Error identified by LOPC to be
discussed by the panel.
morality, or for the purpose of
protecting animals or plants from disease or preventing or alleviating any
serious shortage in the Province of any essential commodity shall not, if it
was made with the consent of the President, be invalid.
152. Acquisition of land for
Federal purposes. The Federation may, if it deems necessary to acquire any land
situate in a Province for any purpose connected with a matter with respect to
which 1[Majlis-e-Shoora (Parliament)]
has power to make laws, require the Province to acquire the land on behalf, and
at the expense, of the Federation or, if the land belongs to the Province, to
transfer it to the Federation on such terms as may be agreed or, in default of
agreement, as may be determined by an arbitrator appointed by the Chief Justice
of Pakistan.
CHAPTER 3.
SPECIAL PROVISIONS
152A. [National Security Council.] Omitted by the Constitution
(Seventeenth Amdt.) Act 2003 (3 of 2003), s. 5, which was previously ins. by
C.E's. O. No. 24 of 2002, Art. 3 and Sch., as amended by various enactments.
153 Council of Common Interests
.(1)There
shall be a Council of Common Interests, in his Chapter refer ed to as the
Council, to be appointed by the President.
2[(2) The Council shall consist
of,---
(a) the Prime Minister who shall be the Chairman of theCouncil;
(b) the Chief Ministers of the Provinces; and
(c) three members from the Federal Government to be nominated by the
Prime Minister from time to time.];
3* * * * * * * * *
(4) The Council shall be
responsible to 1[Majlis-e-Shoora (Parliament) 4[and shall submit an Annual
Report to both Houses of Majlis-e-Shoora (Parliament).]]
1Error identified by LOPC to be
discussed by the panel.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 54, for ―clause (2)‖.
3Clause (3) omitted ibid.
4Added by Act, No. 10 of 2010,
s. 54.
154. Functions and rules of
procedure. 1[(1) The Council shall formulate
and regulate policies in relation to matters in Part II of the Federal
Legislative List and shall exercise supervision and control over related
institutions.]
2[(2) The Council shall be
constituted within thirty days of the Prime Minister taking oath of office.
(3) The Council shall have a
permanent Secretariat and shall meet at least once in ninety days:---
Provided that the Prime Minister
may convene a meeting on the request of a Province on an urgent matter.]
3[(4)] The decisions of the
Council shall be expressed in terms of the opinion of the majority.
3[(5)] Until 4[Majlis-e-Shoora
(Parliament)] makes provision by law in this behalf, the Council may make its
rules of procedure.
3[(6)] 4[Majlis-e-Shoora (Parliament)]
in joint sitting may from time to time by resolution issue directions through
the Federal Government to the Council generally or in a particular matter to
take action as 4[Majlis-e-Shoora (Parliament)]
may deem just and proper and such directions shall be binding on the Council.
3[(7)] If the Federal Government
or a Provincial Government is dissatisfied with a decision of the Council, it
may refer the matter to
4[Majlis-e-Shoora (Parliament)]
in a joint sitting whose decision in this behalf shall be final.
155. Complaints as to
interference with water supplies.__ (1) If the interests of a
Province, the Federal Capital *****[13] or any of the inhabitants
thereof, in water from any natural source of supply 5[or reservoir] have
been or are likely to be affected prejudicially by,---
(a) any executive act or legislation taken or passed or proposed to be
taken or passed, or
1Subs. ibid. s. 55, for
―clause (1)‖. (18th Amdt.)?
2New clauses (2) and (3) ins.
by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 55.
3Clauses (2), (3), (4) and (5)
renumbered ibid.
4Error identified by LOPC to be
discussed by the panel.
5Ins. by Act. No. 10 of 2010,
s. 56.
(b) the failure of any authority to exercise any of its powers with
respect to the use and distribution or control of water from that source,
the Federal Government or the
Provincial Government concerned may make a complaint in writing to the Council.
(2) Upon receiving such
complaint, the Council shall, after having considered the matter, either give
its decision or request the President to appoint a commission consisting of
such persons having special knowledge and experience in irrigation,
engineering, administration, finance or law as he may think fit, hereinafter
referred to as the Commission.
(3) Until 1[Majlis-e-Shoora (Parliament)]
makes provision by law in this behalf, the provisions of the Pakistan
Commissions of Inquiry Act, 1956, as in force immediately before the commencing
day shall apply to the Council or the Commission as if the Council or the
Commission were a Commission appointed under that Act to which all the
provisions of section 5 thereof applied and upon which the power contemplated
by section 10A thereof had been conferred.
(4) After considering the report
and supplementary report, if any, of the Commission, the Council shall record
its decision on all matters referred to the Commission.
(5) Notwithstanding any law to
the contrary, but subject to the provisions of clause (5) of Article 154, it
shall be the duty of the Federal Government and the Provincial Government
concerned in the matter in issue to give effect to the decision of the Council
faithfully according to its terms and tenor.
(6) No proceeding shall lie
before any court at the instance of any party to a matter which is or has been
in issue before the Council, or of any person whatsoever, in respect of a
matter which is actually or has been or might or ought to have been a proper
subject of complaint to the Council under this Article.
2[156. National Economic Council.__(1)
The President shall constitute a National Economic Council which shall consist
of,---
1Error identified by LOPC to be
discussed by the panel.
2Subs. by the Constitution (Eighteenth
Amdt.) Act, 2010 (10 of 2010), s.57, for ―Article 156.
(a) the Prime Minister, who shall be the Chairman of the Council;
(b) the Chief Ministers and one member from each Province to be
nominated by the Chief Minister; and
(c) four other members as the Prime Minister may nominate from time to
time.
(2) The National Economic
Council shall review the overall economic condition of the country and shall,
for advising the Federal Government and the Provincial Governments, formulate
plans in respect of financial, commercial, social and economic policies; and in
formulating such plans, it shall, amongst other factors, ensure balanced
development and regional equity and shall also be guided by the Principles of
Policy set-out in Chapter 2 of Part II.
(3) The meetings of the Council
shall be summoned by the Chairman or on a requisition made by one-half of the
members of the Council.
(4) The Council shall meet at
least twice in a year and the quorum for a meeting of the Council shall be
one-half of its total membership.
(5) The Council shall be
responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual
Report to each House of Majlis- e-Shoora (Parliament)].
157. Electricity.__(1) The Federal Government may
in any Province construct or cause to be constructed hydro-electric or thermal
power installations or grid stations for the generation of electricity and lay
or cause to be laid inter-Provincial transmission lines 1[:]---
2[Provided that the Federal
Government, prior to taking a decision to construct or cause to be constructed,
hydro-electric power stations in any Province, shall consult the Provincial
Government concerned.];
(2) The Government of a Province
may,---
(a) to the extent electricity is supplied to that Province from the
national grid, require supply to be made in bulk for transmission and
distribution within the Province;
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.58, for the full stop.
2Proviso Ins. ibid.
(b) levy tax on consumption of electricity within the Province;
(c) construct power houses and grid stations and lay transmission
lines for use within the Province; and
(d) determine the tariff for distribution of electricity within the Province.
1[(3) In case of any dispute
between the Federal Government and a Provincial Government in respect of any
matter under this Article, any of the said Governments may move the Council of
Common Interests for resolution of the dispute.].
158. Priority of requirements of
natural gas. The Province in which a well-head of natural gas is situated shall
have precedence over other parts of
159. Broadcasting and
telecasting.__(1) The Federal Government shall
not unreasonably refuse to entrust to a Provincial Government such functions
with respect to broadcasting and telecasting as may be necessary to enable that
Government,---
(a) to construct and use transmitters in the Province; and
(b) to regulate, and impose fees in respect of, the construction and
use of transmitters and the use of receiving apparatus in the Province:---
Provided that nothing in this
clause shall be construed as requiring the Federal Government to entrust to any
Provincial Government any control over the use of transmitters constructed or
maintained by the Federal Government or by persons authorised by the Federal
Government, or over the use of receiving apparatus by person so authorised.
(2) Any functions so entrusted
to a Provincial Government shall be exercised subject to such conditions as may
be imposed by the Federal Government, including, notwithstanding anything
contained in the Constitution, any conditions with respect to finance, but it
shall not be lawful for the Federal Government so to impose any conditions
regulating the matter broadcast or telecast by, or by authority of, the
Provincial Government.
(3) Any Federal law with respect
to broadcasting and tele- casting shall be such as to secure that effect can be
given to the foregoing provisions of this Article.
1New clause (3) added ibid.
(18th Amdt.)?
(4) If any question arises
whether any conditions imposed on any Provincial Government are lawfully
imposed, or whether any refusal by the Federal Government to entrust functions
is unreasonable, the question shall be determined by an arbitrator appointed by
the Chief Justice of Pakistan.
(5) Nothing in this Article
shall be construed as restricting the powers of the Federal Government under
the Constitution for the prevention of any grave menace to the peace or
tranquillity of
PART VI
FINANCE, PROPERTY, CONTRACTS AND
SUITS
CHAPTER 1. – FINANCE
Distribution of Revenues between the Federation and the Provinces
160. National Finance
Commission.__ (1) Within six months of the
commencing day and thereafter at intervals not exceeding five years, the
President shall 1constitute 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 referred to in
paragraph (a) of clause (2) are the following taxes raised under the authority
of2[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;
3[(ii) taxes on the sales and purchases
of goods imported, exported, produced, manufactured or consumed;]
1For the notification constituting
the National Finance Commission, see Gaz. of Pak. 1974, Ext., Part II. pp.
191-192.
2Error identified by LOPC to be
discussed by the panel.
3Subs. by the Constitution
(Fifth Arndt.) Act, 1976 (62 of 1976), s. 3, for the “original paragraph (ii)”,
(w.e.f. the 13th September, 1976).
(iii) export duties on cotton, and such other export duties as may be
specified by the President;
(iv) such duties of excise as may be specified by the President; and
(v) such other taxes as may be specified by the President.
1[(3A) The share of the
Provinces, in each Award of National Finance Commission shall not be less than
the share given to the Provinces in the pervious Award.
(3B) The Federal Finance Minister
and Provincial Finance Ministers shall monitor the implementation of the Award
biannually and lay their reports before both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies.]
(4) As soon as may be after
receiving the recommendations of the National Finance Commission, the President
shall, by 2Order, 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.
1New Clauses (3A), (3B) Ins. by
the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 59.
2For such Order, see the
Distribution of Revenues and Grants-in-Aid Order, 1975 (P. O. No. 2 of 1975).
161. Natural gas and
hydro-electric power. __ 1[(1) Notwithstanding the
provisions of Article 78.
(a) 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.
(b) the net proceeds of the Federal duty of excise on oil levied at
well-head and 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 oil 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. Prior sanction of President
required to Bills affecting taxation in which Provinces are interested 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 purposes of the enactments relating to
income-tax, as defined for the purposes 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.
1Subs. by the Act 10 of 2010,
s. 60 for ―clause (1).
163. Provincial taxes in respect
of professions, etc. A Provincial Assembly may by Act impose taxes, not exceeding such
limits as may from time to time be fixed by Act of 1[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. Grants out of Consolidated
Fund. The Federation or a Province may make grants for any purpose,
notwithstanding that the purpose is not one with respect to which 1[Majlis-e-Shoora
(Parliament)] or, as the case may be, a Provincial Assembly may make laws.
165. Exemption of certain public
property from taxation. __ (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 1[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 1[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.
2 [165A. Power of Majlis-e-Shoora
(Parliament) to impose tax on the income of certain corporations, etc.__(1) For the removal of doubt, it
is hereby declared that 1[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.
1Error identified by LOPC to be
discussed by the panel.
2Added by the Constitution (Arndt.)
Order. 1985 (P. O. No. 11 of 1985), Art. 2.
(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 judgement 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 2. – BORROWING AND AUDIT
166. Borrowing by Federal
Government.The
executive authority of the Federation extends to borrowing upon the security of
the Federal Consolidated Fund within such limits, if any, as may from time to
time be fixed by Act of1[Majlis-e-Shoora
(Parliament)], and to the giving of guarantees within such limits, if any, as
may be so fixed.
167. Borrowing by Provincial
Government.__ (1) Subject to the provisions of
this Article, the executive authority of a Province extends to borrowing upon
the security of the Provincial Consolidated Fund within such limits, if any, as
may from time to time be fixed by Act of the Provincial Assembly, and to the
giving of guarantees within such limits, if any, as may be so fixed.
(2) The Federal Government may,
subject to such conditions, if any, as it may think fit to impose, make loans
to, or, so long as any limits
1Error identified by LOPC to be
discussed by the panel.
fixed under Article 166 are not
exceeded, give guarantees in respect of loans raised by, any Province, and any
sums required for the purpose of making loans to a Province shall be charged
upon the Federal Consolidated Fund.
(3) A Province may not, without
the consent of the Federal Government, raise any loan if there is still
outstanding any part of a loan made to the Province by the Federal Government,
or in respect of which guarantee has been given by the Federal Government; and
consent under this clause may be granted subject to such conditions, if any, as
the Federal Government may think fit to impose.
1[(4) A Province may raise
domestic or international loan, or give guarantees on the security of the
Provincial Consolidated Fund within such limits and subject to such conditions
as may be specified by the National Economic Council.]
Audit and Accounts
168. Auditor-General of
(2) Before entering upon office,
the Auditor-General shall make before the Chief Justice of Pakistan oath in the
form set out in the Third Schedule.
2(3) The Auditor-General shall,
unless he sooner resigns or is removed from office in accordance with clause
(5), hold office for a term of four years from the date on which he assumes
such office or attains the age of sixty-five years, whichever is earlier.]
3[(3A) The other terms and
conditions of service of the Auditor- General shall be determined by Act of
Majlis-e-Shoora (Parliament); and, until so determined, by Order of the
President.]
(4) A person who has held office
as Auditor-General shall not be eligible for further appointment in the service
of
(5) The Auditor-General shall
not be removed from office except in the like manner and on the like grounds as
a Judge of the Supreme Court.
(6) At any time when the office
of the Auditor-General is
1New clause (4) Ins. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 61.
2Subs. ibid., s. 62, for
―clause (3)‖.
3New clause (3A) Ins. by the
Constitution (Eighteenth Amdt.), Act, 2010, (10 of 2010), s. 62.
vacant or the Auditor-General is
absent or is unable to perform the functions of his office due to any cause,1[the President may
appoint the most senior officer in the Office of the Auditor-General to] at as
Auditor- General and perform the functions of that office.
169. Functions and powers of
Auditor-General.The Auditor-General shall, in relation to,---
(a) the accounts of the Federation and of the Provinces; and
(b) the accounts of any authority or body established by the
Federation or a Province,
perform such functions and
exercise such powers as may be deter-mined by or under Act of 2[Majlis-e-Shoora (Parliament)]
and, until so determined, by 3Order of the President.
170. Power of Auditor-General to
give directions as to accounts.__ 4[(1)] The accounts of the
Federation and of the Provinces shall be kept in such form and in accordance
with such principles and methods as the Auditor-General may, with the approval
of the President, prescribe.
4[(2) The audit of the accounts
of the Federal and of the Provincial Governments and the accounts of any
authority or body established by, or under the control of, the Federal or a
Provincial Government shall be conducted by the Auditor-General, who shall
determine the extent and nature of such audit.]
171. Reports of Auditor-General. The reports of the
Auditor-General relating to the accounts of the Federation shall be submitted
to the President, who shall cause them to be laid before the 5[both Houses of Majlis-e-Shoora
(Parliament)] and the reports of the Auditor-General relating to the accounts
of a Province shall be submitted to the Governor of the Province, who shall
cause them to be laid before the Provincial Assembly.
1Subs. ibid., for certain words.
2Error identified by LOPC to be
discussed by the panel.
3For such Order, see the
4Re-numbered (1) and new clause
(2) added by the Act 10 of 2010, s. 63.
5Subs. ibid., s. 64, for
―National Assembly‖.
CHAPTER 3. – PROPERTY,
CONTRACTS, LIABILITIES AND SUITS
172. Ownerless property.__(1) Any property which has no
rightful owner shall, if located in a Province, vest in the Government 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 ocean1[beyond] the
territorial waters of
2[(3) Subject to the existing
commitments and obligations, mineral oil and natural gas within the Province or
the territorial waters adjacent thereto shall vest jointly and equally in that
Province and the Federal Government.]
173. Power to acquire property
and to make contracts, etc.__ (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 Province 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. Suits and proceedings. The Federation may sue or be
sued by the name of
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.65, for ―within‖.
2Ins. ibid.
PART VII
THE JUDICATURE
CHAPTER 1. – THE COURTS
175. Establishment and jurisdiction
of courts.__ (1) There shall be a Supreme
Court of Pakistan, a High Court for each Province 1[and a High Court for the
2[Explanation. — The word High Court‖ wherever occurring in the Constitution shall include the High
Court for the
(2) No court shall have any
jurisdiction save as is or may be conferred on it by the Constitution or by or
under any law.
(3) The Judiciary shall be
separated progressively from the Executive within 3[fourteen] years from the
commencing day 4[:]---
Provided that the provisions of
this Article shall have no application to the trial of persons under any of the
Acts mentioned at serial No.6, 7, 8 and 9 of sub-part III of Part I of the
First Schedule, who claims, or is known, to belong to any terrorist group or
organization using the name of religion or a sect.
Explanation: In this proviso, the expression
'sect' means a sect of religion and does not include any religious or political
Party regulated under the Political Parties Order, 2002.
5[175A. Appointment of Judges to the Supreme Court, High Courts
and the
(2) For appointment of Judges of
the Supreme Court, the Commission shall consist of,---
1Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.66.
2Explanation added ibid.
3Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “five”.
4Sub , Ins by Act 1 of 2015 S.2
(w.e.f 7/1/2015 valid upto 2 years)
5New Article 175A ins. by Act
10 of 2010, s. 67.
|
(i) |
Chief
Justice of |
Chairman |
|
(ii) |
1[four] most senior Judges of the Supreme
Court; |
Members |
|
(iii) |
a
former Chief Justice or a former Judge nominated by the Chief Justice of
Pakistan, in consultation with the2[four] member
Judges, for a term of two years; |
Member |
|
(iv) |
Federal
Minister for Law and Justice; |
Member |
|
(v) |
Attorney-General
for |
Member |
|
(vi) |
Bar
Council for a term of two years |
Member |
(3) Notwithstanding anything
contained in clause (1) or clause (2), the President shall appoint the most
senior Judge of the Supreme Court as the Chief Justice of Pakistan.
(4) The Commission may make
rules regulating its procedure.
(5) For appointment of Judges of
a High Court, the Commission in clause (2) shall also include the following,
namely:—
|
(i) |
Chief
Justice of the High Court to which the appointment is being made; |
Member |
|
(ii) |
the most
senior Judge of that High Court; |
Member |
|
(iii) |
Provincial
Minister for Law; and |
Member |
|
2[(iv) |
an
advocate having not less than fifteen years practice in the High Court to be
nominated by the concerned Bar Council for a term of two years: |
Member |
1Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4 for “two”.
2Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4.
Provided that for appointment of
the Chief Justice of a High Court, the most senior Judge mentioned in paragraph
(ii) shall not be member of the Commission:---
Provided further that if for any
reason the Chief Justice of High Court is not available, he shall be
substituted by a former Chief Justice or former Judge of that Court, to be
nominated by the Chief Justice of Pakistan in consultation with the four member
Judges of the Commission mentioned in paragraph (ii) of clause (2).];
(6) For appointment of Judges of
the Islamabad High Court, the Commission in clause (2) shall also include the
following, namely:---
(i) Chief Justice of the
(ii) the most senior Judge of that High Court: Member
Provided that for initial
appointment of the 1[Chief Justice and the] Judges of the Islamabad High Court,
the Chief Justices of the four Provincial High Courts shall also be members of
the Commission:---
Provided further that subject to
the foregoing proviso, in case of appointment of Chief Justice of Islamabad
High Court, the provisos to clause (5) shall, mutatis mutandis, apply.
(7) For appointment of Judges of
the Federal Shariat Court, the Commission in clause (2) shall also include the
Chief Justice of the Federal Shariat Court and the most senior Judge of that
Court as its members:---
Provided that for appointment of
Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.
(8) The Commission by majority
of its total membership shall nominate to the Parliamentary Committee one
person, for each vacancy of a Judge in the Supreme Court, a High Court or the
(9) The Parliamentary Committee,
hereinafter in this Article referred to as the Committee, shall consist of the
following eight members, namely:---
(i) four members from the Senate; and
(ii) four members from the National Assembly:---
1[Provided that when the National
Assembly is dissolved, the total membership of the Parliamentary Committee
shall consist of the members from the Senate only mentioned in paragraph (i)
and the provisions of this Article shall,mutatis
mutandis, apply.]
1Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s.4.
(10) Out of the eight members of
the Committee, four shall be from the Treasury Benches, two from each House and
four from the Opposition Benches, two from each House. The nomination of
members from the Treasury Benches shall be made by the Leader of the House and
from the Opposition Benches by the Leader of the Opposition.
(11) Secretary, Senate shall act
as the Secretary of the Committee.
(12) The Committee on receipt of
a nomination from the Commission may confirm the nominee by majority of its
total membership within fourteen days, failing which the nomination shall be
deemed to have been confirmed:
1[Provided that the Committee,
for reasons to be recorded, may not confirm the nomination by three-fourth
majority of its total membership within the said period:]; and
2[Provided further that if a
nomination is not confirmed by the Committee it shall forward its decision with
reasons so recorded to the Commission through the Prime Minister:---
Provided further that if a
nomination is not confirmed, the Commission shall send another nomination.]
1[(13) The Committee shall send
the name of the nominee confirmed by it or deemed to have been confirmed to the
Prime Minister who shall forward the same to the President for appointment.]
(14) No action or decision taken
by the Commission or a Committee shall be invalid or called in question only on
the ground of the existence of a vacancy therein or of the absence of any
member from any meeting thereof.
2[(15) The meetings of the
Committee shall be held in camera and the record of its proceedings shall be
maintained.
(16) The provisions of Article
68 shall not apply to the proceedings of the Committee.]
2[(17)] The Committee may make
rules for regulating its procedure.”
CHAPTER 2. – THE SUPREME COURT
OF
176. Constitution of Supreme
Court. 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 3[Majlis-e-Shoora (Parliament)]
or, until so determined, as may be fixed by the President.
177. Appointment of Supreme
Court Judges.__ 4[(1) The Chief Justice of
Pakistan and each of the other Judges of the Supreme Court shall be appointed
by the President in accordance with Article 175A.].
1Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4.
2Inserted and re-numbered by
Act 1 of 2011 s. 4.
3Error identified by LOPC to be
discussed by the panel.
4Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.68, for ―clause (1)‖.
(2) A person shall not be
appointed a Judge of the Supreme Court unless he is a citizen of
(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
(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
178. Oath of Office. 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.
1[179. Retiring age. 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. Acting Chief Justice. 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 2[the most senior of the other
Judges of the Supreme Court] to act as Chief Justice of Pakistan.
181. Acting Judges.- (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,
1Article 179 subs. by the
Constitution (Seventeenth Arndt.) Act, 2003 (3 of 2003), s.6. which was
previously amended by various enactments (see also Article 267B).
2Subs. by P. O. No. 14 of 1985.
Art. 2 and Sch., for certain words.
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.
1[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 Appointment of ad-hoc Judges. 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 2[, in Consultation with the
Judicial Commission as provided in clause (2) of Article 175A,] 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. Seat of the Supreme Court.__ (1) The permanent seat of the
Supreme Court shall, subject to clause (3), be at
(2) The Supreme Court may from
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
1Explanation added by the
Constitution (Amdt.) Order, 1982 (P. O. No. 2 of 1982), Art. 2.
2Inserted by the Constitution
(Nineteenth Amendment) Act, 2011 (1 of 2011) s. 5.
3For appointment of
184. Original Jurisdiction of
Supreme Court.__(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 judgements 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 1 of Part II is involved, have the
power to make an order of the nature mentioned in the said Article.
185. Appellate jurisdiction of
Supreme Court.__ (1) Subject to this Article, the
Supreme Court shall have jurisdiction to hear and determine appeals from
judgements, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the
Supreme Court from any judgement, decree, final order or sentence of a High Court,---
(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 of1[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
1Error identified by LOPC to be
discussed by the panel.
(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 sub- stantial
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. Advisory Jurisdiction.__ (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.
1[186A. Power of Supreme Court to transfer cases. 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. Issue and execution of
processes of Supreme Court.__ (1) 2[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.
1New Art. 186A ins. by P. O. No
14 of 1985, Art. 2 and Sch.,
2Subs. by the Constitution
(Fifth Amdt.) Act, 1976 (62 of 1976), s. 7, for “The” (w.e.f. the 13th
September, 1976).
(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. Review of Judgments or Orders by
the Supreme Court. The Supreme Court shall have power, subject to the provisions of
any Act of 1[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. Decisions of Supreme Court
binding on other Courts. 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
190. Action in aid of Supreme Court. All executive and judicial
authorities throughout
191. Rules of Procedure. Subject to the Constitution and
law, the Supreme Court may make rules regulating the practice and procedure of
the Court.
192. Constitution of High Court.__ (1) A High Court shall consist
of a Chief Justice and so many other Judges as may be determined by law or,
until so determined, as may be fixed by the President.
2[(2) The Sindh and Balochistan
High Court shall cease to function as a common High Court for the Provinces of
Balochistan and Sindh.
(3) The President shall, by 3Order, establish a High Court
for each of the Provinces of Balochistan and Sindh and may make such provision
in the Order for 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 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.
(4) The jurisdiction of a High Court may, by
Act of 1[Majlis-e-Shoora (Parliament)], be extended
to any area in
1Error identified by LOPC to be
discussed by the panel.
2Subs. by the Constitution
(Fifth Amdt.) Act, 1976 (62 of 1976), s. 8, for the “original clauses (2) to
(4)”
3For such Order, in respect of
establishment of High Courts for Baluchistan and Sind, see the P O. No. 6 of
1976, dated the 29th November, 1976, see Gaz. of Pak. 1976, Ext., Pt. 1,
pp.595—599.
193. Appointment of High Court
Judges. ___1[(1) The Chief Justice and each
of other Judges of a High Court shall be appointed by the President in
accordance with Article 175A.]
(2) A person shall not be
appointed a Judge of a High Court unless he is a citizen of
(a) he has for a period of, or for periods aggregating, not less than
ten years been an advocate of a High Court (including a High Court which
existed in
(b) he is, and has for a period of not less than ten years been, a
member of a civil service prescribed by law for the purposes of this paragraph,
and has, for a period of not less than three years, served as or exercised the
functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial
office in
3[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.
(3) In this Article, “District
Judge” means Judge of a principal civil court of original jurisdiction.
194. Oath of Office. Before entering upon office, the
Chief Justice of a High Court shall make before the Governor, and any other
Judge of the Court shall make before the Chief Justice, oath in the form set
out in the Third Schedule 4[:]---
5[Provided that the Chief Justice
of the Islamabad High Court shall make oath before the President and other
Judges of that Court shall make oath before the Chief Justice of the Islamabad
High Court.]
6[195. Retiring Age. A judge of the High Court shall
hold office until he attains the age of sixty-two years, unless he sooner
resigns or is removed from office in accordance with the Constitution.
196. Acting Chief Justice. At any time when,---
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to
perform the functions of his office due to any other cause,
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.69, for ―clause (1).
2Subs. ibid. for ―forty
and shall be deemed always to have been so, subs. with effect from 21st day of
August,
2002.
3Explanation added by the
Constitution (First Arndt.) Act, 1974 (33 of 1974), s. 8, (w.e.f. the 4th May,
1974).
4Subs. by Act No. 10 of 2010,
s. 70, for the full-stop.
5New proviso added ibid.
6Article 195 subs. by the
Constitution (Seventeenth Amdt.) Act, 2003 (3 of 2003), s.7 which was
previously amended by various enactments (see also Article 267B).
(c) the President shall appoint 1[one of the other Judges of the
High Court, or may request one of the Judges of the Supreme Court, to act as
Chief Justice.
197. Additional Judges. At any time when,---
(a) the office of a Judge of a High Court is vacant; or
(b) a Judge of a High Court is absent or is unable to perform the
functions of his office due to any other cause; or
(c) for any reason it is necessary to increase the number of Judges of
a High Court, the President may, in the manner provided in clause (1) of
Article 193, appoint a person qualified for appointment as a Judge of the High
Court to be Additional Judge of the Court for such period as the President may
determine, being a period not exceeding such period, if any, as may be
prescribed by law.
198. Seat of the High Court. 2[(1)] Each High Court in
existence immediately before the commencing day shall continue to have its
principal seat at the place where it had such seat before that day.
3[(1A) The High Court for
Islamabad Capital Territory shall have its principal seat at Islamabad]
4[(2) Each High Court and the
Judges and divisional courts thereof shall sit at its principal seat and the
seats of its Benches and may hold, at any place within its territorial jurisdiction,
circuit courts consisting of such of the Judges as may be nominated by the
Chief Justice.
(3) The Lahore High Court shall
have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sindh
shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each
at Abbottabad 5[, Mingora] and Dera Ismail Khan
and the High Court of Balochistan shall have a Bench at Sibi 6[and Turbat].
(4) Each of the High Courts may
have Benches at such other places as the Governor may determine on the advice
of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred in clause
(3), or established under clause (4), shall consist of such of the Judges of
the High Court as may be nominated by the Chief Justice from time to time for a
period of not less than one year.
(6) The Governor in consultation
with the Chief Justice of the High Court shall make rules to provide the
following matters, that is to say,-
(a) assigning the area in relation to which each Bench shall exercise
jurisdiction vested in the High Court; and
1Subs. by P.O. No. 14 of 1985
Art. 2 and Sch., for certain words.
2Re-numbered (1) ibid.,
3New clause (1A) ins. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 71.
4Added by P. O. No. 14 of 1985,
Art. 2 and Sch.
5Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 71.
6Added ibid.
(b) for all incidental, supplemental or consequential matters.
199. Jurisdiction of High Court. (1) Subject to the
Constitution, a High Court may, if it is satisfied that no other adequate
remedy is provided by law,---
(a) on the application of any aggrieved party, make an order,---
(i) directing a person performing, within the territorial jurisdiction
of the Court, functions in connection with the affairs of the Federation, a
Province or a local authority, to refrain from doing anything he is not
permitted by law to do, or to do anything he is required by law to do; or
(ii) declaring that any act done or proceeding taken within the
territorial jurisdiction of the Court by a person performing functions in
connection with the affairs of the Federation, a Province or a local authority
has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order,---
(i) directing that a person in custody within the territorial
jurisdiction of the Court be brought before it so that the Court may satisfy
itself that he is not being held in custody without lawful authority or in an
unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the
Court holding or purporting to hold a public office to show under what
authority of law he claims to hold that office; or
(c) on the application of any aggrieved person, make an order giving
such directions to any person or authority, including any Government exercising
any power or performing any function in, or in relation to, any territory
within the jurisdiction of that Court as may be appropriate for the enforcement
of any of the Fundamental Rights conferred by Chapter 1 of Part II.
(2) Subject to the Constitution,
the right to move a High Court for the enforcement of any of the Fundamental
Rights conferred by Chapter 1 of Part II shall not be abridged.
1[(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.
2* * * * * * *
1Subs. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 9, for “clause (3)”, (w.e.f. the 4th
May, 1974).
2Clauses (3A), (3B) and (3C)
omitted by P. O. No. 14 of 1985, Art. 2 and Sch., which was previously amended
by various enactments.
(4) Where,---
(a) an application is made to a High Court for an order under
paragraph (a) or paragraph (c) of clause (1), and
(b) the making of an interim order would have the effect of
prejudicing or interfering with the carrying out of a public work or of
otherwise being harmful to public interest 1[or State property] or of
impeding the assessment or collection of public revenues,
the Court shall not make an interim order unless the prescribed
law officer has been given notice of the application and he or any person
authorised by him in that behalf has had an opportunity of being heard and the
Court, for reasons to be recorded in writing, is satisfied that the interim
order,---
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which
on the face of the record is without jurisdiction.
2[(4A) 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, State property or assessment or collection of
public revenues shall cease to have effect on the expiration of a period of six
months following the day on which it is made:
Provided that the matter shall
be finally decided by the High Court within six months from the date on which
the interim order is made.]
3* * * * * * *
(5) In this Article, unless the
context otherwise requires,---
“person” includes any body politic or corporate, any authority of
or under the control of the Federal Government or of a Provincial Government,
and any Court or tribunal, other than the Supreme Court, a High Court or a
Court or tribunal established under a law relating to the Armed Forces of
Pakistan; and “prescribed law officer” means
(a) in relation to an application affecting the Federal Government or
an authority of or under the control of the Federal Government, the
Attorney-General, and
(b) in any other case, the Advocate-General for the Province in which
the application is made.
1Ins. ibid.,
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 72, for ―clause (4A)‖.
3Clause (4B) omitted by the
Chief Executive‘s Order, 2002 (24 of 2002), Art. 2 and Sch. which was
previously amended by P.O. No. 14 of 1985, Art. 2 and Sch.
200. Transfer of High Court Judges.___(1) The President
may transfer a Judge of a High Court from one High Court to another High Court,
but no Judge shall be so transferred except with his consent and after
consultation by the President with the Chief Justice of Pakistan and the Chief
Justices of both High Courts 1[:]
2* * * * * * *
Explanation.- In this Article, “Judge” does
not include a Chief Justice 3[but includes a Judge for the
time being acting as Chief Justice of a High Court other than a Judge of the
Supreme Court acting as such in pursuance of a request made under paragraph (b)
of Article 196 ].]
4[(2) Where a Judge is so
transferred or is appointed to an office other than the principal seat of the
High Court, he shall, during the period for which he serves as a judge of the
High Court to which he is transferred, or holds such other office, be entitled
to such allowances and privileges, in addition to his salary, as the President
may, by Order, determine.
5[(3) If at any time it is
necessary for any reason to increase temporarily the number of Judges of a High
Court, the Chief Justice of that 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 consultation with the Chief Justice of Pakistan and the Chief Justice of
the High Court of which he is a Judge.
6[Explanation.- In this Article, “High Court”
includes a Bench of a High Court.
7* * * * * * *
201. Decision of High Court binding
on Subordinate Courts. Subject to Article 189, any decision of a High 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 courts subordinate to it.
202. Rules of Procedure. Subject to the Constitution
and law, a High Court may make rules regulating the practice and procedure of
the Court or of any court subordinate to it.
203. High Court to superintend
Subordinate Courts. Each High Court shall supervise and control all courts
subordinate to it.
1Subs. by the Constitution
(Fifth Amdt.) Act, 1976 (62 of 1976), s. 12, for full-stop (w.e.f. the 13th September, 1976).
2Proviso omitted by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 73.
3Added by the Constitution
(Third Amdt.) Order, 1985 (P. O. No. 24 of 1985), Art. 3.
4Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “clause (2)”.
5Clause (3) added by the
Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 10, (w.e.f. the 4th May,
1974)
6Explanation added by P. O. No.
14 of 1985, Art. 2 and Sch.,
7Clause (4) omitted by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.73.
[CHAPTER 3A. – FEDERAL SHARIAT
COURT
PROVISIONS OF CHAPTER TO
OVERRIDE OTHER PROVISIONS OF
CONSTITUTION
203A. Provisions of Chapter to
override other Provisions of Constitution. The provisions or this Chapter
shall have effect notwithstanding anything contained in the Constitution.
203B. Definitions. In this Chapter, unless there
is anything repugnant in the subject or context,---
2[(a) “Chief Justice” means, Chief
Justice of the Court;
(b) “Court” means the Federal Shariat Court constituted in pursuance
of Article 203C;
3[(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, Muslim personal law, any law relating to the
procedure of any Court or tribunal or, until the expiration of 4[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
5* * * * * * *
203C. The Federal Shariat Court. (1) There shall be constituted
for the purposes of this Chapter a court to be called the Federal Shariat
Court.
6[(2) The Court shall consist of
not more than eight Muslim 7[Judges], including the 8[Chief Justice], to be appointed
by the President 9[in accordance with Article
175A.]
10[(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 11[having at least fifteen years
experience in Islamic law, research or instruction.]
1Subs. by the Constitution (Amdt)
Order, 1980 (P.O. No. 1 of 1980). Art. 3, for the “existing Chapter 3A” (w.e.f.
26th May, 1980).
2Subs. by the Constitution
(Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 2. for ―paragraph
(a)‖.
3Ins. ibid.,
4Subs. by P.O. No. 14 of 1985,
Art. 2 and Sch., which was previously amended by various enactments for
―five‖.
5Paragraph (d) omitted by P. O.
No. 5 of 1982, Art. 2.
6Subs. by the Constitution
(Second Amdt.) Order, 1981 (P. O. No. 7 of 1981), Art. 2, for “clause (2)”.
7Subs. by P. O. No. 5 of 1982,
Art. 3, for “members”.
8Subs. ibid., for “Chairman”.
9Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74.
10Subs. by the Constitution
(Third Amdt.) Order 1985 (P. O. No. 24 of 1985), Art. 4, for “clause(3)”.
11Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74, for certain words.
(4) The 1[Chief Justice] and a 2[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 2[Judge] 3* * * except with his consent
and4[, except where the
Judge is, himself the Chief Justice, after consultation by the President with
the Chief Justice of the High Court.
5[(4A) The 1[Chief Justice], if he is not a 2[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.]
6[(4B) The Chief Justice and a
Judge shall not be removed from office except in the like manner and on the
like grounds as a Judge of the Supreme Court.]
7* * * * * * *
(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 1[Chief Justice] and a 2[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 1[Chief Justice] or a 2[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.
8[(9) A Chief Justice who is not
a Judge of the Supreme Court shall be entitled to the same remuneration,
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
remuneration, allowances and privileges as are admissible to a Judge of a High
Court:---
Provided that where a Judge is
already drawing a pension for any other post in the service of Pakistan, the
amount of such pension shall be deducted from the pension admissible under this
clause.]
203CC. [Penal of Ulema and Ulema
members.] Omitted by the Constitution (Second Amdt.) Order, 1981 (P.O. No. 7 of
1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2.
1Subs. by the Constitution
(Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 3, for “Chairman”.
2Subs. ibid., for “members”.
3Certain words omitted by Act
No. 10 of 2010, s.74.
4Subs. by the Constitution
(Third Amdt.) Order 1985 (P. O. No. 24 of 1985), Art. 4, for “one year”.
5Ins. by the Constitution
(Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art. 2.
6Subs. by Act No. 10 of 2010,
s. 74, for clause (4B) for which was previously ins. by P. O. No. 14 of 1985,
Art. 2 and Sch.
7Clauses (4C) and (5) omitted
ibid.
8Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74, and sha ll be deemed always
to have been so, subs. with affect from the 21st day of August 2002 for
―clause (9)‖.
203D. Powers, Jurisdiction and
Functions of the Court. (1) The Court may, 1[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 (PBUH), hereinafter referred to as the
Injunctions of Islam.
2[(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 3* * *, or to the Provincial
Government in the case of a law with respect to a matter not enumerated 4[in the Federal Legislative
List], 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 5[:]---
6[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 7* * * or the Concurrent
Legislative List, or the Governor in the case of a law with respect to a matter
not enumerated in either of 8[said 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.
9* * * * * * *
1Ins. by the Constitution
(Second Amdt.) Order, 1982 (5 of 1982), Art. 4.
2Ins. by the Constitution
(Amdt.) Order, 1984 (P. O. No. 1 of 1984), Art. 2.
3The words ―or the
Concurrent Legislative List omitted by the Constitution (Eighteenth Amdt.) Act,
2010 (10 of 2010), s. 75.
4Subs. ibid., for the words
―in the either of those lists.
5Subs. and shall be deemed
always to have been so subs. by the Constitution (Amdt.) order, 1984 (P.O. No.
1 of 1984), Art. 2, for the full stop.
6Proviso added and shall be
deemed always to have been so added ibid.
7The words ―or the
Concurrent Legislative List stand omitted as consequence of the (Eighteenth
Amdt.) Act, 2010 (10 of 2010), see section 2.
8Subs. ibid., for ―Either
of those Lists.
9Clause (4) omitted by the
Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art. 3.
[203DD. Revision and other
Jurisdiction of the Court. (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. Powers and Procedure of
the Court.
(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.
1Subs. by the Constitution
(Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 5, for “Article 203DD”,
which was previously ins. by P. O. No. 4 of 1980, Art. 3.
(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 1[Article 203D.]
2[(9) The Court shall have power
to review any decision given or order made by it.]
203F. Appeal to Supreme Court. (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 3[:]---
4[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.
5[(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
(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.
6[(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,
1Subs. by the Constitution
(Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art.. 5, for “this Article”.
2New clause (9) added by the
Constitution (Amdt.) Order, 1981 (P. O. No. 5 of 1981), Art. 3.
3Subs. by the Constitution
(Third Arndt.) Order, 1983 (P. O. No. 9 of 1983), Art. 2, for the full-stop.
4Proviso added ibid.
5New “clauses (2A) and (2B)”
ins. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art.
6.
6Subs. by the Constitution
(Third Amdt.) Order, 1982 (P. O. No. 12 of 1982), Art. 2, for “clause (3)”.
(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.
1[203G. Bar of Jurisdiction. 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.
1[203GG. Decision of Court
binding on High Court and Courts subordinate to it. 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. Pending proceedings to
continue, etc. (1) 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.
203I. [Administrative arrangements,
etc.,] Omitted by the Constitution (Second Amdt.) Order, 1982, (P.O. No. 5 of
1982), Art. 8.
203J. Power to make Rules. (1) The Court may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Chapter.
1New Article 203GG ins. by the
Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 7.
(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; *1
(b) the form of oath to be made by a jurisconsult, expert or witness
appearing before the Court 2[;]
3[(c) the powers and functions of the
Court being exercised or performed by Benches consisting of one or more members
constituted by the Chairman;
(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.
CHAPTER 4. – GENERAL PROVISIONS
RELATING TO THE JUDICATURE
4[204. Contempt of Court.- (1) In this Article, “Court”
means the Supreme Court or a High Court.
(2) A Court shall have power to
punish any person who,---
(a) abuses, interferes with or obstructs the process of the Court in
any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to
bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a
matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
(3) The exercise of the power
conferred on a Court by this Article may be regulated by law and, subject to
law, by rules made by the Court.
1The word “and” omitted by the
Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art.6.
2Subs. ibid., for the
full-stop.
3Paragraphs (c), (d) and (e)
added ibid.
4Subs. by P O. No. 14 of 1985,
Art. 2 and Sch., for “Article 204”.
205. Remuneration, etc., of Judges. The remuneration and other
terms and conditions of service of a Judge of the Supreme Court or of a High
Court shall be as provided in the Fifth Schedule.
206. Resignation.___ 1[(1) A Judge of the Supreme
Court or a High Court may resign his office by writing under his hand addressed
to the President.
2[(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.
207. Judge not to hold Office of
Profit, etc.
(1) A Judge of the Supreme Court or of a High Court shall not,---
(a) hold any other office of profit in the service of Pakistan if his
remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for
the rendering of services.
(2) A person who has held office
as a Judge of the Supreme Court or of a High Court shall not hold any office of
profit in the service of Pakistan, not being a judicial or quasi-judicial office
or the office of Chief Election Commissioner or of Chairman or member of a law
commission or of Chairman or member of the Council of Islamic Ideology, before
the expiration of two years after he has ceased to hold that office.
(3) A person who has held office
as a permanent Judge,
(a) of the Supreme Court, shall not plead or act in any Court or
before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any Court or before any
authority within its jurisdiction; and
(c) of the High Court of West Pakistan as it existed immediately
before the coming into force of the Province of West Pakistan (Dissolution)
Order, 1970, shall not plead or act in any Court or before any authority within
the jurisdiction of the principal seat of that High Court or, as the case may
be, the Permanent Bench of that High Court to which he was assigned.
208. Officers and Servants of
Courts.
The Supreme Court and 3[and the Federal Shariat Court], with the approval of
the President and a High Court, with the approval of the Governor concerned,
may make rules providing for the appointment by the Court of officers and
servants of the Court and for their terms and conditions of employment:
1Article 206 renumbered as
clause (1) of that Article, by the Constitution (Fifth Amdt.) Act, 1976 (62 of
1976), s. 14, (w.e.f. the 13th September, 1976).
2New clause (2) added ibid.
3Ins. by the Constitution
(Second Amdt.) Order, 1982 (P. O. No. 5 of 1982) Art. 9.
209. Supreme Judicial Council. (1) There shall be a Supreme
Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist
of,---
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause,
the inter se seniority of the Chief Justices of the High Court’s shall be
determined with reference to their dates of appointment as Chief Justice
1[otherwise than as acting Chief Justice], and in case the dates of such
appointment are the same, with reference to their dates of appointment as
Judges of any of the High Courts.
(3) If at any time the Council
is inquiring into the capacity or conduct of a Judge who is a member of the
Council or a member of the Council is absent or is unable to act due to illness
or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the
Supreme Court who is next in seniority below the Judges referred to in
paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief
Justice of another High Court who is next in seniority amongst the Chief
Justices of the remaining High Courts, shall act as a member of the Council in
his place.
(4) If, upon any matter inquired
into by the Council, there is a difference of opinion amongst its members, the
opinion of the majority shall prevail, and the report of the Council to the
President shall be expressed in terms of the view of the majority.
2[(5) If, on information from any
source, the Council or the President is of the opinion that a Judge of the
Supreme Court or of a High Court,---
(a) may be incapable of properly performing the duties of his office
by reason of physical or mental incapacity]; or
(b) may have been guilty of misconduct, the President shall direct the 3[Council to, or the Council may,
on its own motion, inquire into the matter.]
(6) If, after inquiring into the
matter, the Council reports to the President that it is of the opinion,---
1Ins. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 11, (w.e.f. the 4th May, 1974).
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 76, for ―clause (5) ‖.
3L.F.O 2002
(a) that the Judge is incapable of performing the duties of his office
or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove
the Judge from office.
(7) A Judge of the Supreme Court
or of a High Court shall not be removed from office except as provided by this
Article.
(8) The Council shall issue a
code of conduct to be observed by Judges of the Supreme Court and of the High
Courts.
210. Power of Council to enforce
attendance of persons, etc. (1) For the purpose of inquiring into any matter, the Council
shall have the same power as the Supreme Court has to issue directions or
orders for securing the attendance of any person or the discovery or production
of any document; and any such direction or order shall be enforceable as if it
had been issued by the Supreme Court.
(2) The provisions of Article
204 shall apply to the Council as they apply to the Supreme Court and a High
Court.
211. Bar of Jurisdiction. The proceedings before the
Council, its report to the President and the removal of a Judge under clause
(6) of Article 209 shall not be called in question in any court.
212. Administrative Courts and
Tribunals.
(1) Notwithstanding anything hereinbefore contained, the appropriate
Legislature may by Act provide 1[for the establishment of] one
or more Administrative Courts or Tribunals to exercise exclusive jurisdiction
in respect of,---
(a) matters relating to the terms and conditions of persons 2[who are or have been] in the
service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of
Government, or any person in the service of Pakistan, or of any local or other
authority empowered by law to levy any tax or cess and any servant of such
authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal
of any property which is deemed to be enemy property under any law.
1Subs. and shall be deemed
always to have been so subs. by the Constitution (First Amdt.) Act, 1974 (33 of
1974), s.12, for “establish”.
2Ins. and shall be deemed
always to have been so ins. ibid.
(2) Notwithstanding anything
hereinbefore contained, where any Administrative Court or Tribunal is
established under clause (1), no other court shall grant an injunction, make
any order or entertain any proceedings in respect of any matter to which the
jurisdiction of such Administrative Court or Tribunal extends 1[and all proceedings in respect
of any such matter which may be pending before such other court immediately
before the establishment of the Administrative Court or Tribunal 2[; other than an appeal pending
before the Supreme Court,] shall abate on such establishment:]
Provided that the provisions of
this clause shall not apply to an Administrative Court or Tribunal established
under an Act of a Provincial Assembly unless, at the request of that Assembly
made in the form of a resolution, 3[Majlis-e-Shoora (Parliament)]
by law4 extends the provisions to such a
Court or Tribunal.
(3) An appeal to the Supreme
Court from a judgment, decree, order or sentence of an Administrative Court or
Tribunal shall lie only if the Supreme Court, being satisfied that the case
involves a substantial question of law of public importance, grants leave to
appeal.
212A. [Establishment of Military
Courts or Tribunals.] Omitted by S.R.O. No. 1278 (1) 85, dated 30-12-85, read
with proclamation of withdrawal of Martial Law dated 30-12-85 see Gaz. of P.
1985, Ext., Pt. 1, dated 30-12-85, pp. 431-432, which was previously added by
P.O. No. 21 of 1979, Art. 2.
212B. [Establishment of Special Courts
for trial of heinous offences.] Repealed by the Constitution (Twelfth Amdt.)
Act, 1991 (14 of1991), s. 1 (3), (w.e.f. 26th July, 1994), which was previously
added by Act 14 of 1991 s. 2, (w.e.f. 27th July, 1991].
PART VIII ELECTIONS
CHAPTER 1. – CHIEF ELECTION
COMMISSIONER AND ELECTION COMMISSIONS
213. Chief Election Commissioner. (1) There shall be a Chief
Election Commissioner (in this Part referred to as the Commissioner), who shall
be appointed by the President 5* * *.
(2) No person shall be appointed
to be Commissioner unless he is, or has been, a Judge of the Supreme Court or
is, or has been, a Judge of a High Court and is qualified under paragraph (a)
of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.
6[(2A) The Prime Minister shall
in consultation with the Leader of the Opposition in the National Assembly,
forward three names for appointment of the Commissioner to a Parliamentary
Committee for hearing and confirmation of any one person.
(2B) The Parliamentary Committee
to be constituted by the Speaker shall comprise fifty percent members from the
Treasury Benches and fifty percent from the Opposition Parties, based on their
strength in Majlis-e-Shoora (Parliament), to be nominated by the respective
Parliamentary Leaders:---
1Ins. and shall be deemed
always to have been so ins. by the Constitution (First Amdt.) Act, 1974 (33 of
1974) s. 12.
2Ins. and shall be deemed always
to have been so ins. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976)
s. 15.
3Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art. 2 and Sch., for
“Parliament”.
4For such law see the
Provincial Service Tribunals (Extension of Provisions of the Constitution) Act,
1974 (32 of 1974).
5The words ―in his
discretion omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 77.
6New Clauses (2A) and (2B) Ins.
ibid.
Provided that in case there is
no consensus between the Prime Minister and the Leader of the Opposition, each
shall forward separate lists to the Parliamentary Committee for consideration
which may confirm any one name:
1[Provided further that the total
strength of the Parliamentary Committee shall be twelve members out of which
one-third shall be from the Senate, and]
Provided also that when the
National Assembly is dissolved and a vacancy occurs in the office of the Chief
Election Commissioner, the 2[total membership of the
Parliamentary committee shall consist of] the members from the Senate only and
the foregoing provisions of this clause shall, mutatis mutandis, apply.]
(3) The Commissioner shall have
such powers and functions as are conferred on him by the Constitution and law.
214. [3* *] oath of office. Before entering upon office,
the Commissioner shall make before the Chief Justice of Pakistan oath in the
form set-out in the Third Schedule.
215. Term of office of Commissioner 3[and member]. (1) The Commissioner 3[and a member] shall, subject to
this Article, hold office for a term of 4[five] years from the day he
enters upon his office:---
5[Provided that the aforesaid
amendment shall be effective after the expiry of current tenure of the present
incumbent 3[Commissioner]; and]
6* * * * * * *
(2) The Commissioner 3[or a member] 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 Article for the
purposes of this clause, any reference in that Article to a Judge shall be
construed as a reference to the Commissioner 3[or as the case may be, a
member].
(3) The Commissioner 3[or a member] may, by writing
under his hand addressed to the President, resign his office.
216. Commissioner 1[and member] not to hold office
of profit.
(1) The Commissioner 3[or a member] shall not,---
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for
the rendering of services.
(2) A person who has held office
as Commissioner 3[or a member] shall not hold any
office of profit in the service of Pakistan before the expiration of two years
after he has ceased to hold that office:---
1Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 6.
2Substituted by the
Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 6 for
Parliamentary Committee shall comprise‖.
3Omitted, inserted & added
by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s.3,4 & 5.
4Subs by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s 78, for ―three‖.
5Proviso ins. ibid.
6Proviso omitted, ibid.
Provided that,---
(a) this clause shall not be construed as preventing a person who was
a Judge of the Supreme Court or of a High Court immediately before his
appointment as Commissioner from resuming his duties as such Judge on the expiration
of his term as Commissioner 1[.]
2* * * * * * *
217. Acting Commissioner. At any time when,---
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or unable to perform the functions of
his office due to any other cause, a Judge of the Supreme Court nominated by
the Chief Justice of Pakistan shall Act as Commissioner.
218. Election Commission.___ 3[(1) For the
purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial
Assemblies and for election to such other public offices as may be specified by
law, a permanent Election Commission shall be constituted in accordance with
this Article;
3[(2) The Election Commission
shall consist of,---
(a) the Commissioner who shall be the Chairman of the Commission; and
(b) four members, each of whom has been a Judge of a High Court from
each Province, appointed by the President in the manner provided for
appointment of the Commissioner in clauses (2A) and (2B) of Article 213.]
(3) It shall be the duty of the
Election Commission 4[omitted] to organize and
conduct the election and to make such arrangements as are necessary to ensure
that the election is conducted honestly, justly, fairly and in accordance with
law, and that corrupt practices are guarded against.
PART VIII
Elections
CHAPTER 1,- CHIEF ELECTION
COMMISSIONER AND ELECTION COMMISSION
219. Duties of 5[Commission]. The 5[Commission] shall be charged
with the duty of,---
(a) preparing electoral rolls for election to the National Assembly
and the Provincial Assemblies, and revising such rolls annually;
(b) organizing and conducting election to the Senate or to fill casual
vacancies in a House or a Provincial Assembly; and
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 79, for and.
2Paragraph (b) omitted ibid.
3Subs. ibid., s. 80, for
“clauses (1) and (2)”.
4Omitted by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012) s.6.
518th amendment Act 10 of 2010
(c) appointing Election Tribunals 1[;]
2[(d) the holding of general elections
to the National Assembly, Provincial Assemblies and the local governments; and
(e) such other functions as may be specified by an Act of
Majlis-e-Shoora (Parliament) 3[:]]
4[Provided that till such time as
the members of the Commission are first appointed in accordance with the
provisions of paragraph (b) of clause (2) of Article 218 pursuant to the
Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the
Commissioner shall remain charged with the duties enumerated in paragraphs (a),
(b) and (c) of this Article.]
220. Executive authorities to assist
Commission, etc. It shall be the duty of all executive authorities in the
Federation and in the Provinces to assist the Commissioner and the Election
Commission in the discharge of his or their functions.
221. Officers and servants. Until 5[Majlis-e-Shoora (Parliament)]
by law otherwise provides, the 6[Election Commission] may, with
the approval of the President, make rules providing for the appointment by the 6Election Commission] of officers
and servants to be employed in connection with the functions of the 7* * * Election Commission and
for their terms and conditions of employment.
CHAPTER 2. – ELECTORAL LAWS AND
CONDUCT OF ELECTIONS
222. Electoral laws. Subject to the Constitution, 5[Majlis-e-Shoora (Parliament)]
may by law provide for:---
(a) the allocation of seats in the National Assembly as required by
clauses (3) and (4) of Article 51;
(b) the delimitation of constituencies by the Election Commission;
(c) the preparation of electoral rolls, the requirements as to
residence in a constituency, the determination of objections pertaining to and
the commencement of electoral rolls;
(d) the conduct of elections and election petitions; the decision of
doubts and disputes arising in connection with elections;
(e) matters relating to corrupt practices and other offences in
connection with elections; and
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s 81, for the full stop.
2New Paragraph (d) and (e)
added ibid.
3Subs. by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012) s. 7
4Proviso ins. ibid.
5Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
6Subs. by Act No. 10 of 2010,
s. 82, for “Commissioner”.
7The words Commissioner or an‖ omitted ibid.
(f) all other matters necessary for the due constitution of the two
Houses and the Provincial Assemblies;
but no such law shall have the effect of taking away or abridging
any of the powers of the Commissioner or an Election Commission under this
Part.
223. Bar against double
membership.
(1) No person shall, at the same time, be a member of,---
(a) both Houses; or
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than one seat.
(2) Nothing in clause (1) shall
prevent a person from being a candidate for two or more seats at the same time,
whether in the same body or in different bodies, but if he is elected to more
than one seat he shall, within a period of thirty days after the declaration of
the result for the last such seat, resign all but one of his seats, and if he
does not so resign, all the seats to which he has been elected shall become
vacant at the expiration of the said period of thirty days except the seat to
which he has been elected last or, if he has been elected to more than one seat
on the same day, the seat for election to which his nomination was filed last.
Explanation:- In this clause, “body” means
either House or a Provincial Assembly.
(3) A person to whom clause (2)
applies shall not take a seat in either House or the Provincial Assembly to
which he has been elected until he has resigned all but one of his seats.
(4) Subject to clause (2), if a
member of either House or of a Provincial Assembly becomes a candidate for a
second seat which, in accordance with clause (1), he may not hold concurrently
with his first seat, then his first seat shall become vacant as soon as he is
elected to the second seat.
224. Time of election and by-election.___“1[(1) A general
election to the National Assembly or a Provincial Assembly shall be held within
a period of sixty days immediately following the day on which the term of the
Assembly is due to expire, unless the Assembly has been sooner dissolved, and
the results of the election shall be declared not later than fourteen days
before that day.]”;
2[(1A) On dissolution of the
Assembly on completion of its term, or in case it is dissolved under Article 58
or Article 112, the President, or the Governor, as the case may be, shall
appoint a care-taker Cabinet]:---
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.83, for ―clause (1).
2New clauses (1A), (1B) and
explanation ins. ibid.
Provided that the care-taker
Prime Minister shall be 1[appointed] by the President in
consultation with the Prime Minister and the Leader of the Opposition in the
outgoing National Assembly, and a care-taker Chief Minister shall be appointed
by the Governor in consultation with the Chief Minister and the Leader of the
Opposition in the outgoing Provincial Assembly:
1[Provided further that if the
Prime Minister or a Chief Minister and their respective Leader of the
Opposition do not agree on any person to be appointed as a care-taker Prime
Minister or the care-taker Chief Minister, as the case may be, the provisions
of Article 224A shall be followed:] and
Provided 1[also] that the Members of the
Federal and Provincial care-taker Cabinets shall be appointed on the advice of
the care-taker Prime Minister or the care-taker Chief Minister, as the case may
be.
(1B) Members of the care-taker
Cabinets including the care-taker Prime Minister and the care-taker Chief
Minister and their immediate family members shall not be eligible to contest
the immediately following elections to such Assemblies.
Explanation.- In this clause “immediate family
members” means spouse and children; and]
(2) When the National Assembly
or a Provincial Assembly is dissolved, a general election to the Assembly shall
be held within a period of ninety days after the dissolution, and the results
of the election shall be declared not later than fourteen days after the
conclusion of the polls.
(3) An election to fill the
seats in the Senate which are to become vacant on the expiration of the term of
the members of the Senate shall be held not earlier than thirty days
immediately preceding the day on which the vacancies are due to occur.
(4) When, except by dissolution
of the National Assembly or a Provincial Assembly, a general seat in any such
Assembly has become vacant not later than one hundred and twenty days before
the term of that Assembly is due to expire, an election to fill the seat shall
be held within sixty days from the occurrence of the vacancy.
(5) When a seat in the Senate
has become vacant, an election to fill the seat shall be held within thirty
days from the occurrence of the vacancy.
2[(6) When a seat reserved for
women or non-Muslims in the National Assembly or a Provincial Assembly falls
vacant, on account of death, resignation or disqualification of a member, it
shall be filled by the next person in order of precedence from the party list
of the candidates to be submitted to the Election Commission by the political
party whose member has vacated such seat.]:---
3[Provided that if at any time
the party list is exhausted, the concerned political party may submit a name
for any vacancy which may occur thereafter.]
1Subs, inserted by the
Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s.8.
2New Clauses (6) ins. and shall
be deemed always to have been so ins. with effect from the 21st day of August
2002 by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 83.
3Added by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012) s.8 & 9.
* * * * * * *
224A. 2[Resolution by Committee or
Election Commission.___(1) In case the Prime Minister
and the Leader of the Opposition in the outgoing National Assembly do not agree
on any person to be appointed as the care-taker Prime Minister, within three
days of the dissolution of the National Assembly, they shall forward two
nominees each to a Committee to be immediately constituted by the Speaker of
the National Assembly, comprising eight members of the outgoing National
Assembly, or the Senate, or both, having equal representation from the Treasury
and the Opposition, to be nominated by the Prime Minister and the Leader of the
Opposition respectively.
(2) In case a Chief Minister and
the Leader of the Opposition in the outgoing Provisional Assembly do not
agree on any person to be appointed as the care-taker Chief Minister,
within three days of the dissolution of that Assembly, they shall forward two
nominees each to a Committee to be immediately constituted by the Speaker of
the Provincial Assembly, comprising six members of the outgoing Provincial
Assembly having equal representation from the Treasury and the Opposition, to
be nominated by the Chief Minister and the Leader of the Opposition respectively.
(3) The Committee constituted
under clause (1) or (2) shall finalize the name of the care-taker Prime
Minister or care-taker Chief Minister, as the case may be, within three days of
the referral of the matter to it:---
Provided that in case of
inability of the Committee to decide the matter in the aforesaid period, the
names of the nominees shall be referred to the Election Commission of Pakistan
for final decision within two days.
(4) The incumbent Prime Minister
and the incumbent Chief Minister shall continue to hold office till appointment
of the care-taker Prime Minister and the care-taker Chief Minister, as the case
may be.
(5) Notwithstanding anything
contained in clauses (1) and (2), if the members of the Opposition are less
than five in the Majlis-e-Shoora (Parliament) and less than four in any
Provincial Assembly, then all of them shall be members of the Committee
mentioned in the aforesaid clauses and the Committee shall be deemed to be duly
constituted.]
225. Election dispute. No election to a House or a
Provincial Assembly shall be called in question except by an election petition
presented to such tribunal and in such manner as may be determined by Act of 3[Majlis-e-Shoora (Parliament)].
4[226. Election by secret ballot.
All elections under the Constitution, other than those of the Prime Minister
and the Chief Minister, shall be by secret ballot.]
1Clause (7) stands omitted as a
consequence (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2.
2Added by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012) s.8 & 9.
1See footnote 6 on page 3,
supra.
2Subs. by Act 10 of 2010, s.
84, for ―Article 226.
PART IX
Islamic Provisions
227. Provisions relating to the
Holy Qur'an and Sunnah . (1) All existing laws shall be brought in conformity with the
Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part
referred to as the Injunctions of Islam, and no law shall be enacted which is
repugnant to such Injunctions.
1[Explanation:- In the application of this
clause to the personal law of any Muslim sect, the expression “Quran and
Sunnah” shall mean the Quran and Sunnah as interpreted by that sect.
(2) Effect shall be given to the
provisions of clause (1) only in the manner provided in this Part.
(3) Nothing in this Part shall
affect the personal laws of non-Muslim citizens or their status as citizens.
228. Composition, etc. of Islamic
Council.
(1) There shall be constituted2 within a period of ninety days
from the commencing day a Council of Islamic Ideology, in this part referred to
as the Islamic Council.
(2) The Islamic Council shall
consist of such members, being not less than eight and not more than 3[twenty] as the President may
appoint from amongst persons having knowledge of the principles and philosophy
of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the
economic, political, legal or administrative problems of Pakistan.
(3) While appointing members of
the Islamic Council the President shall ensure that,---
(a) so far as practicable various schools of thought are represented
in the Council;
(b) not less than two of the members are persons each of whom is, or
has been a Judge of the Supreme Court or of a High Court;
(c) not less than 4[one-third] of the members are
persons each of whom has been engaged, for a period of not less than fifteen
years, in Islamic research or instruction; and
(d) at least one member is a woman.
5[(4) The President shall appoint
one of the members of the Islamic Council to be the Chairman thereof.
1Explanation added by the
Constitution (Third Amdt.) Order, 1980 (P. O. No. 14 of 1980), Art. 2.
2For the notification
constituting the Council of Islamic Ideology, see Gaz. of Pak.. 1974, Ext., Pt.
II, p. 165. For the Council of Islamic Ideology (Terms and Conditions of
Members) Rules, 1974, see Gaz. of Pak., Ext., Pt. II, p. 1727.
3Subs. by the Constitution
(Fourth Amdt.) Order, 1980 (P. O. No. 16 of 1980), Art. 2, for “fifteen”.
4Subs by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 85, for ―four‖.
5Subs. by the Constitution
(Third Amdt.) Order, 1982 (P. O. No. 13 of 1982), Art. 2, for “clause (4)”.
(5) Subject to clause (6) a
member of the Islamic Council shall hold office for a period of three years.
(6) A member may, by writing
under his hand addressed to the President, resign his office or may be removed
by the President upon the passing of a resolution for his removal by a majority
of the total membership of the Islamic Council.
229. Reference by 1[Majlis-e-Shoora (Parliament)],
etc. to Islamic Council. The President or the Governor of a Province may, or if
two-fifths of its total membership so requires, a House or a Provincial
Assembly shall, refer to the Islamic Council for advice any question as to
whether a proposed law is or is not repugnant to the Injunctions of Islam.
230. Functions of Islamic
Council.
(1) The functions of the Islamic Council shall be,---
(a) to make recommendations to 1[Majlis-e-Shoora (Parliament)]
and the Provincial Assemblies as to the ways and means of enabling and
encouraging the Muslims of Pakistan to order their lives individually and
collectively in all respects in accordance with the principles and concepts of
Islam as enunciated in the Holy Quran and Sunnah;
(b) to advise a House, a Provincial Assembly, the President or a
Governor on any question referred to the Council as to whether a proposed law
is or is not repugnant to the Injunctions of Islam;
(c) to make recommendations as to the measures for bringing existing
laws into conformity with the Injunctions of Islam and the stages by which such
measures should be brought into effect; and
(d) to compile in a suitable form, for the guidance of 1[Majlis-e-Shoora (Parliament)]
and the Provincial Assemblies, such Injunctions of Islam as can be given
legislative effect.
(2) When, under Article 229, a
question is referred by a House, a Provincial Assembly, the President or a
Governor to the Islamic Council, the Council shall, within fifteen days
thereof, inform the House, the Assembly, the President or the Governor, as the
case may be, of the period within which the Council expects to be able to
furnish that advice.
(3) Where a House, a Provincial
Assembly, the President or the Governor, as the case may be, considers that, in
the public interest, the making of the proposed law in relation to which the
question arose should not be postponed until the advice of the Islamic Council
is furnished, the law may be made before the advice is furnished:---
Provided that, where a law is
referred for advice to the Islamic Council and the Council advises that the law
is repugnant to the Injunctions of Islam, the House or, as the case may be, the
Provincial Assembly, the President or the Governor shall reconsider the law so
made.
1Subs. by the revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
(4) The Islamic Council shall
submit its final report within seven years of its appointment, and shall submit
an annual interim report. The report, whether interim or final, shall be laid
for discussion before both Houses and each Provincial Assembly within six
months of its receipt, and 1[Majlis-e-Shoora (Parliament)]
and the Assembly, after considering the report, shall enact laws in respect
thereof within a period of two years of the final report.
231. Rules of procedure. The proceedings of the Islamic
Council shall be regulated by rules of procedure2 to be made by the Council with
approval of the President.
PART X
EMERGENCY PROVISIONS
PROCLAMATION OF EMERGENCY ON
ACCOUNT OF WAR, INTERNAL DISTURBANCE, ETC.
232. Proclamation of emergency
on account of war, internal disturbance, etc. (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 3[:]---
4[Provided that for imposition of
emergency due to internal disturbances beyond the powers of a Provincial
Government to control, a resolution from the Provincial Assembly of that
Province shall be required:
Provided further that if the
President acts on his own, the Proclamation of Emergency shall be placed before
both Houses of Majlis-e-Shoora (Parliament) for approval by each House within
ten days.]
(2) Notwithstanding anything in
the Constitution, while a Proclamation of Emergency is in force,---
5[(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 List6* * *;
(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 Order7assume to itself,
or direct the
1Subs. by the revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch., for
“Parliament”.
2For the Council of Islamic
Ideology (Procedure Rules), 1974, see Gaz. of Pak., 1974. Ext., Pt. II, pp.
771-773.
3Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 86, for the full stop.
4New proviso ins. ibid.
5Subs. by P. O. No. 14 of 1985.
Art. 2 and Sch.. for paragraph (a).
6The words ― or the
Concurrent Legislative List‖ stand omitted as a
consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2.
7For such Order, in respect of
N.W.F.P., see S.R.O. No. 202(I)/75, dated the 16th February, 1975, see Gaz. of
Pak 1975, Ext.. Pt. II, p. 329. since rescinded by S R.O. No. 522(I)/75, dated
the 3rd May, 1975, see Gaz. of Pak., 1975, Ext., Pt. II. p. 727; and
For such Order, in respect of the Province of Baluchistan, see
S.R.O. No. 641(I)/76, dated the 30th June, 1976, see Gaz. of Pak., 1976, Ext.,
Pt. II. p. 1207 since rescinded by S. R. O. No. 1161 (I)/76, dated the 6th December, 1976, see Gaz. of
Pak., 1976, Ext., Pt. II, p. 2279.
For such proclamation issued on 28-5-1998, see Gaz. of Pak.
1998, Ext., Pt. I, p. 32.
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 1[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 of1[Majlis-e-Shoora
(Parliament)] which 1[Majlis-e-Shoora (Parliament)]
has under this Article power to make, the Act of1[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 1[Majlis-e-Shoora (Parliament)]
continues to have effect, be void.
(5) A law made by 1[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, 1[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,---
1Subs. by the revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch., for
“Parliament”.
(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 resolution1 of the joint sitting; and
2[(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. Power to suspend
Fundamental Rights, etc., during emergency period. (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 Order3, 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.
1The joint sitting passed the
following resolution on the 5th September, 1973:-
“That the joint sitting approves under clause (7) of Art. 232 of
the Constitution read with Art. 280 thereof, the Proclamation of Emergency
issued on the 23rd day of November, 1971, and the continuance in force of the
said Proclamation for the period of six months following the expiration of the
period mentioned in paragraph (a) of the said clause(7).”
The joint sitting passed the following resolution on 10-6-1998.
“That the joint sitting approve under clause (7) of Article 232
of the Constitution the Proclamation of Emergency issued by the President on
the 28th May, 1998, under clause (1) of Article 232 of the Constitution.” see
Gaz. of Pak. 1998. Ext., Pt. III, p. 647.
2Subs. by the Constitution
(Third Amdt.) Act, 1975, (22 of 1975), s. 3, for original paragraph (b) (w.e.f.
the 13th February, 1975), which reads as follows:-
“(b) may by resolution of a joint sitting, be continued in force
for a period not exceeding six months at a time.”
For resolutions under original paragraph (b) approving the
continuance in force of the Proclamation of Emergency, see Gaz. of Pak., 1974,
Ext., Pt. III, p. 343, and ibid., p. 1183.
3The Order suspending the right
to move any court for the enforcement of certain Fundamental Rights issued vide
see Gaz. of Pak., 1973, Ext., Pt. I. p. 602, has been rescinded by S.R.O.
1093(I)/74, dated the 14th August. 1974., see Gaz. of Pak. 1974, Ext. Pt. II,
p.1548.
(3) Every Order made under this
Article shall, as soon as may be, be laid before 1[both Houses of Majlis-e-Shoora
(Parliament) separately] for approval2 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. Power to issue Proclamation in
case of failure of constitutional machinery in a Province. (1) If the President, on
receipt of a report from the Governor of a Province 3* * * 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 4[by each House separately]
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.
1Subs. the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 87 for ―a Joint Sitting.
2For the Order issued on
28-5-1998 suspending of Fundamental Rights, (See Notifications No. 7-3/98-Min.
I, dated 28-5-1998. Gaz. of Pak., 1998, Part I, Page 31).
The joint sitting passed the following resolution on the 6th
September, 1973:-
That the joint sitting approves under clause (7) of Article 232
of the Constitution, read with clause (3) of
Article 233 thereof, the President's Order of the 14th August,
1973, made under clause (2) of the said Art.
233 and the continuance in force of the said Order for the
period of six months following the expiration of the period mentioned in
paragraph (a) of the said clause (7) of Art. 232.
For resolution approving the continuance in force of the
President's Order of the 14th August, 1973, for a
further period of six months, .see Gaz. of Pak., 1974. Ext., Pt.
III, p. 343. The joint sitting passed the following resolution on 10-6-1998.
“That the joint sitting approves the Order made by the President
on the 28th May, 1998, under clause (2) of
Article 233 of the Constitution.” see Gaz. of Pak. 1998. Part
Ill, p. 647.
3The words ― or otherwise
omitted by Act No. 10 of 2010, s. 88.
4Subs. ibid., for at a joint
sitting.
(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 1[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 1[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 1[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 1[Majlis-e-Shoora (Parliament)]
in joint sitting; and
(d) to 1[Majlis-e-Shoora (Parliament)]
in joint sitting by resolution to sanction expenditure authorized by the
President under paragraph (c).
(6) Any law made by 1[Majlis-e -Shoora (Parliament)]
or the President which 1[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. Proclamation in case of
financial emergency.___ (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 a Province.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
(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. Revocation of Proclamation, etc.___ (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. 1[Majlis-e-Shoora (Parliament)
may make laws of indemnity, etc. Nothing in the Constitution shall prevent 1[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 XI
AMENDMENT OF CONSTITUTION
238. Amendment of Constitution. Subject to this Part, the
Constitution may be amended by Act of 1[Majlis-e-Shoora (Parliament)].
2[239. Constitution, Amendment
Bill.___ (1) A Bill to amend the
Constitution may originate in either House and, when the Bill has been passed
by the votes of not less than two-thirds of the total membership of the House,
it shall be transmitted to the other House.
(2) If the Bill is passed
without amendment by the votes of not less than two-thirds of the total
membership of the House to which it is transmitted under clause (1), it shall,
subject to the provisions of clause (4), be presented to the President for
assent.
(3) If the Bill is passed with
amendment by the votes of not less than two-thirds of the total membership of
the House to which it is transmitted under clause (1), it shall be reconsidered
by the House in which it had originated, and if the Bill as amended by the
former House is passed by the latter by the votes of not less than two-thirds
of its total membership it shall, subject to the provisions of clause (4), be
presented to the President for assent.
(4) A Bill to amend the
Constitution which would have the effect of altering the limits of a Province
shall not be presented to the President for assent unless it has been passed by
the Provincial Assembly of that Province by the votes of not less than
two-thirds of its total membership.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Subs. by the Constitution
(Second Amdt.) Order, 1985 (P. O. No. 20 of 1985), Art. 3, for Art. 239, which
was previously subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “the
original Article 239.”
(5) No amendment of the
Constitution shall be called in question in any court on any ground whatsoever.
(6) For the removal of doubt, it
is hereby declared that there is no limitation whatever on the power of the
Majlis-e-Shoora (Parliament) to amend any of the provisions of the
Constitution.
PART XII
MISCELLANEOUS
CHAPTER 1.-SERVICES
240. Appointments to service of
(a) in the case of the services of the Federation, posts in connection
with the affairs of the Federation and All-Pakistan Services, by or under Act
of 1[Majlis-e-Shoora (Parliament)];
and
(b) in the case of the services of a Province and posts in connection
with the affairs of a Province, by or under Act of the Provincial Assembly.
Explanation.- In this Article,
“All-Pakistan Service” means a service common to the Federation and the
Provinces, which was in existence immediately before the commencing day or
which may be created by Act of 1[Majlis-e-Shoora (Parliament)].
241. Existing rules, etc., to
continue.
Until the appropriate Legislature makes a law under Article 240, all rules and
orders in force immediately before the commencing day shall, so far as
consistent with the provisions of the Constitution, continue in force and may
be amended from time to time by the Federal Government or, as the case may be,
the Provincial Government.
242. Public Service Commission.___ (1) 1[Majlis-e-Shoora (Parliament)]
in relation to the affairs of the Federation, and the Provincial Assembly of a
Province in relation to the affairs of a Province may, by law provide for the
establishment and constitution of a Public Service Commission.
2[(1A) The Chairman of the Public
Service Commission constituted in relation to the affairs of the Federation
shall be appointed by the President 3[on the advice of the Prime
Minister.]
4[(1B) The Chairman of the Public
Service Commission constituted in relation to affairs of a Province shall be
appointed by the Governor on advice of the Chief Minister.]
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Ins. by P.O. No. 14 of 1985,
Art. 2 and Sch.
3Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 89 for ―in his discretion.
4New clause (1B) ins. ibid.
(2) A Public Service Commission
shall perform such functions as may be prescribed by law.
CHAPTER 2.-ARMED FORCES
1[243. Command of Armed Forces.___ (1) The Federal Government shall
have control and command of the Armed Forces.
(2) Without prejudice to the
generality of the foregoing provision, the Supreme Command of the Armed Forces
shall vest in the President.
(3) The President shall subject
to law, have power,---
(a) to raise and maintain the Military, Naval and Air Forces of
Pakistan; and the Reserves of such Forces; and
(b) to grant Commissions in such Forces.
(4) The President shall, on
advice of the Prime Minister, appoint,---
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff, and shall also determine their
salaries and allowances.]
244. Oath of Armed Forces. Every member of the Armed
Forces shall make oath in the form set out in the Third Schedule.
245. Functions of Armed Forces.___ 2[(1) The Armed Forces shall,
under the directions of the Federal Government, defend Pakistan against
external aggression or threat of war, and, subject to law, act in aid of civil
power when called upon to do so.
3[(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.
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s.90 for ―Article 243.
2Re-numbered as clause (1) by
the Constitution (Seventh Amdt) Act, 1977 (23 of 1977), s. 4 (w.e.f. the 21st April, 1977).
3Added by the Constitution
(Seventh Amdt.) Act, 1977 (23 of 1977), s. 4, (w.e.f. the 21st April, 1977).
(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.
246. Tribal Areas. In the Constitution,---
(a) “Tribal Areas” means the areas in
(i) the Tribal Areas of 1[Balochistan] and the 2[Khyber Pakhtunkhwa] Province3;
(ii) the former States of Amb, Chitral, Dir and Swat;
4* * * * * * *
(b) “Provincially Administered Tribal Areas” means,---
(i) The districts of Chitral, Dir and Swat (which includes Kalam), 5[the Tribal Area in Kohistan
district], Malakand Protected Area, the Tribal Area adjoining 6[Mansehra] district and the
former State of
(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis
Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi
district;*****[14]
(c) Federally Administered Tribal Areas includes,---
(i) Tribal Areas adjoining
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
7[(iiia) Tribal Areas djoining Lakki
Marwat district; and]
(iv) Tribal Areas adjoining Dera Ismail Khan district;
7[(iva) Tribal Areas adjoining Tank
District]
8[(v) Bajaur Agency;
(va) Orakzai Agency;
(vi) Mohmand Agency;
(vii) Khyber Agency;
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 91, for ―Baluchistan‖.
2Subs ibid., for
―North-West-Frontier.
3The word and omitted ibid.
4Sub paragraphs (iii) and (iv)
omitted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s.7.
5Ins. and shall be deemed to
have been so ins. by the Constitution (Sixth Amdt.) Act, 1976 (84 of 1976), s.
4, (w.e.f. the 1st October, 1976).
6Subs. and shall be deemed to
have been so subs. ibid., for “Hazara”.
7Inserted by the Constitution
(Nineteenth Amendment) Act, 2011 (1 of 2011) s. 7.
8Subs. and shall be deemed to
have been so subs. by the Constitution (Sixth Amdt.) Act, 1976 (84 of 1976), s.
4, for the original sub-paragraph (v), (w.e.f. the 1st December, 1973).
(viii) Kurram Agency;
(ix) North Waziristan Agency, and
(x) South Waziristan Agency[; and][15]
[(d) On the commencement of the Constitution
(….Amendment) Act, 2018, the areas mentioned in,---
(i) Paragraph (b),---
(a) in sub-paragraph (i), shall
stand merged in the
(b) in sub-paragraph (ii), shall
stand merged in the
(ii) paragraph (c), shall stand
merged in the
247. *****[17]
CHAPTER 4. – GENERAL
PROTECTION TO PRESIDENT,
GOVERNOR, MINISTER, ETC.
248. Protection to President,
Governor, Minister, etc.___ (1) The President, a Governor,
the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister
and a Provincial Minister shall not he answerable to any court for the exercise
of powers and performance of functions of their respective offices or for any
act done or purported to be done in the exercise of those powers and
performance of those functions:---
Provided that nothing in this
clause shall be construed as restricting the right of any person to bring
appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings
whatsoever shall be instituted or continued against the President or a Governor
in any court during his term of office.
(3) No process for the arrest or
imprisonment of the President or a Governor shall issue from any court during
his term of office.
(4) No civil proceedings in
which relief is claimed against the President or a Governor shall be instituted
during his term of office in respect of anything done or not done by him in his
personal capacity whether before or after he enters upon his office unless, at
least sixty days before the proceedings are instituted, notice in writing has
been delivered to him, or sent to him in the manner prescribed by law, stating
the nature of the proceedings, the cause of action, the name, description and
place of residence of the party by whom the proceedings are to be instituted
and the relief which the party claims.
249. Legal proceedings.- (1) Any legal proceedings which,
but for the Constitution, could have been brought by or against the Federation
in respect of a matter which, immediately before the commencing day, was the
responsibility of the Federation and has, under the Constitution, become the
responsibility of a Province, shall be brought by or against the Province
concerned; and if any such legal proceedings were pending in any court
immediately before the commencing day then, in those proceedings, for the
Federation the Province concerned shall, as from that day, be deemed to have
been substituted.
(2) Any legal proceedings which,
but for the Constitution, could have been brought by or against a Province in
respect of a matter which, immediately before the commencing day, was the responsibility
of the Province and has under the Constitution become the responsibility of the
Federation, shall be brought by or against the Federation; and if any such
legal proceedings were pending in any court immediately before the commencing
day then, in those proceedings, for the Province the Federation shall, as from
that day, be deemed to have been substituted.
250. Salaries,
allowances, etc., of the President, etc.___ (1) Within two years from the
commencing day, provision shall be made by law for determining the salaries,
allowances and privileges of the President, the Speaker and Deputy Speaker and
a member of the National Assembly or a Provincial Assembly, the Chairman and
Deputy Chairman and a member of the Senate, the Prime Minister, a Federal
Minister, a Minister of State, a Chief Minister, a Provincial Minister and the
Chief Election Commissioner.
(2) Until other provision is
made by law,---
(a) the salaries, allowances and privileges of the President, the
Speaker or Deputy Speaker or a member of the National Assembly or a Provincial
Assembly, a Federal Minister, a Minister of a State, 1* * a Chief Minister, a
Provincial Minister and the Chief Election Commissioner shall be same as the
salaries, allowances and privileges to which the President, the Speaker or
Deputy Speaker or member of the National Assembly of Pakistan or a Provincial
Assembly, a Federal Minister, a Minister of State, 1* * a Chief Minister, a
Provincial Minister or, as the case may be, the Chief Election Commissioner was
entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the
Deputy Chairman, the Prime Minister and a member of the Senate shall be such as
the President may by Order determine.
(3) The salary, allowances and
privileges of a person holding office as,---
(a) the President;
(b) the Chairman or Deputy Chairman;
(c) the Speaker or Deputy Speaker of the National Assembly or a
Provincial Assembly;
(d) a Governor;
(e) the Chief Election Commissioner; or
(f) the Auditor-General;
shall not be varied to his disadvantage during his term of office.
(4) At any time when the
Chairman or Speaker is acting as President, he shall be entitled to the same
salary, allowances and privileges as President but shall not exercise any of
the functions of the office of Chairman or Speaker member of 2[Majlis-e-Shoora (Parliament)],
or be entitled to salary, allowances or privileges as Chairman, Speaker or such
a member.
1 The
words and comma “a Governor,” omitted by the Constitution (First Amdt.) Act,
1974 (33 of 1974), s. 13, (w.e.f. the 4th May, 1974).
2 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
251. National language.___ (1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.
(2) Subject to clause (1), the
English language may be used for official purposes until arrangements are made
for its replacement by Urdu.
(3) Without prejudice to the
status of the National language, a Provincial Assembly may by law prescribe
measures for the teaching, promotion and use of a Provincial language in
addition to the National language.
252. Special provisions in relation
to major ports and aerodromes.___ (1) Notwithstanding anything
contained in the Constitution or in any law, the President may, by public
notification, direct that, for a period not exceeding three months from a
specified date, a specified law, whether a Federal law or a Provincial law,
shall not apply to a specified major port or major aerodrome, or shall apply to
a specified major port or major aerodrome subject to specified exceptions or
modifications.
(2) The giving of a direction
under this Article in relation to any law shall not affect the operation of the
law prior to the date specified in the direction.
253. Maximum limits as to
property, etc.___ (1) 1[Majlis-e-Shoora (Parliament)]
may by law,---
(a) prescribe the maximum limits as to property or any class thereof
which may be owned, held, possessed or controlled by any person; and
(b) declare that any trade, business, industry or service specified in
such law shall be carried on or owned, to the exclusion, complete or partial,
of other persons, by the Federal Government or a Provincial Government, or by a
corporation controlled by any such Government.
(2) Any law which permits a
person to own beneficially or possess beneficially an area of land greater than
that which, immediately before the commencing day, he could have lawfully owned
beneficially or possessed beneficially shall be invalid.
254. Failure to comply with
requirement as to time does not render an act invalid. When any act or thing is
required by the Constitution to be done within a particular period and it is
not done within that period, the doing of the act or thing shall not be invalid
or otherwise ineffective by reason only that it was not done within that
period.
255. Oath of office.___ (1) An oath required to be made
by a person under the Constitution shall 2[preferably be made in Urdu or]
a language that is understood by that person.
(2) Where, under the
Constitution, an oath is required to be made before a specified person and, for
any reason, it is impracticable for the oath to be made before that person, it
may be made before such other person as may be nominated by that person.
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2 Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for be made in‖.
the oath to be made before that
person, it may be made before such other person as may be nominated by that
person.
(3) Where, under the
Constitution, a person is required to make an oath before he enters upon an
office, he shall be deemed to have entered upon the office on the day on which
he makes the oath.
256. Private armies forbidden. No private organisation capable
of functioning as a military organisation shall be formed, and any such
organisation shall be illegal.
257. Provision relating to the State
of
258. Government of territories
outside Provinces. Subject to the Constitution, until 1[Majlis-e-Shoora
(Parliament)] by law otherwise provides, the President may, by Order, make
provision for peace and good government of any part of
259. Awards.___(1) No citizen shall accept any
title, honour or decoration from any foreign State except with the approval of
the Federal Government.
(2) No title, honour or
decoration shall be conferred by the Federal Government or any Provincial
Government on any citizen, but the President may award decorations in
recognition of gallantry 2[,meritorious service in the
Armed Forces] 3[,academic distinction or
distinction in the field of sports or nursing], as provided by Federal law.
(3) All titles, honours and
decorations awarded to citizens by any authority in Pakistan before the
commencing day other-wise than in recognition of gallantry 4[,meritorious service in the
Armed Forces] or academic distinction shall stand annulled.
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2 Ins. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 14, (w.e.f. the 4th May, 1974).
3 Subs. by the Constitution
(Third Amdt.) Order, 1981 (P. O. No. 12 of 1981), Art. 2, for “or academic
distinction”.
4 Ins. and shall be deemed
always to have been so ins. by Act, 33 of 1974, s. 14, (w.e.f. the 4th May,
1974).
CHAPTER 5. – INTERPRETATION
260. Definitions.- (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 1[Majlis-e-Shoora
(Parliament)]” means an Act passed by 1[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 purposes of the law relating to
income-tax;
“Article” means Article of the
Constitution;
“borrow” 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;
2[“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;]
“citizen” means a citizen of
Pakistan as defined by law;
“clause” means clause of the
Article in which it occurs;
3* * * * * * * * *
“corporation tax” means any tax
on 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;
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Ins. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 15.
3The definition of Expression
consultation omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10
of2010), s. 92.
(b) no deduction in respect of the tax paid by companies is, by any
law which may apply to the tax, authorised 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 law” has the same
meaning as in clause (7) of Article 268;
“Federal law” means a law made
by or under the authority of 1[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;
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
members of the Armed Forces does
not include persons who are not, for the time being, subject to any law
relating to 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 corporate;
“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, 2[Attorney-General,
3[Advocate-General,]
Parliamentary Secretary] or 4[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 a 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 1[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.
5[(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 Prophethood 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,
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Ins. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 15, (w.e.f. the 4th May, 1974).
3Ins. by the Constitution (Fifth
Amdt.) Act, 1976 (62 of 1976), s. 16, (w.e.f. the 13th September, 1976).
4Ins. by the Constitution
(Sixth Amdt.) Act, 1976 (84 of 1976), s. 5, (w.e.f. the 31st December, 1976).
5Subs. by the Constitution
(Third Amdt.) Order, 1985 (P. O. No. 24 of 1985), Art. 6, for “clause (3)”,
which was previously added by Act 49 of 1974, s. 3, (w.e.f. the 17th September,
1974).
Budhist 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. Person acting in office not
to be regarded as successor to previous occupant of office, etc. For the purposes of the
Constitution, a person who acts in 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. Gregorian calendar to be
used. For
the purposes of the Constitution, periods of time shall be reckoned according
to the Gregorian calendar.
263. Gender and number. 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. Effect of repeal of laws. 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 be imposed, as if the law had not
been repealed.
CHAPTER 6. – TITLE, COMMENCEMENT
AND REPEAL
265. Title of Constitution and
commencement.___ (1) This Constitution shall be
known as the Constitution of the Islamic Republic of Pakistan.
(2) Subject to clauses (3) and
(4), the Constitution shall come into force on the fourteenth day of August,
one thousand nine hundred and seventy-three or on such earlier day as the
President may, by notification in the official Gazette, appoint, in the
Constitution referred to as the “commencing day”.
(3) The Constitution shall, to
the extent necessary.- (a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
(c) for the election of the President and the Prime Minister to be
held; and
(d) to enable any other thing to be done which, for the purposes of
the Constitution, it is necessary to do before the commencing day,
come into force upon the
enactment of the Constitution, but the person elected as President or Prime
Minister shall not enter upon his office before the commencing day.
(4) Where by the Constitution a
power is conferred to make rules or to issue orders with respect to the
enforcement of any provision thereof, or with respect to the establishment of
any court or office, or the appointment of any Judge or officer there-under, or
with respect to the person by whom, or the time when, or the place where, or
the manner in which, anything is to be done under any such provision, then that
power may be exercised at any time between the enactment of the Constitution
and its commencement.
266.
Repeal. The Interim Constitution of the Islamic Republic of Pakistan,
together with the Acts and President”s Orders making omissions from, additions
to, modifications of, or amendments in, that Constitution is hereby repealed.
CHAPTER 7. – TRANSITIONAL
267. Power of President to
remove difficulties.___ (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.
1[267A. Power to remove difficulties. If any difficulty arises in
giving effect to the provisions of the Constitution (Eighteenth Amendment) Act,
2010, hereinafter in this Article referred to as the Act, or for bringing the
provisions of the Act into effective operation, the matter shall be laid before
both Houses in a joint sitting which may by a resolution direct that the
provisions of the Act shall, during such period as may be specified in the
resolution, have effect, subject to such adaptations, whether by way of
modification, addition or omission, as may be deemed necessary or expedient:---
Provided that this power shall
be available for a period of one year from the commencement of the Act.
267B. Removal of doubt. For removal of doubt it is
hereby declared that Article 152A omitted and Articles 179 and 195
substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III
of 2003), notwithstanding its repeal, shall be deemed always to have been
so omitted and substituted.]
1New Articles 267A and 267B
ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 93.
268. Continuance in force, and adaptation of certain laws.___ (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.
1* * * * * * * * *
(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
adaptations, 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 2authorise 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,
bye-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 extra-territorial 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.
1Clause (2) omitted ibid., s.
94.
2For such authorization, see
Gaz. of Pak., 1973, Ext., Pt. II, p. 2001.
269. Validation of law, acts,
etc.- (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 Law
Regulations, Martial Law Orders, enactments, notifications, rules, orders or
bye-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 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) 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. Temporary validation of
certain laws, etc.___ (1) 1[Majlis-e-Shoora (Parliament)]
may by law made in the manner prescribed for legislation 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 1[Majlis-e-Shoora
(Parliament)] under clause (1) shall not be questioned in any court on any
ground, whatsoever.
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
(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 bye-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 by1[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.
2[3[270A . Affirmation of President’s Orders,
etc..— (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), 4* * * the Revival
of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), the Constitution
(Second Amendment) Order, 1985 (P.O. No. 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,1977, and the date on which this Article comes into force
are hereby affirmed, adopted and declared, notwithstanding any judgement of any
court, to have been validly made by competent authority and, notwith-standing
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
1Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
2Articles 270A and 270B ins. by
P. O. No. 14 of 1985, Art. 2 and Sch.,
3Article 270A subs. by the
Constitution (Eighth Amdt.) Act. 1985 (18 of 1985) s. 19, for “Art. 270A”
(w.e.f. 30-12-1985) vide S.R.O. No. 1279(1)/85, dated 29-12-85 read with
Proclamation of Withdrawal of Martial Law, dated 30-12-85, see Gaz. of Pak.,
1985, Ext., Pt. 1. pp. 431-432.
4Certain words omitted by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 95.
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 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 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 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 judgement 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 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 Order's, Ordinances, Martial Law
Regulations, 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 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) The
laws referred to in clause (1) may be amended by the appropriate Legislature in
the manner provided for amendment of such laws.]
2[270AA. Declaration and continuance of laws etc. (1) The Proclamation of
Emergency of the fourteenth day of October, 1999, the Provisional Constitution
Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000),
Chief Executive's Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002,
the amendment made in the Constitution through the Legal Framework Order, 2002
(Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment)
Order, 2002 (Chief Executive's Order No. 29 of 2002) and the Legal Framework
(Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002),
notwithstanding any judgement of any court including the Supreme Court or a
High Court, are hereby declared as having been made without lawful authority
and of no legal effect.
(2) Except as provided in clause
(1) and subject to the provisions of the Constitution (Eighteenth Amendment)
Act, 2010, all laws including President‘s Orders, Acts, Ordinances, Chief
Executive‘s Orders, regulations, enactments, notifications, rules, orders or
bye-laws made between the twelfth day of October, one thousand nine hundred and
ninety-nine and the thirty-first day of December, two thousand and three (both
days inclusive) and still in force shall, continue to be in force until
altered, repealed or amended by the competent authority.
Explanation.— For the purposes of clause (2)
and clause (6),competent authority means,---
(a) in respect of President's Orders, Ordinances, Chief Executive's
Orders and all other laws, the appropriate Legislature; and
(b) in respect of notification, rules, orders and bye-laws, the
authority in which the power to make, alter, repeal or amend the same vests
under the law.
(3) Notwithstanding anything
contained in the Constitution or clause (1), or judgement of any court
including the Supreme Court or High Court,—
(a) Judges of the Supreme Court, High Courts and Federal Shariat Court
who were holding the office of a Judge or
1Subs. by the Constitution
(Eighteenth Amendment) Act, 2010, (10 of 2010), s. 95, for ―clause (6)‖.
2Subs. ibid. for ―Article
270AA, s. 96.
were appointed as such, and had taken oath under the Oath of
Office (Judges) Order, 2000 (1 of
2000), shall be deemed to have continued to hold the office as a
Judge or to have been appointed as such, as the case may be, under the
Constitution, and such continuance or
appointment, shall have effect accordingly.
(b) Judges of
the Supreme Court, High Courts and Federal
Shariat Court who not having been given or taken oath under the Oath of Office
of (Judges) Order, 2000 (1 of 2000), and ceased to hold the office of a Judge
shall, for the purposes of pensionary benefits only, be deemed to have
continued to hold office under the Constitution till their date of
superannuation.
(4) All orders made, proceedings
taken, appointments made, including secondments and deputations, 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 twelfth day of October,
one thousand nine hundred and ninety-nine, and the thirty first day of
December, two thousand and three (both days inclusive), in exercise of the
powers derived from any authority or laws mentioned in clause (2), or in
execution of or in compliance with any orders made or sentences passed by any authority
in the exercise or purported exercise of powers as aforesaid, shall,
notwithstanding anything contained in clause (1), be deemed to be valid and
shall not be called in question in any court or forum on any ground whatsoever.
(5) No suit, prosecution or
other legal proceedings including writ petitions, shall lie in any court or
forum 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 clause (4) or in
execution of or in compliance with orders made or sentences passed in exercise
or purported exercise of such powers.
(6) Notwithstanding
omission of the Concurrent Legislative List by the Constitution
(Eighteenth Amendment) Act, 2010, all laws with respect, to any of the matters
enumerated in the said List (including Ordinances, Orders,
rules, bye-laws, regulations and notifications
and other legal instruments having the force of law) in force in Pakistan or
any part thereof, or having extra-territorial operation, immediately before the
commencement of the Constitution (Eighteenth Amendment) Act 2010, shall
continue to remain in force until altered, repealed or amended by the competent
authority.
(7)
Notwithstanding anything contained in the Constitution, all taxes and fees
levied under any law in force immediately before the commencement of the
Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied
until they are varied or abolished by an Act of the appropriate legislature.
(8) On the omission of the
Concurrent Legislative List, the process of devolution of the matters mentioned
in the said List to the Provinces shall be completed by the thirtieth day of
June, two thousand and eleven.
(9) For purposes of the
devolution process under clause (8), the Federal Government shall constitute an
Implementation Commission as it may deem fit within fifteen days of the
commencement of the Constitution (Eighteenth Amendment) Act, 2010.]
4[270B. Elections to be deemed to
be held under Constitution. Notwithstanding anything contained in the Constitution, the
elections held under the Houses of (Parliament) and Provincial Assemblies
(Elections) Order, 1977,1[and the Conduct of
General Elections Order, 2002 (Chief Executive's Order No. 7 of 2002),] to the
Houses and the Provincial Assemblies shall be deemed to have been held under
the Constitution and shall have effect accordingly].
2[270BB. General Elections 2008.__ Notwithstanding anything
contained in the Constitution or any other law for the time being in force, the
General Elections 2008, to the National Assembly and the Provincial Assemblies
held on the eighteenth day of February, two thousand and eight shall be deemed
to have been held under the Constitution and shall have effect accordingly.].
3* * * * * * * * *
1Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 97, and shall be deemed always to
have been so, ins. with affect from the 21st day of August 2002.
2New Article 270BB Ins., ibid.,
s. 98.
3Article 270C stands omitted as
a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2
and Article 270AA.
4P. O, 14 of 1985.
[271. First National Assembly. ___(1) Notwithstanding anything
contained in the Constitution but subject to2[Article 63,]
Article 64 and Article 223,---
3[(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 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 2[, 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.
1Art. 271 shall, during the
period of five years from the 27th October, 1973, have effect as if,—
(a) after clause (2) thereof, the following new clause was ins.,
namely:—”(2A) A person referred to in clause (2) shall resign one of his seats
at any time on or before the 10th day of November, 1973, and, if he does not so
resign, the seat to which he was elected first shall become vacant.”; and
(b) in clause (3) thereof, after the words “election petition”,
the words “or other-wise” were inserted, see the Removal of Difficulties (Bar
against Double Membership) Order, 1973 (P. O. No. 22 of 1973).
2Ins., by the Constitution
(Fourth Amdt.) Act, 1975 (71 of 1975), s. 9, (w.e.f. the 21st November, 1975).
3Subs. ibid.,
(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 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.
(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.
2272. First 1[constitution of] Senate.__ 3*Notwithstanding anything
contained in the Constitution, but subject to 4[Article 63 and] Article 223,---
(a) the Senate shall, until the first National Assembly under
Constitution continues in existences, 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 membership” 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
1 Ins. by the Constitution
(First Amdt.) Act, 1974 (33 of 1974), s. 16, (w.e.f. the 4th May, 1974).
2 Article 272 had, between the
9th June, 1973, and the 14th August, 1974, effect subject to the following
modifications made by the Election to the Senate Order, 1973 (P.O. No. 8 of
1973), namely:-
In the said Article, after clause (1), the following new clause
shall be added, namely:-
“(2) Until Parliament by law makes provision in that behalf, the
President may, for the purpose of the due constitution of, and election to, the
Senate, by Order, make provision for any of the matters referred to in—
(a) Paragraphs (d) and (e) of clause (1) of Article 63; (b)
Paragraphs (d), (e) and (f) of Article 222; and
(c) Article 225.”.
3The brackets and figure “(1)”
omitted by the Constitution (Fourth Amdt.) Act. ,1975 (71 of 1975), s. 10,
(w.e.f. 21st November, 1975).
4 Ins. ibid.
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 each
Province and two 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.
1273. First Provincial Assembly. (1) Notwithstanding anything
contained in the Constitution, but subject to 2[Article 63,] Article 64 and
Article 223,---
3[(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,
1 Article 273 shall, during the
period of five years from the 27th October, 1973, have effect as if, in clause
(2) thereof, after the words “elections petitions”, the words “or otherwise”
were ins., see. the Removal of Difficulties (Bar against Double Membership)
Order, 1973 (P.O. No. 22 of 1973).
2Ins. by the Constitution
(Fourth Amdt.) Act, 1975 (71 of 1975), s. 11, (w.e.f. the 21st November, 1975).
3Subs. ibid., (w.e.f. the 21st
November, 1975).
and, unless sooner dissolved,
shall continue until the fourteenth day of August, one thousand nine hundred
and seventy-seven; and reference “total membership” of the Assembly of a
Province in the Constitution shall be construed accordingly;]
(b) the qualifications and disqualifications for member-ship of the
first Assembly of a Province shall, except in case of members filling casual
vacancies 1[, 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. Vesting of property,
assets, rights, liabilities and obligations.- (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.
1 Ins. by the Constitution
(Fourth Amdt.) Act, 1975 (71 of 1975), s. 11, (w.e.f. the 21st November, 1975).
(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
the Federal Government, shall devolve upon the Federal Government.
275. Continuance in office of
persons in service of Pakistan, etc.- (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;
and
(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 1[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. Oath of first President. 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.
1 Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for
“Parliament”.
277. Transitional financial,
provisions.___ (1) The schedule or 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 moneys 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 be read as a reference to the Provincial Consolidated Fund of the
Province.
278. Accounts not audited before
commencing day. 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. Continuance of taxes. 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.
Continuance of Proclamation of Emergency. 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 purposes 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 1[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. ]
1 Added and shall be deemed
always to have been so added by the Constitution (Fifth Amdt) Act, 1976 (62 of
976), s. 17.
[ANNEX
(Article 2A)
The Objectives Resolution
Whereas sovereignty over the
entire universe belongs to Allah Almighty alone and the authority which He has
delegated to the State of Pakistan, through its people for being exercised
within the limits prescribed by Him is a sacred trust;
This Constituent Assembly
representing the people of Pakistan resolves to frame a constitution for the
sovereign independent State of Pakistan;
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 the Sunnah;
Wherein adequate provision shall
be made for the minorities to 2[freely] 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;
Wherein 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;
1New Annex ins. by P.O. No. 14
of 1985, Art. 2 and Sch.
2Ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 99.
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.
[Article 8(3) (b) and (4)]
Laws exempted from the operation
of Article 8 (1) and (2) PART I
1[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 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, 1975 (II
of 1975)].
2[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).
1The First Schedule as amended
by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 17, (w.e.f. the
4th May, 1974), has been subs. by the Constitution (Fourth Amdt.) Act, 1975 (71
of 1975), s. 12, (w.e.f. the 21st November, 1975).
2Entry 7 added by the
Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 18, (w.e.f. the 13th
September, 1976).
2. The Land Reforms (Amendment)
Act, 1975 (XXXIX of 1975).
1[3. The Flour Milling Control
and Development Act, 1976 (LVII of 1976).
4. The Rice Milling Control and
Development Act, 1976 (LVIII of 1976).
5. The Cotton Ginning Control
and Development Act, 1976 (LIX of 1976).]
2[6. The Pakistan Army Act, 1952
(XXXIX of 1952).
7. The Pakistan Air Force Act,
1953 (VI of 1953).
8. The Pakistan Navy Ordinance,
1961 (XXXV of 1961).
9. The Protection of Pakistan
Act, 2014 (X of 2014).]
IV. 4[Ordinance Promulgated by the
President
1. 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).
3[VI. Provincial Ordinance]
The Land Reforms (Pat Feeder
Canal) (Amendment) Ordinance, 1976].
1Entries 3 to 5 added by the
Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 18, (w.e.f. the 13th September, 1976).
2Added by Act I of 2015, S.No 3
(w.e.f 7.1.2015 valid upto two years)
3Sub-heading VI and the entry
added ibid.,
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 Co-operative 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
(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.
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 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.
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) Regulation, 1972.
23. The Co-operative Banks
(Repayment of Loans) (Punjab) Regulation, 1972.
24. The Co-operative 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).
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 Organisations
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 Wakf
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).]
[Article 41 (3)]
Election of President
1. The 2[Election Commission of
Pakistan] shall hold and conduct election to the office of President, and 2[Chief Election Commissioner]
shall be the Returning Officer for such election.
2. The 2[Election Commission of
Pakistan] shall 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 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 concents 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.
1Subs. by P. O. No. 14 of 1985,
Art. 2 and Sch., for “Second Schedule.”
2Subs. & inserted by the
Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s.10.
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 fixed 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 a new 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 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 the 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 by secret
ballot by means of ballot papers containing the names of all the candidates in
alphabetical order who have not withdrawn, and a 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 counterfoils, 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 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 Commissioner.
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
favour of each candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour 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
13. Ballot
papers shall be issued from a book of ballot papers with counterfoils, 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 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 Commissioner.
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
favour of each candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour 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 1[Election Commission of
Pakistan] may, by public notification, with the approval of the President, make
rules for carrying out the purposes of this Schedule.].
1Subs. by the Constitution
(Twentieth Amendment) Act, 2012 (V of 2012) s.10.
THIRD SCHEDULE
Oaths of Office
PRESIDENT
[Article 42]
I, , do solemnly swear that I am a
Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of
Allah, the Holy Quran being the last of them, the Prophethood of Muhammad
(peace be upon him) as the last of the Prophets and that there can be no
Prophet after him, the Day of Judgement, and all the requirements and teachings
of the Holy Quran and Sunnah:---
That I will bear true faith and
allegiance to Pakistan:
That, as President of Pakistan,
I will discharge my duties, and perform my functions, honestly, to the best of
my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan and the law, and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I
will do right to all manner of people, according to law, without fear or
favour, affection or ill-will:
And that I will not directly or
indirectly communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as President of
Pakistan, except as may be required for the due discharge of my duties as
President.
1[May Allah Almighty help and guide
me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2A, clause (2).
PRIME MINISTER
[Article 91 1[(5)]]
I, , do solemnly swear that I am a
Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah,
the Holy Quran being the last of them, the Prophethood of Muhammad (peace be
upon him) as the last of the Prophets and that there can be no Prophet after
him, the Day of Judgement, and all the requirements and teachings of the Holy
Quran and Sunnah:
That I will bear true faith and
allegiance to Pakistan:
That, as Prime Minister of
Pakistan, I will discharge my duties, and perform my functions, honestly, to
the best of my ability, faithfully in accordance with the Constitution of the
Islamic Republic of Pakistan and the law, and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I
will do right to all manner of people, according to law, without fear or
favour, affection or ill-will:
And that I will not directly or
indirectly communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as Prime Minister,
except as may be required for the due discharge of my duties as Prime Minister.
2[May Allah Almighty help and
guide me (A‘meen).]
____
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 100, for (3).
2Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
FEDERAL MINISTER OR MINISTER OF
STATE
[Article 92 (2)]
I, do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, as Federal Minister (or
Minister of State); I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity
of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I
will do right to all manner of people, according to law, without fear or
favour, affection or ill-will:
And that I will not directly or
indirectly communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as Federal Minister
(or Minister of State), except as may be required for the due discharge of my
duties as Federal Minister (or Minister of State), or as may be specially
permitted by the Prime Minister.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
SPEAKER OF NATIONAL ASSEMBLY OR
CHAIRMAN OF SENATE
[Articles 53(2) and 61]
I,________________________ ,do
solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Speaker of the National
Assembly (or Chairman of the Senate) and whenever I am called upon to act as
President of Pakistan, I will discharge my duties, and perform my functions
honestly, to the best of my ability, faithfully, in accordance with the
Constitution of the Islamic Republic of Pakistan the law and as Speaker of the
National Assembly in accordance with the rules of the Assembly (or as Chairman
of the Senate in accordance with the rules of the Senate), and always in the
interest of the sovereignty, integrity, well-being and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
1[May Allah Almighty help and
guide me (A’meen).]
1Added by P.O. No. 14 of 1985,
Art. 2 and Sch.
DEPUTY SPEAKER OF NATIONAL
ASSEMBLY OR DEPUTY CHAIRMAN OF SENATE
[Articles 53 (2) and 61]
I, , do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, whenever I am called upon to
act as Speaker of the National Assembly (or Chairman of the Senate), I will
discharge my duties, and perform my functions honestly, to the best of my
ability, faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan, the law and the rules of the Assembly (or Senate), and
always in the interest of the sovereignty, integrity, solidarity, well-being
and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
MEMBER OF NATIONAL ASSEMBLY OR
MEMBER OF SENATE
[Article 65]
I, , do solemnly swear that I
will bear true faith and allegiance to Pakistan:
That, as a member of the
National Assembly (or Senate), I will perform my functions honestly, to the
best of my ability, faithfully, in accordance with the Constitution of the
Islamic Republic of Pakistan, and the law, and the rules of the Assembly (or
Senate), and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan.
And that I will preserve,
protect and defend the Constitution of the Islamic Republic of Pakistan.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
GOVERNOR OF PROVINCE
[Article 102]
I, , do solemnly wear that I will
bear true faith and allegiance to Pakistan:
That, as the Governor of the
Province of______________ , I will discharge my duties, and perform my
functions, honestly, to the best of my ability, faithfully, in accordance with
the Constitution of the Islamic Republic of Pakistan, and the law and always in
the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I
will do right to all manner of people, according to law, without fear or
favour, affection or ill-will:
And that I will not directly or
indirectly communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as Governor of the
Province of
……………..………except as may be
required for the due discharge of my duties as Governor.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P.O. No. 14 of 1985,
Art. 2 and Sch.
CHIEF MINISTER OR PROVINCIAL
MINISTER
[Articles 1[130 (5)] and 132 (2)]
I, , do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, as a Chief Minister (or
Minister) of the Government of the Province of , , I will discharge my duties,
and perform my functions, honestly, to the best of my ability, faithfully, in accordance
with the Constitution of the Islamic Republic of Pakistan, and the law and
always in the interest of the sovereignty, integrity, solidarity, well-being
and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I
will do right to all manner of people, according to law, without fear or
favour, affection or ill-will:
And that I will not directly or
indirectly communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as Chief Minister
(or Minister) except as may be required for the due discharge of my duties as
Chief Minister (or Minister or as may be specially permitted by the Chief
Minister).
2[May Allah Almighty help and
guide me (A‘meen).]
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 100 for “131(4)”.
2Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
SPEAKER OF A PROVINCIAL ASSEMBLY
[Articles 53(2) and 127]
I, , do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, as Speaker of the
Provincial Assembly of the Province of…………………………………… 1[and whenever I am called upon
to act as Governor, I will discharge] my duties, and perform my functions,
honestly, to the best of my ability, faithfully, in accordance with the
Constitution of the Islamic Republic of Pakistan, the law and the rules of the
Assembly, and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
2[May Allah Almighty help and
guide me (A‘meen).]
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 100 for ―I will discharge‖.
2Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
DEPUTY SPEAKER OF A PROVINCIAL
ASSEMBLY
[Articles 53 (2) and 127]
I, , do solemnly swear that I
will bear true faith and allegiance to Pakistan:
That, whenever I am called upon
to act as Speaker of the Provincial Assembly of the Province of……………………….…, I
will discharge my duties, and perform my functions, honestly, to the best of my
ability, faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan, the law and the rules of the Assembly, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity
of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
MEMBER OF A PROVINCIAL ASSEMBLY
[Articles 65 and 127]
I, , do solemnly swear that I
will bear true faith and allegiance to Pakistan:
That, as a member of the
Provincial Assembly of……………………I will perform my functions, honestly, to the
best of my ability, faithfully, in accordance with the Constitution of the
Islamic Republic of Pakistan, the law and the rules of the Assembly, and always
in the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of Pakistan:
That I will strive to preserve
the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve,
protect and defend the Constitution of the Islamic Republic of Pakistan:
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P.O. No. 14 of 1985,
Art. 2 and Sch.
AUDITOR-GENERAL OF PAKISTAN
[Article 168 (2)]
I, ________ do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, as Auditor-General of
Pakistan, I will discharge my duties, and perform my functions, honestly,
faithfully, in accordance with the Constitution of the Islamic Republic of
Pakistan and the law and to the best of my knowledge, ability and judgement,
without fear or favour, affection or ill-will, and that I will not allow my
personal interest to influence my official conduct or my official decisions.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P.O. No. 14 of 1985,
Art. 2 and Sch.
CHIEF JUSTICE OF PAKISTAN OR OF
A HIGH COURT OR JUDGE OF THE SUPREME COURT OR A HIGH COURT
[Articles 178 and 194]
I, , do solemnly swear that I
will bear true faith and allegiance to Pakistan:
That, as Chief Justice of
Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a
Judge of the High Court for the Province or Provinces of……………………………..), I will
discharge my duties, and perform my functions, honestly, to the best of my
ability, and faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan and the law:
That I will abide by the code of
conduct issued by the Supreme Judicial Council:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P.O. No. 14 of 1985,
Art. 2 and Sch.
[CHIEF JUSTICE OR JUDGE OF THE
FEDERAL SHARIAT COURT
[Article 203C (7)]
I, , do solemnly swear that I will
bear true faith and allegiance to Pakistan:
That, as the Chief Justice of
the Federal Shariat Court (or a Judge of the Federal Shariat Court), I will
discharge my duties, and perform my functions, honestly, to the best of my
ability, and faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan and the law:
That I will not allow my
personal interest to influence my official conduct or my official decisions:
That I will abide by the code of
conduct issued by the Supreme Judicial Council:
That I will preserve, protect
and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances,
I will do right to all manner of people, according to law, without fear or
favour, affection or ill-will.
May Allah Almighty help and
guide me (A‘meen).]
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 100 for “Oath of Chief Justice or
a Judge of the Federal Shariat Court”.
CHIEF ELECTION COMMISSIONER 1[OR A MEMBER OF THE ELECTION
COMMISSION OF PAKISTAN]
[Article 214]
I, , do solemnly swear that as
Chief Election Commissioner 1[or, as the case may be, member
of the Election Commission of Pakistan] I will discharge my duties, and perform
my functions, honestly, to the best of my ability, faithfully, in accordance
with the Constitution of the Islamic Republic of Pakistan and the law, and
without fear or favour, affection or ill-will, and that I will not allow my
personal interest to influence my official conduct or my official decisions.
2[May Allah Almighty help and
guide me (A‘meen).]
1Added & inserted by the
Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s.11.
2Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
MEMBERS OF THE ARMED FORCES
[Article 244]
I, ,do solemnly swear that I will
bear true faith and allegiance to Pakistan and uphold the Constitution of the
Islamic Republic of Pakistan which embodies the will of the people, that I will
not engage myself in any political activities whatsoever and that I will
honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air
Force) as required by and under the law.
1[May Allah Almighty help and
guide me (A‘meen).]
1Added by P. O. No. 14 of 1985,
Art. 2 and Sch.,
FOURTH SCHEDULE
[Article 70 (6)]
LEGISLATIVE LISTS
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; persons 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
naturalisation.
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 Ombudsman.
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;
(c) ionizing radiations. 1[; and]
2[(d) boilers.]
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.
1Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 101 for the full stop.
2New sub-entry (d) added ibid.
* * * * * * * * * *
22. Aircraft and air navigation;
the provision of aerodromes; regulation and organisation 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, trade-marks and merchandise marks.
26. Opium so far as regards sale
for export.
27. Import and export across
customs frontiers as defined 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 futures
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.
2[32. International treaties,
conventions and agreements and International arbitration.]
1Entry “21” omitted b y the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 101.
2Subs. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 101 for “entry 32” .
* * * * * * * * * *
34. National highways and
strategic roads.
35. Federal surveys including
geological surveys and Federal meteorological organisations.
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.
1* * * * * * * * * *
39. Establishment of standards
of weights and measures.
1* * * * * * * * * *
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
Ministers, 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 excise, including
duties on salt, but not including duties on alcoholic liquors, opium and other
narcotics.
2* * * * * * * * * *
2* * * * * * * * * *
47. Taxes on income other than
agricultural income.
48. Taxes on corporations.
1Entries 33, 38 and 40 omitted
ibid.
2Entries 45 and 46 omitted by
the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 101.
[49. Taxes on the sales and
purchases of goods imported, exported, produced, manufactured or consumed 2[, except sales tax on
services.]]
50. Taxes on the capital value
of the assets, not including taxes on 3* * * 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 the taxes and duties specified in entries 44, 47, 48
and 49 or 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 authorised 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 4[Majlis-e-Shoora (Parliament)]
or relate to the Federation.
59. Matters incidental or
ancillary to any matter enumerated in this Part.
1Subs. by the Constitution
(Fifth Amdt.) Act, 1976 (62 of 1976), s. 19, for the “original entry 49”
(w.e.f. the 13th September,1976).
2Added by Act 10 of 2010, s.
101.
3The words ―on capital
gains omitted ibid.
4Subs. by the Revival of the
Constitution of 1973 Order, 1985 (P.O.No. 14 of 1985), Art.2 and Sch., for “Parliament”.
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 1[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.
2[4. Electricity.
5. Major ports, that is to say,
the declaration and delimitation of such ports, and the constitution and powers
of port authorities therein.
6. All regulatory authorities
established under a Federal law.
7. National planning and
national economic coordination including planning and coordination of
scientific and technological research.
8. Supervision and management of
public debt.
9. Census.
10. 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.
11. Legal, medical and other
professions.
1Subs. by the Constitution
(Fifth Amdt.) Act, 1976 (62 of 1976), s. 19, for “West Pakistan Water and Power
Development Authority and the West Pakistan Industrial Development Corporation”
(w.e.f. the 13th September, 1976).
2New entries 4, 5, 6, 7, 8, 9,
10, 11, 12 and 13 ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of
2010), s. 101.
12. Standards in institutions
for higher education and research, scientific and technical institutions.
13. Inter-provincial matters and
co-ordination.]
1[14.] Council of Common
Interests.
1[15.] Fees in respect of any of
the matters in this Part but not including fees taken in any court.
1[16.] Offences against laws with
respect to any of the matters in this Part.
1[17.] Inquiries and statistics
for the purposes of any of the matters in this Part.
1[18.] Matters incidental or
ancillary to any matter enumerated in this Part.
2* * * * * * * * * *
1Re-numbered entries 4,5, 6, 7,
and 8 the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 101.
2Concurrent Legislative List
and the Entries 1 to 47 omitted ibid.
FIFTH SCHEDULE
[Article 205]
Remuneration and Terms and
Conditions of Service of Judges
THE SUPREME COURT
1. There shall be paid to the
Chief Justice of Pakistan a salary of Rs. 1[9,900] per mensem, and to every
other Judge of the Supreme Court a salary of Rs. 1[9,500] per mensem 2[,or such higher salary as the
President may, from time to time, determine.]
2. Every Judge of the Supreme
Court shall be entitled to such privileges and allowances, and to such rights
in respect of leave of absence and pension, as may be determined by the
President, and until so determined, to the privileges, allowances and rights to
which, immediately before the commencing day, the Judges of the Supreme Court
of Pakistan were entitled.
3[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,
from 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.] |
*w.e.f. 1-12-2001, the salary
of the Chief Justice of Pakistan and other Judges of the Supreme Court has been
determined by the President to be Rs. 55,000 and Rs. 52,000 respectively vide
P.O. No. 2 of 2002, paragraph 2 (1), which was previously amended by P.O. No. 9
of 1991, P.O. No. 3 of 1995 and P.O. No. 4 of 1995. (w.e.,f. 27-7-1991, vide P.
O. No. 2 of 1997) the Chief Justice and a Judge of the Supreme Court on his
retirement or resignation shall be entitled to the minimum amount of pension
equal to 70% to the Chief Justice of his salary or as the case may be, a Judge
plus 5% of salary for each completed year of service either as the Chief
Justice or as the Judge not exceeding the maximum amount of pension equal to
85% of the said salary.
1Subs. by the Constitution
(Twelfth Amdt.) Act., 1991 (14 of 1991), s. 3, for “7,900” and “7,400”, which
was previously amended by P.O. No. 6 of 1985, Art. 2 (w.e.f. 1-7-1983).
2Added ibid.,
3Subs. ibid., for “paragraph 3rd.”
[4. The widow of a Judge of the
Supreme Court shall be entitled to a pension at the following rates, namely:---
(a) if the Judge dies after retirement-50 per cent of the net pension
payable to him; or
(b) if the Judge dies after having rendered not less than three years”
service as Judge and while still serving as such-50 per cent of the pension
admissible to him at the minimum rate.
5. The pension shall be payable
to the widow for life or, if she remarries, until her marriage.
6. If the widow dies, the
pension shall be payable—
(a) to the sons of the judge who are less than twenty-one years of
age, until they attain that age; and
(b) to the unmarried daughters of the Judge who are less than
twenty-one years of age, until they attain that age or are married,
whichever first occurs.]
1Added by P. O. No. 6 of 1985,
Art. 2, (w.e.f. the 1st July, 1981).
THE HIGH COURT
1. *There shall be paid to the Chief
Justice of a High Court a salary of Rs. 1[9,400] per mensem, and to every
other Judge of a High Court a salary of Rs. 1[8,400] per mensem 2[,or such higher salary as the
President may, from time to time, determine.]
2. Every Judge of a High Court
shall be entitled to such privileges and allowances, and to such rights in
respect of leave of absence and pension, as may be determined by the President,
and until so determined, to the privileges, allowances and rights to which,
immediately before the commencing day, the Judges of the High Court were
entitled.
3[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 length of 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.5,6540 |
Rs. 7,050 |
|
Other
Judge |
Rs. 5,040 |
Rs.
6,300] |
4[4. The widow of a Judge of the
High Court shall be entitled to a pension at the following rates, namely:—
(a) if the Judge dies after retirement—50 per cent of the net pension
payable to him; or
* w..e.f. 1-12-2001, the
salary of the Chief Justice of High Court and other Judges of a High Court has
been determined by the President to be Rs. 51,000 and Rs. 49.000 respectively
vide P. O. No. 2 of 2002, paragraph 2 (1), which was previously amended by P.O.
No. 9 of 1991, P. O. No. 3 of 1995 and P. O. No. 4 of 1995.
(w.e.,f: 27-7-1991, vide P. O. No. 3 of 1997) the Chief Justice
and a Judge of the High Court on his retirement or resignation or removal shall
be entitled to the minimum pension equal to 70% of the salary on the completion
of 5 years service for pension as Judge and an extra pension @ 2% of such
salary for each subsequent completed year of service as Chief Justice or the
Judge including his service if any the maximum pension not exceeding 80% of the
salary.
1Subs. by the Constitution
(Twelfth Amdt.) Act., 1991 (14 of 1991). s. 3, for “7,200” and “6,500”. which
was previously amended by P.O. No. 6 of 1985. Art. 2 (w.e.f. 1-7-1983).
2Added ibid.,
3Subs. ibid., for “paragraph
3rd”.
4Added by P. O. No. 6 of 1985,
Art. 2, (w.e.f. the 1st July, 1981).
(b) if the Judge dies after having rendered not less than five years'
service as Judge and while still serving as such–50 per cent of the pension
admissible to him at the minimum rate.
5. The pension shall be payable
to the widow for life or, if she remarries, until her marriage.
6. If the widow dies, the
pension shall be payable
(a) to the sons of the Judge who are less than twenty-one years of
age, until they attain that age; and
(b) to the unmarried daughters of the Judge who are less than
twenty-one years of age, until they attain that age or are married, whichever
first occurs.]
1* * * * * * * * * *
1Sixth
Schedule and Seventh Schedule omitted by the Constitution (Eighteenth Amdt.)
Act, 2010 (10 of 2010), s. 102.