Preamble

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

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

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

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

Wherein the Muslims shall be enabled to order their lives in the individual and collective
spheres in accordance with the teachings and requirements of Islam as set out in the Holy
Quran and Sunnah;

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

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

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity

and before law, social, economic and political justice, and freedom of thought, expression,
belief, faith, worship and association, subject to law and public morality;

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

Wherein the independence of the judiciary shall be fully secured;

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

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

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

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

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

Dedicated to the preservation of democracy achieved by the unremitting struggle of the

people against oppression and tyranny;

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

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

PART I
Introductory

1. The Republic and its territories

(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of
Pakistan, hereinafter referred to as Pakistan.
[1](2) The territories of Pakistan shall comprise :-
(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and
Sind;
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal
Capital;
(c) Federally Administered Tribal Areas; and
(d) such States and territories as are or may be included in Pakistan, whether
by accession or otherwise.
(3) [2] [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 Pakistan.

[3]2A. The Objective 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.

3. Elimination of exploitation
The State shall ensure the elimination of all forms of exploitation and the gradual
fulfilment of the fundamental principle, from each according to his ability to each
according to his work.
4. 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 Pakistan.
(2) In particular :-
(a) no action detrimental to the life, liberty, body, reputation or property of any
person shall be taken except in accordance with law;
(b) no person shall be prevented from or be hindered in doing that which is not
prohibited by law; and
(c) no person shall be compelled to do that which the law does not require him to
do.

5. 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 [4] [inviolable] obligation of every
citizen wherever he may be and of every other person for the time being within
Pakistan.

6. High treason.
(1) Any person who abrogates or attempts or conspires to abrogate, subverts or
attempts or conspires to subvert the Constitution by use of force or show of force
or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be
guilty of high treason.
(3) [5] [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, [6]
[Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or
other authorities in Pakistan as are by law empowered to impose any tax or cess.

Chapter 1. FUNDAMENTAL RIGHTS

8. 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

[7]

(b) any of the

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

(ii) other laws specified in Part I of the First Schedule;

and no such law nor any provision thereof shall be void on the ground that such law or
provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two
years from the commencing day, the appropriate Legislature shall bring the laws specified in
[8][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 [9][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 without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under
any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting
in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof,
or external affairs of Pakistan, or public order, or the maintenance of supplies or services,
and no such law shall authorise the detention of a person for a period exceeding [10][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 [10][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.

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

(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, [11][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.

(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 [12] [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.

11. Slavery, forced labour, etc. prohibited.

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

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

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

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

(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 Pakistan at any time since the twenty-third day of
March, one thousand nine hundred and fifty-six, an offence.

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 Pakistan and to reside and settle
in any part thereof.

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.

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 [13] [sovereignty or integrity of
Pakistan, public order or morality].

[14][(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 [14A] [or public order] and such law
shall provide that where the Federal Government declare that any political party has
been formed or is operating in a manner prejudicial to the sovereignty or integrity of
Pakistan [14A][or public order], 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.

[14B][Provided that no political party shall promote sectarian, ethnic, regional hatred or
animosity, or be titled or constituted as a militant group or section.]

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

[14C]
 [(4) Every political party shall, subject to law, hold intra-party elections to elect its office-
bearers and party leaders.]

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

(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,[15][commission of] or incitement to an offence.

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, practise and propagate his religion; and

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

21. 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.

22. Safeguards as to educational institutions in respect of religion, etc.

 (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 Pakistan,
subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

24. Protection of property rights.

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

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

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

(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 sex alone.

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

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 [16][forty] years from the commencing day, posts
may be reserved for persons belonging to any class or area to secure their adequate
representation in the service of Pakistan:

Provided further that, in the interest of the said service, specified posts or services may be
reserved for members of either sex if such posts or services entail the performance of duties
and functions which cannot be adequately performed by members of the other sex.

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

28. 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.

PART II (contd)
Fundamental Rights and Principles of Policy
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 the National Assembly 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 or, as the case
may be, the Provincial Assembly, for discussion on such report.

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 or
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, [17][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.

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 Pakistan;

(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 Pakistan or otherwise, social security by
compulsory social insurance or other means;
 (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 Pakistan; and

(f) eliminate riba as early as possible.

39. Participation of people in Armed Forces.

The State shall enable people from all parts of Pakistan to participate in the Armed Forces of
Pakistan.

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 Latin America, promote international peace and security, foster goodwill and friendly
relations among all nations and encourage the settlement of international disputes by
peaceful means.

PART III
The Federation of Pakistan
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.

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

(a) the members of both Houses; and

(b) the members of the Provincial Assemblies.]

(4) Election to the office of President shall be held not earlier than sixty days and not later
than thirty days before the expiration of the term of the President in office;
Provided that, if the election cannot be held within the period aforesaid because the
National Assembly is dissolved, it shall be held within thirty days of the general election to
the Assembly.

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

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

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

[19][(7) The Chief Executive of the Islamic Republic of Pakistan-

(a)

shall relinquish the office of Chief Executive on such day as he may determine in accordance
with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and

(b)

having received the democratic mandate to serve the nation as President of Pakistan for a
period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding
anything contained in this Article or Article 43 or any other provision of the Constitution or
any other law for the time being in force, assume the office of President of Pakistan
forthwith and shall hold office for a term of five years under the Constitution, and Article 44
and other provisions of the Constitution shall apply accordingly.

[19A][Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and
from the 31st day of December, 2004.]

[19B]

[(8) Without prejudice to the provisions of clause (7), any member or members of a House of
Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not
later than thirty days from the commencement of the Constitution (Seventeenth
Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of
the President in office by majority of the members present and voting, by division or any
other method as prescribed in the rules made by the Federal Government under clause (9),
of the electoral college consisting of members of both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-
Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the
vote of confidence having been passed, the President, notwithstanding anything contained
in the Constitution or judgment of any court, shall be deemed to be elected to hold office for
a term of five years under the Constitution, and the same shall not be called in question in
any court or forum on any ground whatsoever.
 (9) Notwithstanding anything contained in the Constitution or any other law for the time
being in force, the proceedings for the vote of confidence referred to in clause (8) shall be
regulated and conducted by the Chief Election Commissioner in accordance with such
procedure and the votes shall be counted in such manner as may be prescribed by the rules
framed by the Federal Government:-

Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence
for the current term of the President in office.]

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 Pakistan or occupy any
other position carrying the right to remuneration for the rendering of services.

(2) The President shall not be a candidate for election as a member of [20][Majlis-e-Shoora
(Parliament)] or a Provincial Assembly; and, if a member of [20][Majlis-e-Shoora
(Parliament)] or a Provincial Assembly is elected as President, his seat in [20][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 term, continue to
hold office until his successor enters upon his office.

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

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

45. 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.

[21]

[46. Duties of Prime Minister in relation to President.

It shall be the duty of the Prime Minister:

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

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

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

47. Removal [22][or impeachment] of President.

[22A]
(1) Notwithstanding anything contained in the Constitution, the President may, in
accordance with the provisions of this Article, be removed from office on the ground of
physical or mental incapacity or impeached on a charge of violating the Constitution or gross
misconduct.

(2) Not less than one-half of the total membership of either House may give to the Speaker
of the National Assembly or, as the case may be, the Chairman written notice of its intention
to move a resolution for the removal of, or, as the case may be, to impeach, the President;
and such 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 [23]
[Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to
incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall
cease to hold office immediately on the passing of the resolution.

[24]

[48. President to act on advice, etc.

(1) In the exercise of his functions, the President shall act in accordance with the advice of
the Cabinet [25][or the Prime Minister].
 [26][Provided that the President may require the Cabinet or as the case may be, the Prime
Minister to reconsider such advice, either generally or otherwise, and the President shall act
in accordance with the advice tendered after such reconsideration.]

(2) Notwithstanding anything contained in clause (1), the President shall act in his discretion
in respect of any matter in respect of which he is empowered by the Constitution to do so
[26A][and the validity of anything done by the President in his discretion shall not be called
in question on any ground whatsoever].

[26B]

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

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

(a) appoint a date, not later than [26C] [ninety] days from the date of the dissolution, for the
holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.

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

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

49. 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.

PART III(contd)
The Federation of Pakistan
 Chapter 2. THE MAJLIS-E-SHOORA (Parliament)

Composition, Duration and Meetings of [27][Majlis-e-Shoora (Parliament)]

50. Majlis-e-Shoora (Parliament)
[28]
[There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and
two Houses to be known respectively as the National Assembly and the Senate.]

51. National Assembly.

[29]
[(1) There shall be three hundred and forty-two seats of the members in the National
Assembly, including seats reserved for women and non-Muslims.

(1A) The seats in the National Assembly referred to in clause (1), except as provided in
clause (2A), are allocated to each Province, the Federally Administered Tribal Areas
and the Federal Capital as under-

Genera Wome Tota

l n l

Balochistan 14 3 17

NWFP 35 8 43

The Punjab 148 35 183

Sind 61 14 75

FATA 12 - 12

Federal 2 - 2
Capital

Total 272 60 332

(2) A person shall be entitled to vote if:

(a) he is a citizen of Pakistan;

(b) he is not less than [30] [eighteen] years of age;

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

(d) he is not declared by a competent court to be of unsound mind [31] [.]

[32]
**
[33]
[(2A) In addition to the number of seats referred to in clause (1A), there shall be, in the
National Assembly, ten seats reserved for non-Muslims.]
 (3) The seats in the National Assembly shall be allocated to each Province, the Federally
Administered Tribal Areas and the Federal Capital on the basis of population in accordance
with the last preceding census officially published.
[34]
[(4) 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;

(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 (1A) 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 :
[34B]
[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.]

(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:
[34C]
[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.]

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;

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

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

54. Summoning and prorogation of Majlis-e-Shoora (Parliament).

(1) The President may, from time to time, summon either House or both Houses of [39]
[Majlis-e-Shoora (Parliament)] in joint sitting to meet at such time and place as he thinks fit
and may also prorogue the same.

(2) There shall be at least [40][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 [40A][thirty]
working days in each year.
[41]
[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 Voting in of the National Assembly shall be taken
by majority Assembly a of the members present and voting, but the person quorum.
presiding shall not vote except in the case of equality of votes.

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

56. Address by President.

[42]
[(1)] The President may address either House or both Houses assembled together and may
for that purpose require the attendance of the members.

[43]
[(2) The President may send messages to either House, whether with respect to a
Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to
which any message is so sent shall with all convenient dispatch consider any matter
required by the message to be taken into consideration.
[44]
[(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 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.

58. Dissolution of the National Assembly.

[46]
[(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 [47][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. [48] * * *
[49]
(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also
dissolve the National Assembly in his discretion where, in his opinion,:

(a)

a vote of no-confidence having been passed against the Prime Minister, no other member of
the National Assembly is likely to command the confidence of the majority of the 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; or
[49A]

(b)

a situation has arisen in which the Government of the Federation cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is
necessary.
[49B]
[(3) The President in case of dissolution of the National Assembly under paragraph (b) of
clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court
and the Supreme Court shall decide the reference within thirty days whose decision shall be
final.]

59. The Senate

[50]
[(1) The Senate shall consist of one-hundred members, of whom,-

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

(b) eight shall be elected [55A] *** from the Federally Administered Tribal Areas, in
such manner as the President may, by Order, prescribe;

(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.]

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

[56]
(3) The Senate shall not be subject to dissolution but the term of its members, who
shall retire as follows, shall be six years:-
 [57]
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the
expiration of the first three years and seven shall retire after the expiration of the next three
years.

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after
the expiration of the first three years and four shall retire after the expiration of the next
three years;
[57A]
(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;

[57B]
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire
after the expiration of the three years and two shall retire after the expiration of the
next three years; and

(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:

Provided that the term of office of a person elected [58][***] to fill a casual vacancy shall be
the unexpired term of the member whose vacancy he has filled.]

[59]

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 [60][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 [61][and as if, in the proviso to the said clause (2) of Article 54, for the words [62]"one
hundred and thirty" the word "ninety" were substituted].
 Provisions as to Members of [63][Majlis-e-Shoora (Parliament)]
[64]

[62. Qualifications for membership of Majlis-e-Shoora (Parliament).

A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora

(Parliament) unless :-

(a) he is a citizen of Pakistan;

[64B]
[(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 Pakistan, for election to a general seat or a seat reserved for non-
Muslims; and

(ii) any area in a Province from which he seeks membership for election to a seat
reserved for women.]

(c) he is, in the case of 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 or the Federally
Administered Tribal Areas, from where he seeks membership;

(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 practises obligatory duties
prescribed by Islam as well as abstains from major sins ;

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

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

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

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

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

(Parliament).]
[65]

[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 Pakistan, or acquires the citizenship of a foreign State; or

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

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

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

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of
Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the
maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or
which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or
[65A]
[(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt
practice, moral turpitude or misuse of power or authority under any law for the time being
in force; 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 or moral turpitude; 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 grounds of misconduct or moral turpitude; 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 is found guilty of a corrupt or illegal practice under any law for the time being in force,
unless a period of five years has elapsed from the date on which that order takes effect; or

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

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

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 share-holder 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; or

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.

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

(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
[65B]
[(p) he has been convicted and sentenced to imprisonment for having absconded by a
competent court under any law for the time being in force; or

(q) 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

(r) 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 [65BB][; or]
[65C]
[(s) 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.]
[65D]
[(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become
disqualified from being a member, the Speaker or, as the case may be, the Chairman
shall, within thirty days from raising of such question refer the question to the Chief
 Election Commissioner.]

[65E]
[(3) Where a question is referred to the Chief Election Commissioner under clause (2), he
shall lay such question before the Election Commission which shall give its decision
thereon not later than three months from its receipt by he Chief Election
Commissioner.]
[65F]

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 relations 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;

he may be declared in writing by the Head of the Parliamentary Party to have defected
from the political party, and the Head of the Parliamentary Party may forward a copy of the
declaration to the Presiding Officer, and shall similarly forward a copy thereof to the
member concerned:

Provided that before making the declaration, the Head of the Parliamentary Party shall
provide such member with an opportunity to show cause as to why such declaration may
not be made against him.

(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 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 three months
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.

64. Vacation of seats.

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

(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 [66] [Majlis-e-Shoora
(Parliament)], there shall be freedom of speech in [66][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 [66][Majlis-e-Shoora (Parliament)], and no person shall be so liable in
respect of the publication by or under the authority of [66][Majlis-e-Shoora (Parliament)] of
any report, paper, votes or proceedings.

(2) In other respects, the powers, immunities and privileges of [Majlis-e-Shoora,

(Parliament)], and the immunities and privileges of the members of [66] [Majlis-e-Shoora
(Parliament) ], shall be such as may from time to time be defined by law and, until so
defined, shall be such as were, immediately before the commencing day, enjoyed by the
National Assembly of Pakistan and the committees thereof and its members.

(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 person s who have the right to speak in, and
otherwise to take part in the proceedings of, [66] [Majlis-e-Shoora (Parliament)] as they apply
to members.

(5) In this Article, [66] [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 [67] rules for regulating its procedure and
the conduct of its business, and shall have power to act notwithstanding any vacancy in the
membership thereof, and any proceedings in the House shall not be invalid on the ground
that some persons who were not entitled to do so sat, voted or otherwise took part in the
proceedings.

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

68. Restriction on discussion in Majlis-e-Shoora (Parliament).

No discussion shall take place in [68] [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 Majlis-e-Shoora (Parliament).

(1) The validity of any proceedings in [68] [Majlis-e-Shoora (Parliament)] shall not be called in
question on the ground of any irregularity of procedure.

(2) No officer or member of [68] [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 [68] [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, [68] [Majlis-e-Shoora (Parliament)] has the same meaning as in
Article 66.

Legislative Procedure
[69]

[70. Introduction and passing of Bills.

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

(2) if a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety
days of its receipt or is passed with amendment, the Bill, at the request of the House in
which it originated, shall be [69A] [referred to a Mediation Committee constituted under
Article 71 for consideration and resolution thereon].

[69B]

[(3) Where a Bill is referred to the Mediation Committee under clause (2), the Mediation
Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by
both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before
each House and if both the Houses pass the Bill, it shall be presented to the President for
assent. President for assent.]

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

[69C]

71. Mediation Committee

(1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the date of
referral of the Bill by the House in which it was originated for consideration and
resolution by the Mediation Committee under clause (2) of Article 70 nominate eight
members each as members of a Mediation Committee.

(2) The House in which the Bill was originated shall nominate a member of the Mediation
Committee as Chairman of the Committee and the other House shall nominate a member
as the Vice-Chairman thereof.

(3) All decisions of the Mediation Committee shall be made by a majority of the total number
of members of each House in the Committee.

(4) The President may, in consultation with the Speaker of the National Assembly and
Chairman of the Senate, make rules for conduct of business of the Mediation Committee.

72. Procedure at joint sittings.

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

(2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as
may be determined by the rules made under clause (1), shall preside.
 (3) The rules made under clause (1) shall be laid before a joint sitting and may be added to,
varied, amended or replaced at a joint sitting.

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

73. Procedure with respect to Money Bill.

[70A]

[(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the
National Assembly.

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 seven days, make
recommendations thereon to the National Assembly.

(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 be presented to the President for assent.]

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

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

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

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

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

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

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

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

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

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

(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.
 (4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of
the National Assembly thereon shall be final.

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

74. 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 [72][Majlis-e-
Shoora (Parliament)] except by or with the consent of the Federal Government.
[73]

75. President's assent to Bills.

(1) When a Bill is presented to the President for assent, the President shall, within [74] [thirty]
days,-

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora
(Parliament) with a message requesting that the Bill, or any specified provision thereof, be
reconsidered and that any amendment specified in the message be considered.
[75]
[(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be
reconsidered by the Majlis-e-Shoora (Parliament) [75A] [* *] and, if it is again passed, with or
without amendment, by the Majlis-e-Shoora (Parliament), [75B] [in accordance with Article 70]
it shall be deemed for the purposes of the Constitution to have been passed by both Houses
and shall be presented to the President and the President shall not withhold assent
therefrom].

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

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

76. 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 [75] [Majlis-e-Shoora (Parliament)].

Financial Procedures
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 Or moneys into that Fund, the
withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of
the Federal Government, their payment into, and withdrawal from, the Public Account of
the Federation, and all matters connected with or ancillary to the matters aforesaid shall be
regulated by Act of [76] [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 receipts and expenditure of the Federal
Government for that year, in this Part referred to as the Annual Budget Statement.

(2) The Annual Budget Statement shall show separately-

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

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

81. 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;

(ii) the Chief Election Commissioner;

(iii) the Chairman and the Deputy Chairman;

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

(v) the Auditor-General;

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

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

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

(e) any other sums declared by the Constitution or by Act of [76] [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.

83. Authentication of schedule of authorised 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 a Supplementary Budget
Statement or, as the case may be, an Excess Budget Statement, setting out the amount of
that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as
they apply to the Annual Budget Statement.

85. 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 authorise 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) [76][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 [76] [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 [77]rules
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.

(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 [78] rules for regulating its procedure.

Ordinances
89. Power of President to promulgate Ordinances.

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

(2) An Ordinance promulgated under this Article shall have the same force and effect as an
Act of [79] [Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power
of [79] [Majlis-e-Shoora (Parliament)] to make law, but every such Ordinance-

(a) shall be laid-

 (i) before the National Assembly if it [80] [contains provisions dealing with all or any of the
matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of
four months from its promulgation or, if before the expiration of that period -a resolution
disapproving it is passed by the Assembly, upon the passing of that resolution;

(ii) before both Houses if it [81] [does not contain provisions dealing with any of the matters
referred to in sub-paragraph (i)], and shall stand repealed at the expiration of four months
from its promulgation or, if before the expiration of that period a resolution disapproving it
is passed by either House, upon the passing of that resolution; and

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

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

PART III(contd)
The Federation of Pakistan
Chapter 3. THE FEDERAL GOVERNMENT
[82]

[90. Exercise of executive authority of the Federation.

[83](1) The executive authority of the Federation shall vest in the President and shall be
exercised by him, either directly or through officers subordinate to him, in accordance with
the Constitution.

[84] [(2) Nothing contained in clause (1) shall :-

(a) be deemed to transfer to the President any functions conferred by any existing law on
the Government of any Province or other authority; or

(b) prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on authorities
other than the President]

[85]

[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 President shall in his discretion appoint from amongst the members of the
National Assembly a Prime Minister who, in his opinion, is most likely to command
the confidence of the majority of the members of the National Assembly.

[86] [(2A) Notwithstanding any-thing contained in clause (2), after the twentieth day of
March, one thousand nine hundred and ninety, the President shall invite the member of the
 National Assembly to be the Prime Minister who commands the confidence of the majority
of the members of the National Assembly, as ascertained in a session of the Assembly
summoned for the purpose in accordance with the provisions of the Constitution.]

(3) The person appointed under clause (2) [87] [or as the case may be, invited under clause
(2A)] shall, before entering upon the office, make before the President oath in the form set
out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of
confidence from the National Assembly.

(4) The Cabinet, together with the Ministers of State, shall be collectively responsible to the
National Assembly.

[88][(5) The Prime Minister shall hold office during the pleasure of the President, but the
President shall not exercise his powers under this clause unless he is satisfied that the Prime
Minister does not command the confidence of the majority of the members of the National
Assembly, in which case he shall summon the National Assembly and require the Prime
Minister to obtain a vote of confidence from the Assembly.]

(6) The Prime Minister may, by writing under his hand addressed to the President,
resign his office.

(7) 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 a member of
the Senate.

(8) 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 as Minister of State during any such period.]

[89]

[92. Federal Ministers and Ministers of State.

(1) Subject to clauses (7) and (8) 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 an d Ministers of State who are members of
the Senate shall not at any time exceed one-fourth of the number of Federal Ministers.

(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.]

[90]

[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.]

[91]

[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.]

[92]

[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 offce.]]

[93]

96.

[94]

96A.

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 [95] [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 by [95] [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, [95] [Majlis-e-Shoora (Parliament)]

may by law confer functions upon officers or authorities subordinate to the Federal
Government.

[96]

[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 President shall by rules specify the manner in which orders and other instruments
made and executed in his name 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.

(3) The President shall also make rules for the allocation and transaction of the business of
the Federal Government.]

100. Attorney-General for Pakistan.

(1) The President shall appoint a person, being a person qualified to be appointed a Judge of
the Supreme Court, to be the Attorney-General for Pakistan.

(2) The Attorney-General shall hold office during the pleasure of the President.

(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.

Part IV
Provinces
Chapter 1. THE GOVERNORS
101. Appointment of Governor.

(1) There shall be a Governor for each Province, who shall be appointed by the President [96A]
[in his discretion] [97] [after consultation with the Prime Minister.]

(2) A person shall not be appointed a Governor unless he is qualified to be elected as

member of the National Assembly and is not less that thirty-five years of age [98][:]

[99] * * *

[100] * * *

(3) The Governor shall hold office during the pleasure of the President [101] [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.

[102] [(5) The President may make such provision as he thinks fit for the discharge of the
functions of a Governor] [103] [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.

103. Conditions of Governor's office.

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

(2) The Governor shall not be a candidate for election as a member of [104] [Majlis-e-Shoora
(Parliament)] or a Provincial Assembly and, if a member of [104][Majlis-e-Shoora
(Parliament)] or a Provincial Assembly is appointed as Governor, his seat in [104][Majlis-e-
Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on
the day he enters upon his office.

104. Acting Governor.

When the governor is absent from Pakistan or is unable to perform the functions of his office
due to any cause, such other person as the President may direct shall act as Governor.

[105]

[ 105. Governor to act on advice, etc.

(1) Subject to the Constitution, in the performance of his functions, the Governor shall act in
accordance with the advice of the Cabinet, [106] [or the Chief Minister].
 [107] Provided that the Governor may require the Cabinet or, as the case may be, the Chief
Minister to reconsider such advice, whether generally or otherwise, and the Governor shall
act in accordance with the advice tendered after such reconsideration.

[108]

(2) The question whether any, and if so what, advice was tendered to the Governor by the
Chief Minister

[109] [or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other
authority.

(3) Where the Governor dissolves the Provincial Assembly, he shall appoint, in his discretion,
but with the previous approval of the President, a care-taker Cabinet.

(4) The powers conferred by the Article on the President shall be exercised by him in his
discretion.

(5) The provisions of clause [110] [(2)] of Article 48 shall have effect in relation to a Governor
as if reference therein to "President" were reference to "Governor".]

Part IV (contd)
Provinces
Chapter 2. PROVINCIAL ASSEMBLIES

106. Constitution of Provincial Assemblies.

[110A]

(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and
non-Muslims as specified herein below.

General Wome Non- Tota

seats n Muslims l

Baluchistan 51 11 3 65

The North-West Frontier 99 22 3 124

Province

The Punjab 297 66 8 371

Sind 130 29 9 168

(2) A person shall be entitled to vote if-

 (a) he is a citizen of Pakistan;

(b) he is not less than [111] [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 [112] [.]

[113]
***
[114]

(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:
[114A]
[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.]

[114B]
***

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 prorogatino 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.

112. Dissolution of Provincial Assembly.

[121][(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 [122] [notice or 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 or who is continuing
in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the
functions of the Chief Minister under clause (1) or clause (3) of Article 135.

[123] (2) The Governor may also dissolve the Provincial Assembly in his discretion, but
subject to the previous approval of the President, where, in his opinion:-

(a) a vote of no-confidence having been passed against the Chief Minister, no other member
of the Provincial Assembly is likely to command the confidence of the majority of the
members of the Provincial Assembly in accordance with the provisions of the Constitution,
as ascertained in a session of the Provincial Assembly summoned for the purpose; or
[123A]
(b) a situation has arisen in which the Government of the Province cannot be carried on
in accordance with the provisions of the Constitution and an appeal to the electorate is
necessary.
[123B]

[(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of
clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court
with the previous approval of the President and the Supreme Court shall decide the
reference within thirty days whose decision shall be final.]

[124]

[113. Qualifications and disqualifications for membership of Provoncial 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".]

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 purpose 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.

[125]

[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 [125] [thirty]
days,

(a)

assent to the Bill; or

(b)

in the case of a Bill other than a Money Bill, return the Bill to the 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.

[127]

[(3)
 When the Governor has returned a Bill to the Provincial Assembly it shall be reconsidered by
the Provincial Assembly and, if it is again passed, with or without amendment, by the
Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly
present and voting, it shall be again Presented to the Governor and the Governor shall not
withhold assent therefrom.]

(4)

When the Governor has assented to a Bill, it shall become law and be called an Act of
Provincial Assembly.

(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 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.

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 a 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 Consolidation Fund;

(d)

any sums required to satisfy any judgment, 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:

Provided that, for a period of ten years from the commencing day or the holding of the
second general election to the Provincial Assembly, whichever occurs later, a demand shall
be deemed to have been assented to 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 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 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 Article 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 [128][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; [129]***

(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
[130]
[; and]
 [131]

(g)

the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words "one
hundred and thirty" the word "seventy" were substituted.

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:

(a)

shall be laid before the Provincial Assembly and shall stand repealed at the expiration of three months
from its promulgation or, if before the expiration of that period a resolution disapproving it is passed
by the Assembly, upon the passing of that resolution; and

(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.

PART IV (contd)
Provinces
CHAPTER 3: THE PROVINCIAL GOVERNMENTS
[132]

[129. Exercise of executive authority of Province.

The executive authority of the Province shall vest in the Governor and shall be exercised by
him, either directly or though officers subordinate to him, in accordance with the
Constitution.]

[133]

[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.

(2)The Governor shall appoint from amongst the members of the Provincial Assembly a Chief
Minister who, in his opinion, is likely to command the confidence of the majority of the
members of the provincial Assembly.

[134][(2A) Notwithstanding anything contained in clause(2) after the twentieth day of

March, one thousand nine-hundred and eighty-eight, the Governor shall invite the member
of the Provincial Assembly to be the Chief Minister who commands the confidence of the
members of the Provincial Assembly, as ascertained in session of the Assembly summoned
for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office
on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance
with provisions of the Constitution.]

(3) The person appointed under clause(2) [135][or, as the case may be, invited under
clause(2A)] shall, before entering upon the office, make before the Governor oath in the
form set out in the Third Schedule and shall within a period of sixty days thereof obtain a
vote of confidence from the Provincial Assembly.

(4) The Cabinet shall be collectively responsible to the Provincial Assembly .

[136] [(5) The Chief Minister shall hold office during the pleasure of the Governor, but the
Governor shall not exercise his powers under this clause unless he is satisfied that the Chief
Minister does not command the confidence of the majority of the members of the Provincial
Assembly, in which case he shall summon the Provincial Assembly and require the Chief
Minister to obtain a vote of confidence from the Assembly.]

(6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his
office.

(7) 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.

(8) 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.]

[137]

[131. Duties of Chief Minister in relation to Governor.

It shall be the duty of the Chief Minister-

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

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

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

[138]

[132. Provincial Minister.

(1) Subject to clauses (7) and (8) 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.]

[139]

[140]

[141]

[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 (1) 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 [142][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 [142][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.
[143]

[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.

(2) The Governor shall by rules specify the manner in which orders and other instruments
made and executed in his name 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) The Governor shall also make rules for the
allocation and transaction of the business of the Provincial Government.]

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) The Advocate-General may, by writing under his hand addressed to the Governor, resign
his office.
[143A]

140A. Local government.

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.

Part V
 Relations Between Federation and Provinces
Chapter 1. DISTRIBUTION OF LEGISLATIVE POWERS

141. Extent of Federal and Provincial laws.

Subject to the Constitution, [144][Majlis-e-Shoora (Parliament)] may make laws (including

laws having extra-territorial operation ) for the whole or any part of Pakistan, and a
Provincial Assembly may make laws for the Province or any part thereof.

142. Subject-matter of Federal and Provincial laws.

Subject to the Constitution-

(a) [144] [Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with
respect to any matter in the Federal Legislative List;

(b) [144][Majlis-e-Shoora (Parliament)], and a Provincial Assembly also, shall have power to
make laws with respect to any matter in the Concurrent Legislative List;

(c)A Provincial Assembly shall, and [144][Majlis-e-Shoora (Parliament)] shall not, have power
to make laws with respect to any matter not enumerated in either the Federal Legislative
List or the Concurrent Legislative List; and

(d) [144][Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with respect
to matters not enumerated in either of the Lists for such areas in the Federation as are not
included in any Province.

143.Inconsistency between Federal and Provincial laws.

If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of

[144][Majlis-e-Shoora (Parliament)] which [144][Majlis-e-Shoora (Parliament)] is competent
to enact, or to any provision of any existing law with respect to any of the matters
enumerated in the Concurrent Legislative List, then the Act of [144][Majlis-e-Shoora
(Parliament)], whether passed before or after the Act of the Provincial Assembly, or, as the
case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to
the extent of the repugnancy, be void.

144.Power of [144][Majlis-e-Shoora (Parliament)] to legislate for two or more Provinces by

consent.

(1) If two or more Provincial Assemblies pass resolutions to the effect that [144][Majlis-e-
Shoora (Parliament)] may by law regulate any matter not enumerated in either List in the
Fourth Schedule, it shall be lawful for [144][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.

[145]****
 Part V (contd)
Relations Between Federation and Provinces
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 [146][Majlis-e-Shoora (Parliament)] may, notwithstanding 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.

(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.

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.

(2) The executive authority of the Federation shall also extend to the giving of directions to a
Province as to the carrying into execution therein of any Federal law which relates to a
matter specified in the Concurrent Legislative List and authorises the giving of such
directions.

(3) The executive authority of the Federation shall also extend to the giving of directions to a
Province as to the construction an d 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 tranquility or economic life of
Pakistan or any part thereof.

150. Full faith and credit for public acts, etc.

Full faith and credit shall be given throughout Pakistan to public acts and records, and
judicial proceedings of every Province.

151. Inter-Provincial trade

(1) Subject to clause (2), trade, commerce and intercourse throughout Pakistan shall be free.

(2) [146][Majlis-e-Shoora (Parliament)] may by law impose such restrictions on the freedom
of trade, commerce or intercourse 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 morality, or for the purpose of protecting animals or plants
from disease or preventing or alleviating any serious shortage in the Province of an 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 [146][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.

Part V (contd)
Relations Between Federation and Provinces
Chapter 3. SPECIAL PROVlSIONS

[147]

152A.

***

153. Council of Common Interests.

(1) There shall be a Council of Common Interests, in this Chapter referred to as the Council,
to be appointed by the President.

(2) The members of the Council shall be-

(a) the Chief Ministers of the Provinces, and

(b) an equal number of members from the Federal Government to be nominated by the
Prime Minister from time to time.

(3) The Prime Minister. if he is a member of the Council. shall be the Chairman of the Council
but, if at any time he is not a member, the President may nominate a Federal Minister who
is a member of the Council to be its Chairman.

(4) The Council shall be responsible to [148] [Majlis-e-Shoora (Parliament)].

154. Functions and rules of procedure.

(1) The Council shall formulate and regulate policies in relation to matters in Part II of the
Federal Legislative List and, in so far as it is in relation to the affairs of the Federation, the
 matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise
supervision and control over related institutions.

(2) The decisions of the Council shall be expressed in terms of the opinion of the majority.

(3) Until [148] [Majlis-e-Shoora (Parliament)] makes provision by law in this behalf,
the Council may make its rules of procedure.

(4) [148] [Majlis-e-Shoora (Parliament)] in joint sit ting 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 [148] [Majlis-e-Shoora (Parliament)] may
deem just and proper and such directions shall be binding on the Council.

(5) If the Federal Government or a Provincial Government is dissatisfied with a decision of

the council, it may refer the matter to [148] [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 or the Federally Administered Tribal
Areas, or any of the inhabitants thereof, in water from any natural source of supply 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

(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 [148] [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.

156. National Economic Council.

(1) The President shall constitute a National Economic Council consisting of the Prime
Minister, who shall be its Chairman. and such other members as the President may
determine:

Provided that the President shall nominate one member from each Province on the
recommendation of the Government of that Province.

(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 be guided by the, Principles of Policy set out in Chapter 2 of
Part II.

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.

(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:

(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.

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 Pakistan in meeting the requirements from the well-head, subject to the
commitments and obligations as on the commencing day.

159. Broadcasting and telecasting.

 (1) The Federal Government shall not un reasonably 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 telecasting shall be such as to secure
that effect can be given to the foregoing provisions of this Article.

(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
tranquility of Pakistan or any part thereof.

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 [149] constitute a National Finance Commission consisting of the
Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial
Governments, and such other persons as may be appointed by the President after
consultation with the Governors of the Provinces. (2) It shall be the duty of the National
Finance Commission to make recommendations to the President as to-

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

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

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

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

(3) The taxes refer red to in paragraph (a) of clause (2) are the following taxes raised under
the authority of [150] [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;

[151]

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

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

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

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

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

(4) As soon as may be after receiving the recommendation, of the National Finance
Commission, the President shall, by [152] Order, specify, in accordance with the
recommendations of the Commission under paragraph (a) of clause (2), the share of the net
proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and
that share shall be paid to the Government of the Province concerned, and, notwithstanding
the provision of Article 78 shall not form part of the Federal Consolidated Fund.

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

(6) At any time before an Order under clause (4) is made, the President may, by Order, make
such amendments or modifications in the law relating to the distribution of revenues
between the Federal Government and the Provincial Governments as he may deem
necessary or expedient.
 (7) The President may, by Order, make grants-in-aid of the revenues of the Provinces
in need of assistance and such grants shall be charged upon the Federal Consolidated
Fund.

161.Natural gas and hydro-electric power.

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

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

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

162. Prior sanction of President 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 purpose of the enactments relating to income-tax,
or which affects the principles on which under any of the foregoing provisions of this
Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in
the National Assembly except with the previous sanction of the President.

163. 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 [153] [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 [153] [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
[153] [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 [153] [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.

[154]

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

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

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

Part VI (contd)
Finance, Property, Contracts and Suits
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 Fun d within such limits, if any, as may from time to time be fixed by
Act of [155] [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 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.

Audit and Accounts

168. Auditor-General of Pakistan.

(1) There shall be an Auditor-General of Pakistan, who shall be appointed by the President.

(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.

(3) The terms and conditions of service, including the term of office, of the Auditor-
General shall be determined by Act of [Majlis-e-Shoora (Parliament)] and, until so
determined, by [156] 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 Pakistan before the expiration of two years after he has
ceased to hold that office.

(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 vacant or the Auditor-General is
absent or is unable to perform the functions of his office due to any cause, such other
person as the President may direct shall act 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 determined by or under Act of'
[157] [Majlis-e-Shoora (Parliament)] and, until so determined, by Order of the President.

170. Power of Auditor-General to give directions as to accounts.

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.

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 National Assembly
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.

Part VI (contd)
Finance, Property, Contracts and Suits
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
ocean within the territorial waters of Pakistan shall vest in 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 Pakistan and a Province may sue or be
sued by the name of the Province.

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 and such
other courts as may be established by law.

(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 [159] [fourteen]
years from the commencing day.

PART VII (contd)

The Judicature
Chapter 2. THE SUPREME COURT OF PAKISTAN

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 [160] [Majlis-e-
Shoora(Parliament)] or, until so determined, as may be fixed by the President.

177. Appointment of Supreme Court Judges.

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

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

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

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

178. 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.

[161]

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 [163] [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,

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.

[164] [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 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 Islamabad.

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

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

184. 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 judgments only.

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

185. Appellate Jurisdiction of Supreme Court.

(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine
appeals from judgments, decrees, final orders or sentences.

(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or
sentence

(a) if the High Court has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to transportation for life or imprisonment for life; or, on revision,
has enhanced a sentence to a sentence as aforesaid; or

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

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

(d) if the amount or value of the subject matter of the dispute in the court of first instance
was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as
may be specified in that behalf by Act of [166] [Majlis-e-Shoora(Parliament)] and the
judgment, decree or final order appealed from has varied or set aside the judgment, decree
or final order of the court immediately below; or

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

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

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

186. 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.

[167]

[186A.

The Supreme Court may, if it considers it expedient to do so in the interest of justice,

transfer any case, appeal or other proceedings pending before any High Court to any other
High Court.

187 Issue and Execution of Processes of Supreme Court.

(1) [168] [Subject to clause(2) of Article 175, the]Supreme Court shall have power to issue
such directions, orders or decrees as may be necessary for doing complete justice in any
case or matter pending before it, including an order for the purpose of securing the
attendance of any person or the discovery or production of any document.

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

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

188. Review of Judgments or Orders by the Supreme Court.

The Supreme Court shall have power, subject to the provisions of any Act of [169] [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 Pakistan.

190. Action in aid of Supreme Court.

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

191. Rules of Procedure.

Subject to the Constitution and law, the Supreme Court may make rules regulating the
practice and procedure of the Court.
 PART VII (contd)
The Judicature
Chapter 3. THE HIGH COURTS

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.

[170] [(2) The Sind and Baluchistan High Court shall cease to function as a common High
Court for the Provinces of Baluchistan and Sind.

(3) The President shall, by [171] Order, establish a High Court for each of the Provinces of
Baluchistan and Sind 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 [172] [Majlis-e-Shoora

(Parliament)], be extended to any area in Pakistan not forming part of a Province.

193. Appointment of High Court Judges.

(1) A Judge of a High Court shall be appointed by the President after consultation-

(a) with the Chief Justice of Pakistan;

(b) with the Governor concerned; and

except where the appointment is that of Chief Justice, with the Chief Justice of the High
Court.

(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan,
is not less than [172A] [forty-five years] of age, and-

(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 Pakistan at any time before
the commencing day); or

(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 Pakistan.
 [173] [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.

[174]

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,

the President shall appoint [176] [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.

[177]
[198. Seat of the High Court.

(1)] Each High Court in existence Sea immediately before the commencing day shall continue
to have its principal seat at the place where it had such seat before that day.

[178] [(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 Sind shall have a Bench at Sukkur; the Peshawar High Court shall have a
Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have
a Bench at Sibi.

(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

(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 11.

(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.

[179] [(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.]

[180] * * *

(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 [181] [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.

[182] [(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, [183] [State Property or] assessment or collection of public revenues shall
 cease to have effect on the expiration of a period of [184] [six months] following the day on
which it is made, [184A] [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]. ]

[185]

(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.

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
[186] [: ]

[187] [Provided that such consent, or consultation with the Chief Justices of the High
Courts, shah not be necessary if such transfer is for a period not exceeding [188] [two
years] at a time.

Explanation.-In this Article, "Judge" does not include a Chief Justice [189] [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].]

[190] [(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.]

[191] [(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. ]
 [192] [Explanation.- In this Article, "High Court" includes a Bench of a High Court. ]

[193] (4) A Judge of a High Court who.does not accept transfer to another High Court under
clause (1) 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.]

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. Hight Court to superintend Subordinate Courts

Each High Court shall supervise and control all courts subordinate to it.

PART VII (contd)

The Judicature
[194]
Chapter 3A. FEDERAL SHARIAT COURT

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

[195]
[(a) "Chief Justice" means, Chief Justice of the Court;]

(b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C;
[196]
[(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 [197] [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
 [198]

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.
[199]
[(2) The Court shall consist of not more than eight Muslim [200] [Judges], including the [201]
[Chief Justice], to be appointed by the President.]
[202]
[(3) The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge
of the Supreme Court or who is or has been a permanent Judge of a High Court.

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

(4) The [201] [Chief Justice] and a [200] [Judge] shall hold office for a period not exceeding three
years, but may be appointed for such further term or terms as the President may determine:

Provided that a Judge of a High Court shall not be appointed to be a Judge for a period
exceeding [203] [two years] except with his consent and [204] [, except where the Judge is,
himself the Chief Justice,] after consultation by the President with the Chief Justice of the
High Court.
[205]
[(4A) The [201] [Chief Justice], if he is not a Judge of the Supreme Court, and a [200] [Judge]
who is not a Judge of a High Court, may, by writing under his hand addressed to the
President, resign his office.]
[206]
[(4B) The President may, at any time, by order in writing,

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

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

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

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

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

(5) A Judge of a High Court who does not accept appointment as a [207] [Judge] shall be
deemed to have retired from his office and, on such retirement, shall be entitled to receive a
pension calculated on the basis of the length of his service as Judge and total service, if any,
in the service of Pakistan.
 (6) The Principal seat of the Court shall be at Islamabad, but Court may from time to time sit
in such other places in Pakistan as the [208] [Chief Justice] may, with the approval of the
President, appoint.

(7) Before entering upon office, the [208] [Chief Justice] and a [207] [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 [208] [Chief Justice] or a [207] [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 [208] [Chief Justice] or, as the case may be, [207] [Judge].

(9) A [208] [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same
[208A]
[remuneration], allowances and privileges as are admissible to a Judge of the Supreme
Court and a [207] [Judge] who is not a Judge of a High Court shall be entitled to the same [208A]
[remuneration], allowances and privileges as are admissible to a Judge of a High Court [208B] [:]
[208C]
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.]
[209]

203D Powers, Jurisdiction and Functions of the Court.

(1) The Court may, [210] [either of its own motion or] on the petition of a citizen of Pakistan or
the Federal Government or a Provincial Government, examine and decide the question
whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid
down in the Holy Quran and Sunnah of the Holy Prophet, hereinafter referred to as the
Injunctions of Islam.
[211]
[(1A) Where the Court takes up the examination of any law or provision of law under
clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions
of Islam, the Court shall cause to be given to the Federal Government in the case of a law
with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to
the Provincial Government in the case of a law with respect to a matter not enumerated in
either of those Lists, a notice specifying the particular provisions that appear to it to be so
repugnant, and afford to such Government adequate opportunity to have its point of view
placed before the Court.]

(2) If the Court decides that any law or provision of law is repugnant to the Injunctions of
Islam, it shall set out in its decision:

(a) the reasons for its holding that opinion; and

(b) the extent to which such law or provision is so repugnant; and specify the day on which
the decision shall take effect [212] [:]
 [213]
[Provided that no such decision shall be deemed to take effect before the expiration of
the period within which an appeal therefrom may be preferred to the Supreme Court or,
where an appeal has been so preferred, before the disposal of such appeal.]

(3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of
Islam,

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

(b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to
have effect on the day on which the decision of the Court takes effect.
[214]

[215]
[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.

(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 [216] [Article 203D.]
[217]
[(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 [218] [:]
[219]

[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.
[220]
[(2A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence
of the Federal Shariat Court-
 (a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused
person and sentenced him to death or imprisonment for life or imprisonment for a term
exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or

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

(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the
Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if
the Supreme Court grants leave to appeal.]
[221]
[(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there
shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench
and consisting of,

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

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

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

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

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

203G 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.
[222]
[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.
[223]

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.

(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; [224]

(b) the form of oath to be made by a jurisconsult, expert or witness appearing before the
Court [225] [;]
[226]
[(c) the powers and functions of the Court being exercised or performed by Benches
consisting of one or more members constituted by the Chief Justices;

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

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

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

PART VII (contd)

The Judicature
 Chapter 4: General Provisions Relating to The Judicature

[227]
[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.]

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.
[228]
[206 Resignation,

(1)] A Judge of the Supreme Court or a High Court may resign his office by writing under his
hand addressed to the President.
[229]
[(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 [230] [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.

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 Courts shall be determined with reference to their dates of appointment as
Chief Justice [231] [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.

(5) If, on information [231A] [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 Council to [231B] [, 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,

(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 [232] [provide 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 [233] [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.

(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 [234] [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 [235] [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, [236] [Majlis-e-Shoora (Parliament)] by [237] law
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.
[238]

[238A]

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 [239] [in his discretion.]
 (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.

(3) The Commissioner shall have such powers and functions as are conferred on him by the
Constitution and law.

214. Commissioner's 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

(1) The Commissioner shall, subject to this Article, hold office for a term of three years from
the day he enters upon his office:

Provided that the National Assembly may by resolution extend the term of the
Commissioner by a period not exceeding one year.

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

216. Commissioner not to hold office of profit.

(1) The Commissioner 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 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:

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; and

(b) a person who has held office as Commissioner may, with the concurrence of both
Houses, be reappointed to that office before the expiration of two years after he has ceased
to hold that office.
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.

[239A]

(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial
Assemblies and for election of such other public offices as may be specified by law or until
such law is made by the Majlis-e-Shoora (Parliament) by Order of the President, a
permanent Election Commission shall be constituted in accordance with this Article.

(2) The Election Commission shall consist of,

(a) the Commissioner who shall be Chairman of the Commission; and

(b) [239B] [four] members each of whom shall be a Judge of a High Court [239C] [from each
Province] appointed by the President after consultation with the Chief Justice of the High
Court concerned and with the Commissioner.

(3) It shall be the duty of the Election Commission constituted in relation to an election 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.

219. Duties of Commissioner.

The Commissioner 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

(c) appointing Election Tribunals.

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 [240] [Majlis-e-Shoora (Parliament)] by law otherwise provides, the Commissioner may,
with the approval of the President, make rules providing for the appointment by the
Commissioner of officers and servants to be employed in connection with the functions of
the Commissioner or an Election Commission and for their terms and conditions of
employment.

PART VIII (contd)

Elections
Chapter 2. Electoral Laws and Conduct of Elections

222. Electoral laws.

Subject to the Constitution, [240] [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

(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) A general election to the National Assembly or a Provincial Assembly shall be held within
a period of sixty days immediately [240A] [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 [240B] [:]
[240C]
Provided that on dissolution of an Assembly on completion of its term, the President, in
his discretion, or, as the case may be, the Governor, in his discretion but with the previous
approval of the President, shall appoint a care-taker Cabinet.

(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 [240D]
[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.
[240E]
 [(6) When a seat reserved for women or non-Muslims in the National Assembly or a
Provincial Assembly falls vacant, for 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
submitted to the Election Commission for the last general election by the political party
whose member has vacated such seat.

(7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under
Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly
on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of
the care-taker Cabinet shall not be eligible to contest the immediately following election of
such Assembly.]

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 Majlis-e-Shoora (Parliament).

226. Elections to be secret ballot.

All elections under the Constitution [241] shall be by secret ballot.

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.
[242]
[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 [243] constituted 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 [244] [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 four 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.
[245]
[(4) The President shall appoint one of the members of the Islamic Council to be
the Chairman thereof.]
(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 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 [246] [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 [246] [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.
(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 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 [247] procedure to
be made by the Council with approval of the President.

PART X
Emergency Provisions

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.
(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency
is in force,
[248]
(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or
any part thereof, with respect to any matter not enumerated in the Federal Legislative
List or the Concurrent Legislative List;]
(b) the executive authority of the Federation shall extend to the giving of directions to
a Province as to the manner in which the executive authority of the Province is to be
exercised, and
(c) the Federal Government may by [249] Order assume to itself, or direct the Governor
of a Province to assume on behalf of the Federal Government, all or any of the
functions of the Government of the Province, and all or any of the powers vested in,
or exercisable by, any body or authority in the Province other than the Provincial
Assembly, and make such incidental and consequential provisions as appear to the
Federal Government to be necessary or desirable for giving effect to the objects of the
Proclamation, including provisions for suspending, in whole or in part, the operation
of any provisions of the Constitution relating to any body or authority in the province:
Provided that nothing in paragraph (c) shall authorize the Federal Government
to assume to itself, or direct the Governor of the Province to assume on its
behalf, any of the powers vested in or exercisable by a High Court, or to
suspend either in whole or in part the operation of any provisions of the
Constitution relating to High Courts.
(3) The power of [250] [Majlis-e-Shoora (Parliament)] to make laws for a Province with
respect to any matter shall include power to make laws conferring powers and
imposing duties, or authorizing the conferring of powers and the imposition of duties
upon the Federation, or officers and authorities of the Federation, as respects that
matter.
(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make
any law which under the Constitution it has power to make but if any provision of a
Provincial law is repugnant to any provision of an Act of [250] [Majlis-e-Shoora
(Parliament)] which [250] [Majlis-e-Shoora (Parliament)] has under this Article power
to make, the Act of [250] [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 [250] [Majlis-e-Shoora (Parliament)]
continues to have effect, be void.
(5) A law made by [250] [Majlis-e-Shoora (Parliament)], which [250] [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, [250] [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 [251] which shall be
summoned by the President to meet within thirty days of the Proclamation being
issued and,
(a) shall cease to be in force at the expiration of two months unless before the
expiration of that period it has been approved by a resolution of the joint sitting; and
[252]
[(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 Order [253],
declare that the right to move any Court for the enforcement of such of the
Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the
Order, and any proceeding in any Court which is for the enforcement, or involves the
determination of any question as to the infringement, of any of the Rights so
specified, shall remain suspended for the period during which the Proclamation is in
force, and any such Order may be made in respect of the whole or any part of
Pakistan.
(3) Every Order made under this Article shall, as soon as may be, be laid before a
joint sitting [254] for approval and the provisions of clauses (7) and (8) of Article 232
shall apply to such an Order as they apply to a Proclamation of Emergency.
234. 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 or
otherwise, is satisfied that a situation has arisen in which the Government of the
Province cannot be carried on in accordance with the provisions of the Constitution,
the President may, or if a resolution in this behalf is passed at a joint sitting shall, by
Proclamation,
(a) assume to himself, or direct the Governor of the Province to assume on behalf of
the President, all or any of the functions of the Government of the Province, and all or
any of the powers vested in, or exercisable by, any body or authority in the Province,
other than the Provincial Assembly;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or
under the authority of, [250] [Majlis-e-Shoora (Parliament)]; and
(c) make such incidental and consequential provisions as appear to the President to be
necessary or desirable for giving effect to the objects of the Proclamation, including
provisions for suspending in whole or in part the operation of any provisions of the
Constitution relating to any body or authority in the Province:
Provided that nothing in this Article shall authorize the President to assume to
himself, or direct the Governor of the Province to assume on his behalf, any of
the powers vested in, or exercisable by, a High Court, or to suspend either in
whole or in part the operation of any provisions of the Constitution relating to
High Courts.
(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of
his functions under clause (1).
(3) A Proclamation issued under this Article shall be laid before a joint sitting and
shall cease to be in force at the expiration of two months, unless before the expiration
of that period it has been approved by resolution of the joint sitting and may by like
resolution be extended for a further period not exceeding two months at a time; but no
such Proclamation shall in any case remain in force for more than six months.
(4) Notwithstanding anything contained in clause (3), if the National Assembly stands
dissolved at the time when a Proclamation is issued under this Article, the
Proclamation shall continue in force for a period of three months but, if a general
election to the Assembly is not held before the expiration or that period, it shall cease
to be in force at the expiration of that period unless it has earlier been approved by a
resolution of the Senate.
(5) Where by a Proclamation issued under this Article it has been declared that the
powers of the Provincial Assembly shall be exercisable by or under the authority of
[250]
[Majlis-e-Shoora (Parliament)], it shall be competent-
(a) to [250] [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 [250] [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 [250] [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 [250] [Majlis-e-Shoora (Parliament)] in joint sitting; and
(d) to [250] [Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction
expenditure authorized by the President under paragraph (c).
(6) Any law made by [250] [Majlis-e-Shoora (Parliament)] or the President which [250]
[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 the Province.
(3) While a Proclamation issued under this Article is in force the President may issue
directions for the reduction of the salaries and allowances of all or any class of
persons serving in connection with the affairs of the Federation.
(4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation
issued under this Article as they apply to a Proclamation issued under that Article.
236. 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. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.
Nothing in the Constitution shall prevent [250] [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 [255][Majlis-e-Shoora
(Parliament)].
[256]

[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.
(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. Appointment to service of Pakistan and conditions of service.

Subject to the Constitution, the appointments to and the conditions of service of persons in
the service of Pakistan shall be determined-

(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 [257] [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 [257]
[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) [257] [Majlis-e-Shoora (Parliament)] in relation to the affairs of the Federation, and the
Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for
the establishment and constitution of a Public Service Commission.
[258]
(1A)[The Chairman of the Public Service Commission constituted in relation to the affairs
of the Federation shall be appointed by the President in his discretion.]

(2) A Public Service Commission shall perform such functions as may be prescribed
by law.

PART XII (contd)

Miscellaneous
Chapter 2. Armed Forces

243. Command of Armed Forces.

(1) The Federal Government shall have control and command of the Armed Forces.
[258A]
[(1A) Without prejudice to the generality of the foregoing provision, the Supreme
Command of the Armed Forces shall vest in the President.]

(2) 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; [258B] [and]

(b) to grant Commissions in such Forces [258C] [.]

[258D]

[258E]

[(3) The President shall, [258F] [in consultation with 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.

[259]
[(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.
[259A]
(2) The validity of any direction issued by the Federal Government under clause (1) shall
not be called in question in any court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in
which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in
pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in
respect of any proceeding pending immediately before the day on which the Armed Forces
start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the
day the Armed Forces start acting in aid of civil power and pending in any High Court shall
remain suspended for the period during which the Armed Forces are so acting.]

PART XII (contd)

Miscellaneous
Chapter 3. Tribal Areas

246. Tribal Areas.

In the Constitution,

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

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

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

(b) "Provincially Administered Tribal Areas" means

(i) The districts of Chitral, Dir and Swat (which includes Kalam), [260][the Tribal Area in
Kohistan district,] Malakand Protected Area, the Tribal Area adjoining [261][Mansehra] district
and the former State of Amb; and
 (ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District
and Marri and Bugti tribal territories of Sibi district; and

(c) Federally Administered Tribal Areas includes

(i) Tribal Areas adjoining Peshawar district;

(ii) Tribal Areas adjoining Kohat district;

(iii) Tribal Areas adjoining Bannu district;

(iv) Tribal Areas adjoining Dera Ismail Khan district;

[262]
[(v) Bajaur Agency;

(va) Orakzai Agency;]

(vi) Mohmand Agency;

(vii) Khyber Agency;

(viii) Kurram Agency;

(ix) North Waziristan Agency, and

(x) South Waziristan Agency.

247. Administration of Tribal Areas.

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

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

(3) No Act of [263][Majlis-e-Shoora (Parliament)] shall apply to any Federally Administered

Tribal Area or to any part thereof, unless the President so directs, and no Act of [263][Majlis-e-
Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially Administered
Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal
Area is situate, with the approval of the President, so directs; and in giving such a direction
with respect to any law, the President or, as the case may be, the Governor, may direct that
the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect
subject to such exceptions and modifications as may be specified in the direction.

(4) Notwithstanding anything contained in the Constitution, the President may, with respect
to any matter within the legislative competence of [263][Majlis-e-Shoora (Parliament)], and
the Governor of a Province, with the prior approval of the President, may, with respect to
any matter within the legislative competence of the Provincial Assembly make regulations
 for the peace and good government of a Provincially Administered Tribal Area or any part
thereof, situated in the Province.

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

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

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

(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the
Constitution in relation to a Tribal Area, unless [263][Majlis-e-Shoora (Parliament)] by law
otherwise provides:

Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a
High Court exercised in relation to a Tribal Area immediately before the commencing day.

PART XII (contd)

Miscellaneous
Chapter 4. General

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 by 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, [264] *** 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, [264] *** a Chief Minister, a Provincial Minister and the Chief Election
Commissioner shall be the 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, 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 [265][Majlis-e-Shoora (Parliament)],
or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.

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 leaching, 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) [266][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 [267][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.

(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 organization capable of functioning as a military organization shall be formed,

and any such organization shall be illegal.

257. Provision relating to the State of Jammu and Kashmir.

When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the
relationship between Pakistan and the State shall be determined in accordance with the
wishes of the people of that State.

258. Government of territories outside Provinces.

Subject to the Constitution, until [268][Majlis-e-Shoora (Parliament)] by law otherwise

provides, the President may, by Order, make provisions for peace and good government of
any part of Pakistan not forming part of a Province.

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[269][, meritorious service in the Armed Forces][270][, 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 otherwise than in recognition of gallantry[271][, meritorious
service in the Armed Forces] or academic distinction shall stand annulled.

PART XII (contd)

Miscellaneous
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 [272] [Majlis-e-Shoora (Parliament)]" means an Act passed by [272] [Majlis-e-Shoora

(Parliament)] or the National Assembly and assented to, or deemed to have been assented
to, by the President;

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

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

"Article" means Article of the Constitution;

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

"Chairman" means the Chairman of the Senate and, except in Article 49, includes a person
acting as Chairman of the Senate;
[273]

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

"citizen" means a citizen of Pakistan as defined by law;

"clause" means clause of the Article in which it occurs;

[273A]

["consultation" shall, save in respect of appointments of Judges of the Supreme Court and
High Courts, mean discussion and deliberation which shall not be binding on the President.]
"corporation tax" means any tax or income that is payable by companies and in respect of
which the following conditions apply:

(a) the tax is not chargeable in respect of agricultural income;

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

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

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

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

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

"Federal laws" means a law made by or under the authority of [272] [Majlis-e-Shoora
(Parliament)];

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

"goods" includes all materials, commodities and articles;

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

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

"House" means the Senate or the National Assembly;

"Joint sitting" means a joint sitting of the two Houses;

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

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

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

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

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

"oath" includes affirmation;

"Part" means Part of the Constitution;

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

"person" includes any body politic or corporals;

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

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

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

"remuneration" includes salary and pension;

"Schedule" means Schedule to the Constitution;

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

"Service of Pakistan" means any service, post or office in connection with the affairs of the
Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces
and any other service declared to be a service of Pakistan by or under Act of [274] [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, [275] [Attorney-General, [276] [Advocate-General,]
Parliamentary Secretary] or [277] [Chairman or member of a Law Commission, Chairman or
member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser
to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister] or
member of a House or a Provincial Assembly;

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

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

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

(2) In the Constitution "Act of [278] [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.
[279]
 [(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, Buddhist or Parsi community, a person of the Quadiani Group or
the Lahori Group who call themselves 'Ahmadis' or by any other name or a Bahai, and a
person belonging to any of the Scheduled Castes.]

261. Person acting in office not to be regarded as successor to previous occupant or office, etc.

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

262. Gregorian calendar to be used.

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

263. Gender and number.

(1) In the Constitution,

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

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

264. Effect or 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 he imposed, as if the
law had not been repealed.

PART XII (contd)

Miscellaneous
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 office thereunder, 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 provisions, 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.

PART XII (contd)

 Miscellaneous
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.

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.

(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended [279A] [,
expressly or impliedly,] without the previous sanction of the President [279B] [accorded after
consultation with the Prime Minister] [279C] [:]
[279D]
Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule
shall stand omitted after six years.

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

(4) The President may [280] authorise the Governor of a Province to exercise, in relation to the
Province, the powers conferred on the President by clause (3) in respect of laws relating to
matters with respect to which the Provincial Assembly has power to make laws.

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

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

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

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

269. Validation of laws, 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 low Regulations, Martial
Law Orders, enactments, notifications, rules, orders or by-laws, or in execution of any orders
made or sentences passed by any authority in the exercise or purported exercise of powers
as aforesaid, shall, notwithstanding any judgment of any count, be deemed to be and always
to have been validly made, taken or done and shall not be called in question in any court on
any ground whatsoever.

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

270. Temporary validation of certain laws, etc.

(1) [281] [Majlis-e-Shoora (Parliament)] may by law made in the manner prescribed for
legislations for a matter in Part I of the Federal Legislative List validate all Proclamations,
President's Orders, Martial Law Regulations, Martial Law Orders and other laws made
between the twenty-fifth day of March, one thousand nine hundred and sixty- nine and the
nineteenth day of December, one thousand nine hundred and seventy-one (both days
inclusive).
 (2) Notwithstanding a judgment of any court, a law made by [281] [Majlis-e-Shoora
(Parliament)] under clause (1) shall not be questioned in any court on any ground
whatsoever.

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

(4) All orders made, proceedings taken and acts done by any authority, or any person, which
were made, taken or done, or purported to have been made, taken or done, between the
twenty- fifth day of March, one thousand nine hundred and sixty-nine and nineteenth day of
December, one thousand nine hundred and seventy- one (both days inclusive), in exercise of
powers derived from any President's Orders, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or by-laws, or in execution of any order made or
sentence passed by any authority in the exercise or purported exercise of power as aforesaid
shall, notwithstanding any judgment of any court, be deemed to be and always to have been
validly made, taken or done, so however that any such order, proceeding or act may be
declared invalid by [281] [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.
[282]

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

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

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

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

Explanation. In this clause, Competent authority means-

(a) in respect of President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders
and enactments, the Legislature; and

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

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

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done
or purporting to be made, taken or done by any authority or person shall be deemed to have
been made, taken or done in good faith and for the purpose intended to be served thereby.
[283]
[(6) Such of the President's Orders and Ordinances referred to in clause (1) as are
specified in the Seventh Schedule may be amended in the manner provided for amendment
of the Constitution, and all other laws referred to in the said clause may be amended by the
appropriate Legislature in the manner provided for amendment of such laws.]

Explanation. In this Article, "President's Orders" includes "President and Chief

Martial Law Administrator's Orders" and "Chief Martial Law Administrator's
Orders."
[283A]

270-AA Validation and affirmation of laws, etc.

(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's
Orders, Ordinances, Chief Executive's Orders, including 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, the amendments 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), the Legal Framework
(Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) and all other
laws made between the twelfth day of October, one thousand nine hundred and ninety-
nine and the date on which this Article comes into force (both days inclusive), having
been duly made or accordingly affirmed, adopted and declared to have been validly made
by the competent authority and notwithstanding anything contained in the Constitution
shall not be called in question in any court or forum on any ground whatsoever.

(2) 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 date on which this Article
comes into force (both days inclusive), in exercise of the powers derived from any
Proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments,
including amendments in the Constitution, notifications, rules, orders, bye-laws 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 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 or forum on any ground whatsoever.

(3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws,
regulations, enactments, including amendments in the Constitution, notification, 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 the competent
authority.

Explanation: In this clause," competent authority" means,-

(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and

enactments, including amendments in the Constitution, 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, including writ petitions, shall lie in any
court or forum against any authority or any persons, 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 ,
appointments made, including secondments and deputations, 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.
[284]

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 [284A] [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.
[284B]

270C. Oath of office of Judges, etc.-

Notwithstanding anything contained in the Constitution, all persons appointed as Judges of

the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the
Oath of Office (Judges) Order, 2000 (1 of 2002), or not having been given or taken oath
under that Order have ceased to continue to hold the office of a Judge shall be deemed to
have been appointed or ceased to continue to hold such office, as the case may be, under
the Constitution and such appointment or cession of office shall have effect accordingly.
[285]

271. First National Assembly.

(1) Notwithstanding anything contained in the Constitution, but subject to [286] [Article 63,]
Article 64 and Article 223,-
[287]
[(a) the first National Assembly shall consist of-:

(i) persons who have taken oath in the National Assembly of Pakistan existing immediately
before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of the Assembly to fill
the seats referred to in clause (2A) of Article 51,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one
thousand nine hundred and seventy-seven; and reference to "total membership" of the
National Assembly in the Constitution shall be construed accordingly;]
 (b) the qualifications and disqualifications for being elected and being a member of the first
National Assembly shall, except in case of members filling casual vacancies [288] [, or to be
elected to the additional seats referred to in clause (2A) of Article 51,] after the commencing
day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan:

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

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

(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in
the National Assembly of Pakistan existing before the commencing day which was not filled
before that day, caused by reason of death or resignation of a member or consequent upon
his incurring a disqualification or 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.
[289]

272. First [290] [constitution of] Senate

[291]
Notwithstanding anything contained in the Constitution, but subject to [292] [Article 63
and] Article 223,

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

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

(c) the term of office of members of the first group and of the second group shall
respectively be two years and four years;
 (d) the term of office of persons elected or chosen to succeed the members of the Senate at
the expiration of their respective terms shall be four years;

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

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

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

[293]

273. First Provincial Assembly.

(1) Notwithstanding anything contained in the Constitution, but subject to [294] Article 63,
Article 64 and Article 223,
[295]
[(a) the first Assembly of a Province under the Constitution shall consist of

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

(ii) the additional members to be elected in accordance with law by the members of the
Assembly to fill the seats referred to in clause (3) of Article 106,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one
thousand nine hundred and seventy-seven; and reference to "total membership" of the
Assembly of a Province in the Constitution shall be construed accordingly;]

(b) the qualifications and disqualifications for membership of the first Assembly of a Province
shall, except in case of members filling casual vacancies [296] [, 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 or property, assets, rights, liabilites 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.

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

(3) All rights, liabilities and obligations of the Federal Government or of the Government of a
Province, whether arising out of contract or otherwise, shall as from the commencing day,
continue to be respectively the rights, liabilities and obligations of the Federal Government
or of the Government of the Province, except that-

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

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

275. 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;

(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 [297] [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.

277. Transitional, financial provisions.

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

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

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

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

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

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

278. 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 proposes of clause (7) and clause (8) thereof to have been
issued on the commencing day, and any law, rule or order made or purporting to have been
made in pursuance of that Proclamation shall be deemed to have been validly made [298] [and
shall not be called in question in any court on the ground of inconsistency with any of the
rights conferred by Chapter 1 of Part II.]
Notes for Part I

1.
With effect from May 4, 1974 clauses (2) and (3) were substituted by the Constitution
(First Amendment) Act, 1974 (33 of 1974), section 2, for clauses (2), (3) and (4)
which read as follows:
"(2) The Constitution shall apply to the following territories of Pakistan:
(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c) the Federally Administered Tribal Areas and
(d) such States and territories as are or may be included in Pakistan, whether by
accession or otherwise.
(3) The Constitution shall be appropriately amended so as to enable the people of the
Province of East Pakistan, as and when foreign aggression in that Province and its
effects are eliminated, to be represented in the affairs of the Federation.
(4) Parliament may by law admit into the Federation new States or areas on such
terms, and conditions as it thinks fit."
2.
On March 2, 1985 the words "Majlis-e-Shoora (Parliament)" were substituted by the
Revival of the Constitution of 1973 Order, 1985: P.O.No.14 of 1985 (hereafter
referred to as P.O. No.14 of 1985) Art 2 and Sch item 1, for the word "Parliament",
throughout the text of the Constitution.
3.
Article 2A was inserted by P.O.No.14 of 1985, Art.2 and Sch.item 2 (with effect from
March 2, 1985).
4.
Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 3 for the word "basic"(with
effect from March 2, 1985).
5.

Notes for Part II, Chapter 1

6.

See footnote [2]

7.

Paragraph (b) originally read as follows: "(b)any of the laws specified in the First Schedule as
in force immediately before the commencing day;"

Section 3 of the Constitution (First Amendment) Act, 1974 (33 of 1974), added in
paragraph (b) after the word "day" the words "or as amended by any of the laws
specified in that Schedule", with effect from May 4, 1974. This amended paragraph
(b) was then substituted by the present one through the Constitution (Fourth
 Amendment) Act, 1975 (71 of 1975), section 2 (with effect from November 21,
1975).

8.

Substituted by the Constitution (Fourth Amendment) Act, 1975(71 of 1975), section 2, for
the words "the First Schedule, not being a law which relates to, or is connected with,
economic reforms" (with effect from November 21, 1975).

9.

See footnote [2]

10.

Substituted by the Constitution (Third Amendment) Act, 1975 (22 of 1975), section 2, for the
words "one month" (with effect from February 13. 1975).

11.

Substituted by the Constitution (Third Amendment) Act, 1975 (22 of 1975), section 2, for the
words "as soon as may be, but not later than one week" (with effect from February 13,
1975).

12.

Added by the Constitution (Third Amendment) Act, 1975 (22 of 1975), section 2 (with effect
from February 13, 1975).

13.

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 3, for
the words "morality or public order" (with effect from November 21, 1975).

14.

Substituted by the Constitution (First Amendment) Act, 1974 (33 of 1974) section 4, (with
effect from May 4, 1974), for clause (2) which read as under:

"(2)Every citizen not being in the service of Pakistan shall have the right to form or be
a member of a political party. Every political party shall account for the source of its
funds in accordance with law"

14A.

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Sched. item 1., part (1)(a)

14B.
 Proviso inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Sched. item 1., part (1)(b)

14C.

Clause inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Sched. item 1., part (2)

15.

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 4 for
"defamation" (with effect from November 21, 1975).

16.

Substituted by the Constitution (Sixteenth Amendment) Act, 1999 (with effect from July 28,
1999) for the word "twenty", which had earlier been substituted by P.O.No.14 of 1985, Art.2
and Sch.item 4, for the word "ten" (with effect from March 2, 1985).

Notes for Part II, Chapter 2

17.
Inserted by P.O.No.14 of 1985, Art.2 and Sch.item 5 (with effect from March
2,1985).

Notes for Part III, Chapter 1

18.

Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 6,for clause (3) (with effect from
March 2, 1985) which read:

"(3) The President shall be elected by the members of Parliament in joint sitting in
accordance with the provisions of the Second Schedule".

19.

Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Sched. item (2) for clause (7) which read:

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

This replaced clause was added by P.O.No.14 of 1985, Art, 2 and Sch.item 6 (with effect from
March 2, 1985).

19A.

Proviso added by Seventeenth Amendment Act, 2003, section (2), sub-section (1).

19B.

Clauses (8) and (9) added by Seventeenth Amendment Act, 2003, section (2), sub-section (2).

20.

See footnote 2.

21.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 7, (with effect from March 2,1985), for
Article 46 which read as follows:

"46.

The Prime Minister shall keep the President informed on matters of internal and foreign
policy and on all legislative proposals the Federal Government intends to bring before
Parliament.

22.

Inserted by P.O.No.14 of 1985, Art. 2 and Sch.item 8(1) (with effect from March 2, 1985).

22A.

Clauses (1) and (2) substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 8(2), (with effect
from March 2,1985), for clauses (1) and (2) which read as follows:

(1) Notwithstanding anything contained in the Constitution, the President may be removed
from office in accordance with the provisions of this Article on the ground of physical or
mental incapacity or 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 the President; and such notice shall set out the
particulars of his incapacity or of the charge against him."

23.

See footnote 2.

24.
 Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 9 (with effect from March 2, 1985),
for:

"48.

(1)In the performance of his functions, the President shall act on and in accordance with the
advice of the Prime Minister and such advice shall be binding on him.

(2)The question whether any, and if so what, advice was tendered to the President by the
Prime Minister shall not be inquired into in any court.

(3)Save as otherwise provided in any rules made under Article 99, the orders of the
President shall require for their validity the counter-signature of the Prime Minister."

25.

Substituted by the Constitution(Eighth Amendment) Act, 1985 section 2 (a) (i) for the words
"the Prime Minister or appropriate Minister"(with effect from November 9, 1985).

26.

Substituted by the Constitution (Eighth Amendment Act, 1985, section 2(a) (ii) (with effect
from November 9,1985), for:

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

26.A.

Inserted by the Constitution (Eighth Amendment Act, 1985, section 2(b) (with effect from
November 9,1985).

26.B.

Clause (3) omitted by the Constitution (Eighth Amendment Act, 1985, section 2(c) (with
effect from November 9,1985). Clause (3) originally read:

"(3) If any question arises whether any matter is or is not a matter in respect of which the
President is by the Constitution empowered to act in his discretion, the decision of the
President in his discretion shall be final, and the validity of anything done by the President
shall not be called in question on the ground that he ought or ought not to have acted in his
discretion."

26.C.

Substituted by the Constitution (Eight Amendment) Act, 1985, section 2(d) for the words
"one hundred" (with effect from November 9, 1985).

Notes for Part III, Chapter 2

27.

See footnote 2.

28.

Substituted by P.O.Ho.14 of 1985, Art. 2 and Sch. item 10 (with effect from March 2, 1985).

"50.

There shall be a Parliament consisting of two houses to be known as the National Assembly
and the Senate."

29.

Clauses (1) and (1A) substituted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3, clause (1), Sched. item (3), for clause (1) which read:

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

wherein the words "two hundred and seven Muslim" were substituted by P.O.No.14
of 1985, Art. 2 and Sch.item 11(1) for "two hundred members" (with effect from
March 2, 1985).

30.

Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) for
the word "twenty-one", which was substituted for the word "eighteen" by P.O.No.14 of
1985, Art. 2 and Sch.item 11(2)(a) (with effect from March 2, 1985).

31.

Substituted by the Revival of Constitution of 1973 Order (P.O.No.14 of 1985), Art 2. Sch. item
11(2)(b) for the colon (with effect from March 2, 1985).

32.

The proviso omitted the Revival of Constitution of 1973 Order (P.O.No.14 of 1985), Art 2.
Sch. item 11(2)(c) (with effect from March 2, 1985), read as under:

"Provided that, for the purpose of the first general election to the National Assembly or an
election to a seat falling vacant before the holding of a second general election to the
Assembly paragraph (b) shall have effect as if for the word "eighteen" therein the word
"twenty-one" were substituted"

33.
 Clause 2A substituted by the Legal Framework Order 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item (3), for:

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

Christians. 4

Hindus and persons belonging to the scheduled casts. 4

Sikh, Buddhist and Parsi communities and other non-Muslims. 1

Persons belonging to the Quadiani group or the Lahori group (who 1

call themselves Ahmadis)

which was substituted by P.O. 14 of 1985, Art 2 and Sch. item 11(3) (with effect from
March 2, 1985) for clause (2A) inserted by the Constitution (Fourth Amendment) Act,
1975 (71 of 1975), section 5 (with effect from November 21, 1975) which read:

"(2A) In addition to the number of seats referred to in clause (1), there shall be in the
National Assembly six additional seats for the persons referred to in clause (3) of Article
106".

34.

Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002)
for:

(4) Until the expiration of a period of ten years from the commencing day or the holding of
the [34A][third] general election to the National Assembly, whichever occurs later, [35][twenty
seats] in addition to the number of seats referred to in clause (1) shall be reserved for
women and allocated to the Provinces in accordance with the Constitution and law .

34A.

Substituted for "second" by the Constitution (Eighth Amendment) Act, 1985 section 3(with
effect from November 9, 1985).

34B.

Proviso in sub-clause (d) inserted by Legal Framework (Amendment) Order, 2002 (Chief
Executive's Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief
Executive's Order No. 24 of 2002)].

34C.
 Proviso in sub-clause (e) substituted by Legal Framework (Amendment) Order, 2002 (Chief
Executive's Order No. 29 of 2002)[by amending Legal Framework Order, 2002 (Chief
Executive's Order No. 24 of 2002)] for the following:

Provided that a political party securing less than five per centum of the total number of
seats in the National Assembly shall not be entitled to any seat reserved for women or non-
Muslims.

35.

Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 11 (with effect from March 2, 1985).for
the words "ten seats."

36.

Clauses (4) to (6) omitted by the Legal Framework Order, 2002 (Chief Executive's Order No.
24 of 2002).

[36A][(4A) The members to fill the seats referred to in clause ( 2A ) shall be elected,
simultaneously with the members to fill the seats referred to in clause (1), on the basis of
separate electorates by direct and free vote in accordance with law.

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

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

36A.

Clauses(4A) and (5) (as shown above) were substituted by P.O.No.14 of 1985, Art.2 and
Sch.item 11 (with effect from March 2, 1985).

Clause (4A) was inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975)
section 5, (with effect from November 21, 1975) read as under:

"(4A) As soon as practicable after the general election to the National Assembly, the
members to fill seats reserved in that Assembly for the persons referred to in clause (2A)
shall be elected in accordance with law by the members of the Assembly referred to in
clause (1)"

Clause (5) read as follows:

(5) For the purpose of election to the seats allocated to a province under clause (4), the
members of the National Assembly from that Province shall constitute the electoral college.
37.

For such order, see the Preparation of Election Rolls (Federally Administered Tribal Areas)
Order,1975 (President's Order No.l of 1975).

38.

Article 54 had, until December 31, 1973, effect as if the proviso to clause (2) thereof were
omitted, see the Removal of Difficulties (Sittings of National Assembly) Order, 1973
(President's Order No.23 of 1973), Article 2.

39.

See footnote 2.

40.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 12 (with effect from March 2, 1985)
for the word "two".

40A.

P.O.No.14 of 1985, Art. 2 and Sch.item 12 (with effect from March 2, 1985) substituted the
word "thirty" for the word "sixty".
The word "thirty" was restored by the Constitution (Tenth Amendment) Act, 1987, section 2.

41.

Explanation added by the Constitution (Fourth Amendment)Act, 1975 (71 of 1975), section 6
(with effect from November 21, 1975).

42.

Article 56 renumbered as Article 56 (1) by P.O.No.14 of 1985, Art. 2 and Sch.item 13 (with
effect from March 2, 1985).

43.

Clauses (2),(3) and (4) added by P.O.No.14 of 1985, Art. 2 and Sch.item 13 (with effect from
March 2, 1985).

44.

Clause (3) substituted by Constitution (Eighth Amendment) Act, 1985 section 4 (with effect
from November 9, 1985) for:

"(3) At the commencement of each session of the Majlis-e-Shoora (Parliament), the

President shall address both Houses assembled together and inform the Majlis-e-Shoora
(Parliament) of the causes of its summons".

45.
 See footnote 2.

46.

Article 58 renumbered as Article 58 (1) by P.O.No.14 of 1985, Art.2 and Sch.item 14 (with
effect from March 2, 1985).

47.

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 5 (a)(with effect
from November 9, 1985)for the words "resolution for a vote of no confidence" has been
moved.

48.

Words omitted by P.O.No.14 of 1985 Art 2 and Sch.item 14(1) read, "or a Federal Minister
performing the functions of Prime Minister under clause (1) or clause (3) of Article 95".

49.

Clause 2 substituted by the Constitution (Eighth Amendment) Act, 1985, section 5 (b)(with
effect from November 9, 1985.) for:

"(2) The President may also dissolve the National Assembly in his discretion where, in his
opinion, an appeal to the electorate is necessary".

which was added by P.O.No.14 of 1985 Art 2 and Sch.item 14(2).

49A.

Sub-clause (b) was removed by the Thirteenth Amendment Act, 1997, and reinserted by the
Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item
4.

49B.

Clause (3) inserted by Constitution (Seventeenth Amendment) Act, 2003.

50.

Clause (1) substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item 5(1), for the following:

(1) The Senate shall consist of [50A][eighty-seven] members, of whom,:

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

(b) [51][eight] shall be elected by the members from the Federally Administered Tribal Areas
in the National Assembly; [52] * * *

(c) [53][three] shall be [54][elected] from the Federal Capital in such manner as the President
may, by Order, prescribe [54A][; and]
 [55]
[(d) five shall be elected by the members of each Provincial Assembly to represent ulema,
technocrats and other professionals.]

50A.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(a) for the word "sixty-three"
(with effect from March 2, 1985).

51.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(b)(i) (with effect from March 2,
1985) for the word "five".

52.

The word "and" omitted by P.O.No.14 of 1985, Art. 2 and Sch. item 15(1)(b)(ii) (with effect
from March 2, 1985).

53.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(c)(i) (with effect from March 2,
1985) for the word "two".

54.

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 6(a) for the word
"chosen" (with effect from November 9, 1985).

54A.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(c)(ii) (with effect from March 2,
1985) for the full-stop.

55.

Added by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(d) (with effect from March 2, 1985).

55A.

The words "by direct and free vote" were omitted by Legal Framework (Second Amendment)
Order, 2002 (C.E. Order No. 32 of 2002), Section 2(2) by amending Legal Framework Order,
2002 (C.E. Order No. 24 of 2002), Sched. item 5.

56.

Substituted by P.O.No.14 of 1985 Art. 2 and Sch.item 15 (with effect from March 2, 1985)
for:

"(3) The Senate shall not be subject to dissolution but the term of office of its members shall
be four years, half of them retiring every two years, except in the case of the members
elected by the members from the Federally Administered Tribal Areas, of whom three shall
 retire after the expiration of the first two years and two shall retire after the expiration of
the next two years:

Provided that 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 has filled."

57.

Clauses (a), (b) and (c) of Article 59 (3) were substituted by clauses(a) to (d) by the
Constitution (Eighth Amendment) Act, 1985 section 6 (b) (i) (with effect from November 9,
1985). These clauses (a), (b) and (c) read as under:

"(a) of the members referred to in paragraphs (a) and (b) of clause (1), six shall retire after
the expiration of the first two years, six shall retire after the expiration of the next two years
and seven shall retire after the expiration of the next two years;

(b) of the members referred to in paragraph (d), two shall retire after the expiration of the
first two years and three shall retire after the expiration of every two years thereafter; and

(c) of the members referred to in paragraph (c), one shall retire after the expiration of every
two years."

57A.

Sub-clause (c) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No.
24 of 2002), Art 3(1), Sched. item 5(2)(a) for the following:

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

57B.

Subclauses (d) and (e) substituted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 5(2)(b) for the following:

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

58.

The words "or chosen" omitted by the Constitution (Eighth Amendment) Act, 1985, section 6
(b)(with effect from November 9, 1985.

59.

Clause (4) added by P.O.No.14 of 1985, Art. 2 and Sch.item 15 (with effect from March 2,
1985) which read as under:
 "(4) A casual vacancy in the office of a member referred to in paragraph (d) of clause (1) shall
be filled for the remainder of the term of such member by the members of the Provincial
Assembly by whom such member had been elected electing another person under the said
paragraph".

has been omitted by the Constitution (Eighth Amendment) Act, 1985 section 6 (c) (with
effect from November 9, 1985).

60.

Substituted by the Constitution (Eighth Amendment) Act, 1985 section 7, for the word "two
'( with effect from November 9, 1985).

61.

Added by the Constitution (Eighth.Amendment) Act, 1974 (33 of 1974), section 5 (with effect
from May 4, 1974).

62.

The words "one hundred and sixty" were substituted by Constitution (Third Amendment)
Order, 1985, section 2 for the words "one hundred and thirty" (with effect from March 19,
1985).

The words "one hundred and thirty" were restored by the Constitution (Tenth Amendment)
Act, 1987, section 3.

63.

See footnote 2.

64.

Substituted for Article 62 which read as under by P.O.No.14 of 1985, Art. 2 and Sch.item 16
(with effect from March 2, 1985):

"62.

A person shall not be qualified to be elected or chosen as a member of Parliament unless :-

(a) he is a citizen of Pakistan

(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 for election to that Assembly;

(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 or the Federally
Administered Tribal areas, from where he seeks membership; and

(d) he possesses such other qualifications as may be prescribed by Act of Parliament.

64B.
 Clause (b) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24
of 2002) Art 3(1), Sched. item (6), for the following:

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

65.

Substituted for Article 63 which read as under by P.O.No.14 of 1985, Art. 2 and Sch.item 16
(with effect from March 2, 1985)

"63.

(1) A person shall be disqualified from being elected or chosen as, and from being, a
member of 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 Pakistan, or acquires the citizenship of a foreign State; or

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

(e) he is so disqualified by Act of Parliament

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

65A.

Sub-clauses (h) to (j) substituted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 7(1)(a), for the following:

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

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

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

65B.
 Sub-clauses (p) to (r) substituted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 7(1)(b), for the following:

(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.

65BB.

Substituted for the full-stop by Legal Framework (Amendment) Order, 2002 (Chief
Executive's Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief
Executive's Order No. 24 of 2002) Sched. item 7(1)(b)].

65C.

Sub-clause (s) inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's
Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief Executive's Order
No. 24 of 2002) Sched. item 7(1)(b)].

65D.

Clause (2) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24
of 2002), Art 3(1), Sched. item 7(2) for the following:

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

65E.

Clause (3) inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item 7(3).

65F.

Article 63A substituted the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item 8 for the following, which was inserted by the Fourteenth
Amendment Act, 1997.

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

(1)

If a member of a Parliamentary Party defects, he may be means of a notice in writing

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

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

(a)

commits a breach of party discipline which means a violation of the party constitution, code
of conduct and declared policies, or

(b)

votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c)

abstain from voting in the House against party policy in relation to any bill.

(2)

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

(3)

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

(4)

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

(5)

For the purpose of this Article-

 (a)

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

(b)

"Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate
or the Speaker of the Provincial Assembly, as case may be.

(6)

Notwithstanding anything contained in the Constitution, no court including the Supreme

Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or
make any order in relation to the action under this Article.

66.

See footnote 2.

67.

For the Rules of Procedure and Conduct of Business in the Senate, see Gazette of Pakistan,
1973, Extraordinary, Part II, Pages 1543-1620. For the Rules of Procedure and Conduct of
Business in the National Assembly, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part
11, pages 1897-1957.

68.

See footnote 2.

69.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 17 (with effect from March 2, 1985)for
articles 70 and 71 which read:

"70.

(1) A Bill with respect to any matter in Part I of the Federal Legislative List shall originate in
the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate
for its consideration.

(2) The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass
it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the
Bill shall be deemed to have been passed by it without amendment at the expiration of that
period.

(3) If the Bill is passed without amendment by the Senate, or is deemed to have been so
passed, it shall be presented to the President for assent.
 (4) If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered
by the National Assembly; and, if the Bill is again passed by the National Assembly, with or
without amendment, it shall be presented to the President for assent.

(5) For the purposes of the procedure prescribed in this Article, the question whether or not
a Bill is with respect to any matter in Part I of the Federal Legislative List shall be decided by
the President whose decision shall be final.

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

71.

(1)A Bill with respect to any matter in Part II of the Federal Legislative List or in the
Concurrent Legislative List may originate in either House and shall, if it is passed by one
House, 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)1f a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety
days of its receipt or is passed with amendment, the Bill, at the request of the House in
which it originated, shall be considered in a joint sitting.

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

69A.

Substituted for the words "considered in a joint sitting" by the Legal Framework Order, 2002
(Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 9(1).

69B.

Clause (3) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24
of 2002), Art 3(1), Sched. item 9(2), for the following:

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

69C.

Article 71 inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item 10.

70.
 For the Parliament (Joint Sittings) Rules, 1973, see Gazette of Pakistan, 1973, Extraordinary,
Part II, pages 1657-1672.

70A.

Clauses (1) and (1A) substituted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 11 for the following:

(1) Notwithstanding anything contained in Article 70 [71] [* * *], a Money Bill shall originate in
the National Assembly and after it has been passed by the Assembly it shall, without being
transmitted to the Senate, be presented to the President for assent.

71.

The words and figure "or Article 71" omitted by P.O.No.14 of 1985, Article 2 and Sch.item
18(with effect from March 2, 1985).

72.

See footnote 2.

73.

Substituted by P.O.No.14 of 1985, Art and Sch.item ]9 (with effect from March 2,1985) for
Article 75 which read as under:

"75.

(1)The President shall assent to a Bill within seven days after it has been presented to him
for assent under Article ,0, Article 71 or Article 73 and if the President fails to do so he shall
be deemed to have assented to the Bill at the expiration of the said period.

(2)When the President has assented or is deemed to have assented to a Bill, it shall become
law and b~ called an Act of Parliament.

(3)No Act of 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 or deemed to have been assented to in accordance with
the Constitution."

74.

Substituted by the Constitution (Eighth Amendment) Act 1985, section 8 (a) for the words
"forty-five" with effect from November 9, 1985.

75.

Clause (2) was substituted by the Constitution (Eighth Amendment) Act, 1985 (with effect
from November 9, 1985) for:
 "(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 total membership of the two Houses, it shall be again presented to the President and the
President shall assent thereto."

75A.

The words "in joint sitting" omitted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 12(a).

75B.

Substituted for the words "by the votes of the majority of the members of both Houses
present and voting" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002), Art 3(1), Sched. item 12(b).

76.

See footnote 2.

77.

For the National Assembly Secretariat (Recruitment) Rules 1973, see Gazette of Pakistan,
1973, Extraordinary, Part II, pages 2279-2286. For the Senate Secretariat (Recruitment)
Rules, 1973, see ibid., pages 2301-2307.

78.

For the National Assembly (Finance Committee) Rules, 1973, see Gazette of Pakistan, 1973,
Extraordinary, Part II, pages 2451-2454.

For the Senate (Finance Committee) Rules,1973, see ibid., pages 2479-2482.

79.

See footnote 2.

80.

Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985)

section 2(a) for the words and figure "is with respect to a matter in Part I of the Federal
Legislative List" (with effect from March 19, 1985).

81.

Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985)

section 2(b) for the words and figure, "is with respect to a matter in Part 11 of the Federal
Legislative List or a matter in the Concurrent Legislative List"(with effect from March 19,
1985).
 Notes for Part III, Chapter 3

82.

Articles 90 to 95 substituted by P.O.No.14 of 1985 Art.2 and Sch.item 20 for Articles 90 to 96

(with effect from March 2, 1985). Article 90 originally read as under:

"90.

(1) Subject to the Constitution, the executive authority of the Federation shall be exercised
in the name of the President by the Federal 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 Ministers.

(3) The Prime Minister and the Federal Ministers shall be collectively responsible to the
National Assembly."

83.

Re-numbered as Article 90(1) by the Constitution (Eighth Amendment) Act, 1985, section 9
(with effect from November 9, 1985).

84.

Clause (2) added by the Constitution (Eighth Amendment) Act, 1985, section 9 (with effect
from November 9, 1985).

85.

See footnote 82. Article 91 originally read:

"91.

(1) The National Assembly shall meet on the thirtieth day following the day on which a
general election to the Assembly is held, unless sooner summoned by the President.

(2) 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.

(3) 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 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.

(4) The member elected under clause (3) 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."

86.

Clause (2A) added by the Constitution (Eighth Amendment) Act, 1985, section 10(a) (with
effect from November 9, 1985).

87.

Added by the Constitution (Eighth Amendment) Act, 1985, section 10(b) (with effect from
November 9, 1985).

88.

Substituted by the Constitution (Eighth Amendment) Act 1985, section 10(c) (with effect
from November 9, 1985) for clause 5 which read as under:

"(5) The Prime Minister shall hold office during the pleasure of the President, but the
President shall not exercise his powers under this clause unless he is satisfied that the Prime
Minister does not command the confidence of the majority of the members of the National
Assembly."

89.

See footnote 82. Article 92 originally read as under:

"92.

(1) The Prime Minister shall appoint Federal Ministers and Ministers of State from amongst
the members of Parliament:

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) Before entering upon office, a Federal Minister or a Minister of State shall make before
the President oath in the form set out in the Third Schedule.

(3) A Federal Minister or a Minister of State may, by writing under his hand addressed to the
Prime Minister, resign his office or may by removed from office by the Prime Minister."

90.
 See footnote 82. Article 93 originally read:

"93.

(1) The Prime Minister shall continue to hold office until his successor enters upon the office
of Prime Minister.

(2) Nothing in Article 91 or Article 92 shall be construed to disqualify the Prime Minister or a
Federal Minister or a Minister of State from continuing in office during the period the
National Assembly stands dissolved."

91.

See footnote 82. Article 94 originally read:

"94.

(1) Subject to clause (2), the Prime Minister may by writing under his hand addressed to the
President, resign his office and, when the Prime Minister resigns, the Federal Ministers and
Minister of State shall cease to hold office;

(2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall
continue to perform the functions of the office of Prime Minister or, as the case may be,
Federal Minister until a new Prime Minister has been elected and has entered upon his
office.

(3) If the National Assembly is in session at the time when the Prime Minister resigns his
office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is
not in session the President shall for that purpose summon it to meet within fourteen days
of the resignation.

92.

See footnote 82. Article 95 originally read as under:

"95.

(1) In the event of the death of the Prime Minister or the office of Prime Minister becoming
vacant by reason of his ceasing to be a member of the National Assembly, the most senior
Federal Minister for the time being shall be called upon by the President to perform the
functions of that office and the Federal Ministers and Ministers of State shall continue in
office until a new Prime Minister has been elected and has entered upon his office.

(2) If the National Assembly is in session at the time when the Prime Minister dies or the
office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to elect a
Prime Minister, and if the Assembly is not in session the President shall for that purpose
summon it to meet within fourteen days of the death of Prime Minister, or, as the case may
be, of the office becoming vacant.
 (3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is
unable to perform his functions, the most senior Federal Minister for the time being shall
perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as
the case may be, resumes his functions.

(4) In this Article, "most senior Federal Minister means the Federal Minister for the time
being designated as such by the Prime Minister."

93.

See footnote 82. Article 96 originally read as under:

"96.

(1) A resolution for a vote of no-confidence may be passed against the Prime Minister by the
National Assembly.

(2) A resolution referred to in clause (1) shall not be moved in the National Assembly unless,
by the same resolution, the name of another member of the Assembly is put forward as the
successor.

(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 in the Annual Budget
Statement.

(4) 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.

(5) If the resolution referred to in clause (1) is passed by a majority of the total membership
of the National Assembly, the President shall call upon the person named in the resolution
as the successor to assume office and on his entering upon office his predecessor and the
Federal Ministers and Ministers of State appointed by him shall cease to hold office.

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, the vote of a
member, elected to the National Assembly as a candidate or nominee of a political party,
cast in support of a resolution for a vote of no-confidence shall be disregarded if the
majority of the members of that political party in the National Assembly has cast its votes
against the passing of such resolution.

(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be
moved until a period of six months has elapsed"

94.

Article 96A was inserted by the Constitution (Seventh Amendment) Act, 1977 (23 of 1977)
section 2 (with effect from April 21, 1977) and under clause 3, sub-section 1, section I, of the
said Act ceased to be in force on September 13, 1977. It read:
 "96-A.

Referendum as to confidence in Prime Minister:-

(1)If at any time the Prime Minister considers it necessary to obtain a vote of confidence of
the people of Pakistan through a referendum he may advise the President to cause the
matter to be referred to referendum in accordance with law made by Parliament.

(2) The law referred to in clause (1) shall provide for the constitution of a Referendum
Commission and the manner and mode of holding a referendum.

(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call
upon the Referendum Commission to conduct d referendum amongst the persons whose
names appear on the electoral rolls for the immediately preceding general elections to the
National Assembly as revised up-to-date.

(4) Any dispute arising in connection with the counting of votes at a referendum shall be
finally determined by the Referendum Commission or a member thereof authorised by it
and, save as aforesaid, no dispute arising in connection with a referendum or the result
thereof shall be raised or permitted to be raised before any Court or other authority
whatsoever.

(5) If, on the final count of the votes cast at the referendum the Prime Minister fails to
secure majority of the total votes cast in the matter of the confidence of the people of
Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article
94."

95.

See footnote 2.

96.

Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 21 (with effect from March 2, 1985),
for Article 99 which read as under:

"99.

(1) Orders and other instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the Federal
Government, and the validity of an order or instrument which is so authenticated shall not
be cal led in question on the ground that it is not an order or instrument made or executed
by the President.

(2) The Federal Government may regulate the allocation and transaction of its business and
may for the convenient transaction of that business delegate any of its functions to officers
or authorities subordinate to it.

Notes for Part IV, Chapter 1

96A.
Added by P.O. No. 14 and Sch. item 22 (with effect from March 2, 1985).
97.
The words "after consultation with the Prime Minister" were added by the
Constitution (Eighth Amendment) Act, 1985, section 11(1) (with effect from
November 9, 1985).

Subsequently, the words "after consultation with" were replaced by the words "on the
advice of" by section 3 of the Thirteenth Amendment Act, 1997.

Subsequently, the words "on the advice of" were replaced by the words "after
consultation with" by the Legal Framework Order, 2002 (Chief Executive's Order No.
24 of 2002), Art 3(1), Sched. item 13.

98.
Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 2,
for full-stop (with effect from September 13, 1976).
99.
The proviso added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976),
section 2 (with effect from September 13, 1976), which read:
"Provided that, after the holding of the first general election to the National Assembly,
a person shall not be appointed to be the Governor of the province of which he is
permanent resident."

has been omitted by the Constitution (Eighth Amendment) Act, 1985, section 11(aa)
(with effect from November 9, 1985).

100.
Clause (2A) added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976),
section 2 (with effect from September 13, 1976).
"(2A) Nothing contained in the proviso to clause (2) shall apply during the period that
an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under
Article 234 is in force"

The words "a Proclamation under Article 232 or Article 234 is in force" were
substituted for "an Order under paragraph (c) of clause (2) of Article 232 or a
Proclamation under Article 234 is in force" by the Constitution (Seventh Amendment)
Act, 1977 (Act 23 of 1977) (with effect from April 21, 1977).

Clause 2A has omitted by the Constitution (Eighth Amendment) Act, 1985, section 11
(b) (with effect from November 9, 1985).

101.
Added by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 6 (with
effect from May 4, 1974).
102.
Added by P.O.No. 14 of 1985, Art. 2 and Sch. item 22 (with effect from March 2,
1985).
103.
 Added by the Constitution (Eighth Amendment) Act, 1985, section 11 (c) (with effect
from November 9, 1985).
104.
See footnote 2.
105.
Substituted by P.O.No. 14 of 1985 Art. 2and Sch. item 23 (with effect from March 2,
1985) for Article 105 which read as under:
105.
(1) Subject to the Constitution, in the performance of his functions, the Governor shall
act on and in accordance with the advice of the Chief Minister and such advice of the
Chief Minister and such advice shall be binding on him.
The question whether any, and if so what, was tendered to the Governor by the Chief
Minister shall not be inquired into in any court."
106.
Substituted for the words "Chief Minister or appropriate Minister" by the Constitution
(Eighth Amendment) Act, 1985, section 12 (a) (i) (with effect from November 9,
1985).
107.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 12 (a) (ii)
(with effect from November 9, 1985), for:
"Provided that the Governor may require the Cabinet to reconsider such advice,
whether generally or otherwise, and the Governor shall act in accordance with the
advice tendered after such reconsideration."
108.
Proviso(omitted by the Constitution (Eighth Amendment) Act, 1985, section 12 (a)
(iii) (with effect from November 9, 1985), it read:

"Provided further that, in respect of the following matters, the Governor shall, subject
to the previous approval of the President, act in his discretion, namely :-

(a) appointment of the Chief Minister;

(b) dismissal of a Cabinet which has lost the confidence of the Provincial Assembly;
and
(c) dissolution of the Provincial Assembly, when an appeal to the electorate is
necessary."
109.
Substituted for the words "the Cabinet or a Minister" by the Constitution (Eighth
Amendment) Act, 1985, sections 12 (b) (with effect from November 9, 1985).
110.
Substituted for the brackets and figure "(3)" by the Constitution (Eighth Amendment)
Act, 1985, section 12 (c) (with effect from November 9, 1985).

Notes for Part IV, Chapter 2

110A.

Clause (1) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24
of 2002), Art 3(1), Sched. item 14(1), for the following:
 (1) There shall be a Provincial Assembly for each Province consisting of the number of
members hereinafter specified to be elected by direct and free vote in accordance with law.

Baluchistan 40
The North-West Frontier Province 80
The Punjab 240
Sind 100

111.

The word "twenty-one" was substituted for the word "eighteen" by P.O.No.14 of 1985 Art. 2
and Sch. item 24(1)(a) (with effect from March 2, 1985). The word "eighteen" was
subsequently substituted for the word "twenty-one" by the Legal Framework Order, 2002
(Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 14(2).

112.

Substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(1)(b) (with effect from March 2,
1985) for the colon.

113.

Proviso to clause (2) omitted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(c) (with effect
from March 2, 1985) read as under:

"Provided that, for the purpose of the first general election to the Provincial Assembly or an
election to a seat falling vacant before the holding of the second general election to the
Assembly, paragraph (b) shall have effect as if for the word "eighteen" the word "twenty-
one" were substituted."

114.

Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),
Art 3(1), Sched. item 14(3), for:

(3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the
Punjab, the North-West Frontier and Sind specified in clause (1), there shall be in those
assemblies the number of seats hereinafter specified for non-Muslims.

_____________________________________________________________________
______
Hindus and Sikh, Buddhist
Persons
Province Christians persons and Parsi
belonging to
belonging to communities the
Quadiani
the scheduled and other group
or the
castes non-Muslims
Lahori group
(who
call them-
 selves
Ahmadis)
_____________________________________________________________________
_________

Baluchistan 1 1 1 -

The North-West
Frontier Province 1 _ 1 1

The Punjab 5 1 1 1

Sind 2 5 1 1

_____________________________________________________________________
_________
Explanation.- Where no independent seat is allocated to a minority in a Province for being
very small in number, the seat allocated jointly to all other non-Muslims in that Province
shall be deemed to include that minority.

This replaced clause was in turn substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 24(2)
(with effect from March 2, 1985) for:

"(3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the
Punjab, the North-West Frontier and Sind specified in clause (1), there shall be in those
Assemblies the number of additional seats hereinafter specified reserved for persons
belonging to the Christian, Hindu, Sikh, Buddhist and Paris communities [115] [and persons
of the Quadiani group or the Lahori group who call themselves 'Ahmadis')] [116] [and other
non-Muslims and persons belonging to the scheduled castes] :-

Baluchistan 1
The North-West Frontier Province 1
The Punjab [117]5
Sind 2
114A.

Proviso substituted by the Legal Framework (Amendment) Order, 2002 (Chief Executive's
Order No. 29 of 2002) [by amending the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002) Sched. item 14(3)] for the following:

Provided that a political party securing less than five per centum of the total number of seats
in the Provincial Assembly shall not be entitled to any seat reserved for women and non-
Muslims.

114B.

Clauses (4) to (6) as follows omitted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24 of 2002), Art 3(1), Sched. item 14(4):

(4) Until the expiration of a period of ten years from the commencing day or the holding of
the [118] [third] general election to the Assembly of a Province, whichever occurs later,
there shall be in the Assembly a number of additional seats reserved for women equal to
five per centum of the number of members of that Assembly specified in clause (1).
 [119][(5) The members to fill the seats referred to in clause (3) shall be elected,
simultaneously with the members to fill the seats referred to in clause (1), on the basis of
separate electorates by direct and free vote in accordance with law.]

[120][(6) As soon as practicable after the general election to a Provincial Assembly, the
members to fill seats in that Assembly reserved for women shall be elected in accordance
with law on the basis of a system of proportional representation by means of a single
transferable vote by the electoral college consisting of the persons elected to that
Assembly.]

115.

Added by the Constitution (Second Amendment) Act, 1974 (49 of 1974), section 2 (with
effect from September 17, 1974).

116.

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 7 for
the word "or" (with effect from November 21, 1975).

117.

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 7, for
the figure "3" (with effect from November 21, 1975).

118.

Substituted for the word "second" by the Constitution (Eighth Amendment) Act, 1985
section 13 (with effect from November 9, 1985).

119.

Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 24(3) (with effect from March 2, 1985)
for:

"(5) As soon as practicable after the general election to a Provincial Assembly, the members
to fill seats reserved in the Assembly for the persons referred to in clause (3) of for women
shall be elected in accordance with law by the members of that Assembly referred to in
clause (1)"

120.

Added by P.O.No.14 of 1985, Art.2 and Sch.item 24 (with effect from March 2, 1985).

121.

Re-numbered by the Constitution (Eighth Amendment) Act, 198, section 14 (with effect from
November 9, 1985).

122.
 Substituted by the Constitution (Eighth Amendment) Act, 1985, section 14(a) (with effect
from November 9, 1985) for the words "resolution for a vote of no-confidence has been
moved."

123.

Clause 2 added by the Constitution (Eighth Amendment) Act, 1985, section 14(b) (with effect
from November 9, 1985).

123A.

Sub-clause (b) inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24
of 2002) Art 3(1), Sched. item 15.

Prior to this, sub-clause (b) which read as follows, was omitted by section 4 of the
Thirteenth Amendment Act, 1997:

(b) a situation has arisen in which the Government of the Province cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is
necessary.

123B.

Clause (3) inserted by the Constitution (Seventeenth Amendment) Act, 2003, Section (4).

124.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 25 (with effect from March 2, 1985)
for:

113.

A person shall not be qualified to be elected member of a Provincial Assembly unless :-

(a) he is a citizen of Pakistan;

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

(c) he is enrolled as a voter in any electoral roll for election to the Assembly; and

(d) he possesses such other qualifications as may be prescribed by Act of Parliament."

125.

Substituted by P.O.No.14 of 1985, Act. 2 and Sch. item 26 (with effect from March 2, 1985)
for:

"116.

(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the
Governor for assent;
 (2) The Governor shall assent to a Bill within seven days after it has been presented to him
for assent, and if the Governor fails to do so he shall be deemed to have assented to the Bill
at the expiration of the said period.

(3) When the Governor has assented or is deemed to have assented to a Bill, it shall become
law and be called an Act of the Provincial Assembly.

(4)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 or deemed to have been assented to
in accordance with the Constitution."

127.

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 15(b) (with effect
from December 2, 1985) for:

"(3) When the Governor has returned a Bill to the Provincial Assembly, if it is again passed
with or without amendment, by the Provincial Assembly, by the votes of the majority of the
total membership of the Provincial Assembly, it shall be again presented to the Governor
and the Governor shall assent thereto."

128.

See footnote 2.

129.

The word "and" omitted by the Constitution (First Amendment) Act, 1974 (33 of 1974),
section 7 (with effect from May 4, 1974).

130.

Substituted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 7 (with
effect from May 4, 1974) for the full stop.

131.

Paragraph (g) added by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 7
(with effect from May 4, 1974).

Notes for Part IV, Chapter 3

132.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 27 (with effect from March 2, 1985)
for Articles 129, 130 and 131. Article 129 originally read:
 "129

(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.

(3) The Chief Minister and the Provincial Ministers shall be collectively responsible to the
Provincial Assembly."

133.

See footnote 132. Article 130 originally read:

"130

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."

134.

Added by the Constitution (Eighth Amendment) Act, 1985, section 16(a), with effect from
November 9, 1985).

135.

Added by the Constitution (Eighth Amendment) Act, 1985, section 16(b) (with effect from
November 9, 1985).

136.

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 16(c) (with effect
from November 9, 1985) for:

"(5) The Chief Minister shall hold office during the pleasure of the Governor, but the
Governor shall not exercise his powers under this clause unless he is satisfied that the Chief
Minister does not command the confidence of the majority of the members of the Provincial
Assembly."

137.

See footnote 132, Article 131, originally read as under:

"131

(1) The Provincial Assembly shall meet on the thirtieth day following the day on which a
general election to the Assembly is held, unless sooner summoned by the Governor.
 (2) 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.

(3) 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 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 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.

(4) The member elected under clause (3) 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."

138. Article 132 and 133 substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 28 (with effect from
March 2, 1985) for:

"132

(1) The Chief Minister shall appoint Provincial Ministers from amongst members of the
Provincial Assembly.

(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 Chief Minister,
resign his office or may be removed from office by the Chief Minister.

133.

(1) The Chief Minister shall continue to hold office until his successor enters upon the office
of Chief Minister.

(2) Nothing in Article 131 or Article 132 shall be construed to disqualify the Chief Minister or
a Provincial Minister from continuing in office during the period the Provincial Assembly
stands dissolved."

139.

Article 134, omitted by P.O.No.14 of 1985, Art 2 and Sch. item 29 (with effect from March 2,
1985), read as under:

"134. Resignation by Chief Minister.

 (1) Subject to clause (2), the Chief Minister may by writing under his hand addressed to the
Governor, resign his office and, when the Chief Minister resigns, the Provincial Ministers
shall cease to hold office.

(2) The Chief Minister and, at the request of the Chief Minister, a Provincial Minister, shall
continue to perform the functions of the office of Chief Minister or, as the case may be,
Provincial Minister until a new Chief Minister has been elected and has entered upon his
office.

(3) If the Provincial Assembly is in session at the time when the Chief Minister
resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and
if the Assembly is not in session the Governor shall for that purpose summon it to
meet within fourteen days of the resignation."

140.

Article 135, omitted by P.O.No.14 of 1985, Art 2 and Sch. item 29 (with effect from March 2,
1985), read as under:

"135. Provincial Minister performing functions of Chief Minister.

(1) In the event of the death of the Chief Minister or of the office of Chief Minister becoming
vacant by reason of his ceasing to be a member of the Provincial Assembly, the most senior
Provincial Minister for the time being shall be called upon by the Governor to perform the
functions of that office and the Provincial Ministers shall continue in office until a new Chief
Minister has been elected and has entered upon his office.

(2) If the Provincial Assembly is in session at the time when the Chief Minister dies or the
office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to elect a
Chief Minister, and if the Assembly is not in session the Governor shall for that purpose
summon it to meet within fourteen days of the death of the Chief Minister or, as the case
may be, of the office becoming vacant.

(3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is
unable to perform his functions, the most senior Provincial Minister for the time being shall
perform the functions of Chief Minister until the Chief Minister returns to Pakistan or, as the
case may be, resumes his functions."

(4) In this Article, "most senior Provincial Minister" means the Provincial Minister for the
time being designated as such by the Chief Minister."

141.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 30 (with effect from March 2, 1985)
for:

"136.
 (1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the
Provincial Assembly.

(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly
unless, by the same resolution, the name of another member of the Assembly is put forward
as the successor.

(3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while
the Provincial Assembly is considering demands for grants submitted to it in the Annual
Budget Statement.

(4) 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.

(5) If the resolution referred to in clause (1) is passed by a majority of the total membership
of the Provincial Assembly, the Governor shall call upon the person named in the resolution
as the successor to assume office and on his entering upon office his predecessor and the
Provincial Minister appointed by him shall cease to hold office.

Provided that, for a period of ten years from the commencing day or the holding of the
second general election to the Provincial Assembly, whichever occurs later, the vote of a
member, elected to the Provincial Assembly as a candidate or nominee of a political party,
cast in support of a resolution for a vote of no-confidence shall be disregarded if the
majority of the members of that political party in the Provincial Assembly has cast its votes
against the passing of such resolution.

(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be
moved until a period of six months has elapsed."

142.

See footnote 2.

143.

Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 31 (with effect from March 2, 1985)
for:

"139.

(1) Order, and other instruments made and executed in the name of the Governor shall be
authenticated in such manner as may be specified in rules to be made by the Provincial
Government, and the validity of an order or instrument which is so authenticated shall not
be called in question on the ground that it is not an order or instrument made or executed
by the Governor.
 (2) The Provincial Government may regulate the allocation and transaction of its business
and may for the convenient transaction of that business delegate any of its functions to
officers or authorities subordinate to it."

143A.

Article 140A inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of
2002) Art 3(1), Sched. item 16.

Notes for Part V, Chapter 1

144.
See footnote 2.
145.
Clause 2 omitted by the Constitution (Eighth Amendment) Act 1985, section 17 (with
effect from November 9, 1985), read as under:
"(2) The provisions of Article 71 shall apply to a Bill with respect to a matter which
may be regulated by Act of [Majlis-e- Shoora (Parliament)] under clause (1)."

Notes for Part V, Chapter 2

146.
See footnote 2.

Notes for Part V, Chapter 3

147.
Article 152-A was omitted by the Constitution (Seventeenth Amendment) Act, 2003,
section 5 after being inserted by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24, Art 3(1), sched. item 17) and read as follows:
"152A. National Security Council.
(1) There shall be a National Security Council to serve as a forum for
consultation on strategic matters pertaining to the sovereignty, integrity
and security of the State; and the matters relating to democracy,
governance and inter-provincial harmony.

(2) The President shall be the Chairman of the National Security Council and
its other members shall be the Prime Minister, the Chairman of the
Senate, the Speaker of the National Assembly, the Leader of the
Opposition in the National Assembly, the Chief Ministers of the
Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs
of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force.

(3) Meetings of the National Security Council may be convened by the

President either in his discretion, or on the advice of the Prime Minister,
 or when requested by any other of its members, [147A][regularly].
Prior to this, Article 152-A was omitted by the Constitution (Eighth Amendment) Act,
1985, section 18 (with effect from November 9, 1985) after being inserted by
P.O.No.14 of 1985 Art 2 and Sch. item 32 (with effect from March 2 1985), and read
as follows:
"152A.
(1) There shall be a National Security Council to make recommendations relating to
the issue of a Proclamation of Emergency under Article 232, security of Pakistan and
any other matter of national importance that may be referred to it by the President in
consultation with the Prime Minister.
(2) The National Security Council shall consist of the President, the Prime Minister,
the Chairman of the Senate, the Chairman, Joint Chiefs of Staff Committee, the
Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force,
and the Chief Ministers of the Provinces."
147A.
Substituted for the words "within the time frame indicated by him" Legal Framework
(Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) [by amending
the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Sched.
item 17]
148.
See footnote 2.

Notes for Part VI, Chapter 1

149.
For the notification constituting the National Finance Commission, see Gazette of
Pakistan, 1974, Extraordinary, part 11, pages 191-192.
150.
See footnote 2.
151.
Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976),section 3,
for the original paragraph (ii), (with effect from September 13, 1976) which read: "(ii)
taxes on sales and purchase".
152.
For such Order, see the Distribution of Revenues and Grants-in-Aid Order, 1975
(President's Order No.2 of 1975).
153.
See footnote 2.
154.
Added by the Constitution (Amendment) Order, 1985 (P.O. No.11 of 1985), Art. 2,
(with effect from February 24, 1985).
155.
See footnote 2..

Notes for Part VI, Chapter 2

156.
 For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (President's Order
No. 21 of 1973).
157.
See footnote 2.

Notes for Part VII, Chapter 1

159.
Substituted by P.O.No.14 of 1985, Art.2 and Sch. item 33 (with effect from March 2,
1985) for the word "five".

Notes for Part VII, Chapter 2

160.
See footnote 2.
161.
Article 179 substituted by the Constitution (Seventeenth Amendment) Act, 2003,
section 6, for the following:
179.
[161A]

(1) A Judge of the Supreme Court shall hold office until he attains the age of [161B]
[sixty-eight years], unless he sooner resigns or is removed from office in accordance
with the Constitution.
[162] * * *
161A.
Article 179 renumbered as clause (1) of that Article, by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), section 5(with effect from September 13, 1976.
161B.
Substituted for the words "sixty-five years" by the Legal Framework (Amendment)
Order, 2002 (Chief Executive's Order No. 29 of 2002) which amends the Legal
Framework Order, 2002 (Chief Executive's Order No. 24 by inserting sched. item
17A).
162.
New clauses (2) to (5) added by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), section 5 (with effect from September 13, 1976) and clause (6) added by
Constitution (Sixth Amendment) Act, 1976,(84 of 1976) (with effect from December
31, 1976), omitted by P.O.No.14 of 1985 Art. 2 and Sch. item 34, (with effect from
March 2, 1985) read as under:
"(2) The Chief Justice of the Supreme Court, whether appointed before or after the
commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he
sooner attains the age of sixty-five years, hold office for a term of five years and shall
thereafter have the option either:-
(a) to retire from his office and receive the pension to which he would have been
entitled if he had retired from office on attaining the age of sixty-five years; or
(b) to assume the office of the most senior of the other Judges of the Supreme Court
and to continue to receive the same salary which he was receiving while holding the
office of Chief Justice.
 (3) When a Judge assumes the office of the most senior of the other Judges of the
Supreme Court under clause (2), the Judge who was until then the most senior of the
other Judges shall rank next after him in order of seniority.
(4) A person who has once held office as Chief Justice of the Supreme Court,
otherwise than under Article 180, shall not again be appointed to that office.
(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding
anything contained in Article 275.
(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of
the Supreme Court who attains the age of sixty-five years before he has held that
office for a term of five years may continue to hold that office until he has completed
that term."
163.
Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 36 (with effect from March 2,
1985), for the words "one of the judges of the Supreme Court who have not
previously held the office of Chief Justice of Pakistan otherwise than under this
Article."
164.
Added by Constitution (Amendment) Order, 1982: P.O.No.2 of 1982, section 2,(with
effect from February 27, 1982).
165.
For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of
Pakistan, 1974, Part III, page 1387.
166.
See footnote 2.
167.
Inserted by P.O.No.14 of 1985, Art. 2 and Sch. item 36 (with effect from March 2,
1985).
168.
Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 7,
for "The" (with effect from September 13, 1976).
169.
See footnote 2.

Notes for Part VII, Chapter 3

170.
Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 8
(with effect from December 1, 1976) for:
"(2) Notwithstanding anything contained in Article 175, any two provinces may, with
the consent of the President, agree that there shall be a common High Court for the
two Provinces, and the President shall establish a common High Court accordingly.

Explanation.- The Sind and Baluchistan High Court as functioning immediately

before the commencing day shall be deemed to have been established under this
clause.

(3) A High Court established under clause (2) shall have jurisdiction in both the
Provinces for which it has been established.
 (4) The agreement referred to in clause (2) shall contain such incidental and
consequential provisions, including provisions relating to sharing of expenditure
connected with the high Court, as may appear necessary or desirable for giving effect
to the purposes of the agreement and shall specify by which Governor any function
which is to be discharged by the Governor of a Province under this Chapter shall be
discharged in respect of the High Court, and the Governor so specified shall have the
power to discharge that function."
171.
For such Order in respect of establishment of High Courts for Baluchistan and Sind,
see the President's Order No. 6 of 1976 of November 29, 1976, Gazette of Pakistan,
1976, Extraordinary, Part I, pages 595-99.
172.
See footnote 2.
172A.
Substituted for the words "forty years" by the Legal Framework (Amendment) Order,
2002 (Chief Executive's Order No. 29 of 2002) which amends the Legal Framework
Order, 2002 (Chief Executive's Order No. 24) by inserting sched. item 17B).
173.
Explanation added by the Constitution (First Amendment) Act, 1974 (33 of 1974),
section 8 (with effect from May 4, 1974).
174.
Article 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 for
the following:
[174A]

[195.
(1)] A Judge of a High Court shall hold office until he attains the age of [174B]
[sixty-two years], unless he sooner resigns or is removed from office in
accordance with the Constitution.
[175] * * *
174A.
Article 195 renumbered as clause (1) of that Article by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), section 9 (with effect from September 13,
1976).
174B.
Substituted for the words "sixty-two years" by the Legal Framework (Amendment)
Order, 2002 (Chief Executive's Order No. 29 of 2002) which amends the Legal
Framework Order, 2002 (Chief Executive's Order No. 24 by inserting sched. item
17C).
175.
Clauses (2) to (5) added by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976) section 9 (with effect from September 13, 1976) and clause (6) added by the
Constitution (Sixth Amendment) Act, 1976 (84 of 1976) section 3 (with effect from
December 31, 1976) omitted by P.O.No.14 of 1985 Art. 2 and Sch. item 37 (with
effect from March 2, 1985) read as under:
"(2) The Chief Justice of a High Court, whether appointed before or after the
commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he
sooner attains the age of sixty-two years, hold office for a term of four years and shall
thereafter have the option either:
(a) to retire from his office and receive the pension to which he would have been
entitled if he had retired from office on attaining the age of sixty-two years; or
 (b) to assume the office of the most senior of the other Judges of the High Court and
to continue to receive the same salary which he was receiving while holding the office
of Chief Justice.
(3) When a Judge assumes the office of the most senior of the other Judges of a High
Court under clause (2), the Judges who was until then the most senior of the other
Judges shall rank next after him in order of seniority.
(4) A person who has once held office as Chief Justice of a High Court, otherwise
than under Article 196, shall not again be appointed to be the Chief Justice of that
High Court.
(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding
anything contained in Article 275.
(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a
High Court who attains the age of sixty-two years before he has held that office for a
term of four years may continue to hold that office until he has completed that term."
176.
Substituted by P.O.No.14 of 1985 Art. 2 and Sch. item 38 (with effect from March 2,
1985) for the words "one of the Judges of the High Court who have not previously
held the office of Chief Justice of the High Court otherwise than under this Article."
177.
Renumbered as Article 198 (1) by P.O.No.14 of 1985, Art. 2 and Sch. item 39 (with
effect from March 2, 1985).
178.
Added by P.O.No.14 of 1985, Art. 2 and Sch. item 39 (with effect from March 2,
1985).
179.
Substituted by the Constitution (First Amendment) Act, 1974 (33 of 1974) section 9
(with effect from May 4, 1974) for:
"(3) An order shall not be made under clause (1) on application made by or in relation
to a member of the Armed Forces of Pakistan 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."
180.
Clause (3A) inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975)
section 8 (with effect from November 21, 1975) read:
"(3A) A High Court shall not make an order under clause (1)
(a) Prohibiting the making of an order for the detention of a person, or
(b) for the grant of bail to a person detained, under any law providing for preventive
detention."
This was substituted by clauses (3A), (3B) and (3C) by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976) section 11 (With effect from September 13,
1976) which read:
"(3A) A High Court shall not make under this Article:-
(a) an order prohibiting the making, or suspending the operation,of an order for the
detention of any person under any law providing for preventive detention;
(b) an order for the release on bail of any person detained under any law providing for
preventive detention;
(c) an order for the release on bail, or an order suspending the operation of an order
for the custody, of any person against whom a report or complaint has been made
before any court or tribunal, or against whom a case has been registered at any police
station, in respect of an offence, or who has been convicted by any court or tribunal.
 (d) an order prohibiting the registration of a case at a police station, or the making of a
report or complaint before any court or tribunal, in respect of an offence; or
(e) any other interim order in respect of any person referred to in any of the preceding
paragraphs.
(3B) Every such order as is referred to in clause (3A) made at any time after the
commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to
have effect and all applications for the making of any such order that may be pending
before any High Court shall abate.
(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an
application in a petition for leave to appeal or in an appeal, from an order such as is
referred to in the said clause (3A) that my be pending-before the Supreme Court
immediately before the commencement of the Constitution (Fifth Amendment) Act,
1976."
The Constitution (Amendment) Order, 1980, (P.O.No.1 of 1980) section 2 (with
effect from May 26, 1980) inserted clauses (3A), (3B) and (3C) which read:
(3A) Notwithstanding any judgment of any Court, including any judgment in respect
of the powers of Courts relating to judicial review, a High Court shall not, under this
Article:-
(a) make an order relating to the validity or effect of,any Martial Law Regulation
made by the Chief Martial Law Administrator or any Martial Law Order made by the
Chief Martial Law Administrator or a Martial Law Administrator or of anything done,
or intended to be done or taken, thereunder;
(b) make an order relating to the validity or effect of any judgment or sentence passed
by a Military Court or Tribunal;
(c) grant an injunction, make any order or entertain any proceedings in respect of any
matter to which the jurisdiction of a Military Court or Tribunal extends and of which
cognizance has been taken by a Military Court or Tribunal; or
(d) issue any process against the Chief Martial Law Administrator or a Martial Law
Administrator or any person acting under the authority of either.
(3B) Every such order, injunction or process as is referred to in clause (3-A) made,
granted or issued at any time before or after the commencement of the
Constitution(Amendment)Order, 1980, shall, notwithstanding any judgment of any
Court, be null and void and of no effect whatsoever and any proceedings for the
making, granting or issue Of such order, injunction or process which may be pending
before any Court, including the Supreme Court and a High Court, shall abate.
(3C) The Proclamation of the fifth day of July 1977, all President's Orders, Orders of
the Chief Martial Law Administrator, Martial Law Regulations and Martial Law
Orders made on or after the fifth day of July 1977, are hereby declared,
notwithstanding any judgment of any Court, to have been validly made."
These have been emitted by P.O.No.14 of 1985 Art. 2 and Sch. item 40 (with effect
from March 2, 1985).
181.
Added by P.O.No.14 of 1985 Art. 2 and Sch. item 40 (with effect from March 2,
1985).
182.
Inserted by the Constitution ( Fourth Amendment ) Act, 1975 (71 of 1975), section 8
(with effect from November 21. 1975).
183.
Added by P.O.No.14 of 1985, Art. 2 and Sch. item 40 (with effect from March 2,
1985).
184.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 40 (with effect from March 2,
1985) for the words "sixty days".
184A.
Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24) by
inserting sched. item 18(1) for the words "unless the case is finally decided, or the
interim order is withdrawn, by the Court earlier".
185.
Clause (4B) added by P.O.No.14 of 1985, Art. 2 and Sch. item 40 (with effect from
March 2, 1985) was removed by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24) by inserting sched. item 18(2), and read as follows:
(4B) Every case in which, on an application under clause (1), the High Court has
made an interim order shall be disposed of by the High Court on merits within six
months from the day on which it is made, unless the High Court is prevented from
doing so for sufficient cause to be recorded.
186.
Substituted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section
12, for the full-stop.
187.
Proviso added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section
12.
188.
Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 41 (with effect from March 2,
1985) for the words "one year".
189.
Added by the Constitution (Third Amendment) Order, 1985 (P.O.No.24 of 1985)
section 3 with effect from March 19, 1985).
190.
Substituted by P.O.No.14 of 1985, Art 2 and Sch. item 41 (with effect from March 2,
1985) for:
"(2) When a judge is so transferred, he shall, during the period for which he serves as
a judge of the High Court to which he is transferred, be entitled to such compensatory
allowance, in addition to his salary, as the President may, by Order, determine."
191.
Clause (3) added by the Constitution (First Amendment) Act, 1974 (33 of 1974),
section 10 (with effect from May 4, 1974).
192.
Added by P.O.No. 14 of 1985, Art. 2 and Sch. item 41 (with effect from March 2,
1985).
193.
Added by the Constitution(Third Amendment) Order, 1985 (P.O.No.24 of 1985)
section 3 (with effect from March 19, 1985).

Notes for Part VII, Chapter 3A

194.
Substituted by the Constitution (Amendment) Order 1980, (P.O.No, 1 of 1980) section 3
(with effect from May 26, 1900) for Chapter 3-A inserted by the Constitution (Amendment)
Order, 1979 (P.O.No.3 of 1979) section 2 (with effect from February 7, 1979) which read:

CHAPTER 3-A.-SHARIAT BENCH OF SUPERIOR COURTS

203A

Provisions of Chapter to override other provisions of the Constitution.

The provisions of this Chapter shall have effect notwithstanding any contained in the
Constitution.

203B

Conferment of jurisdiction on High Court.

(1)

A High Court may, on the petition of a citizen of the 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 Qur'an and
the Sunnah of the Holy Prophet, hereafter in this Chapter referred to as the Injunctions of
Islam.

Explanation.— In this Chapter, “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 three years from the
commencement of this Chapter, any fiscal law, or any law relating to the collection of taxes
and fees or banking insurance practice and procedure.

(2)

If the High 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.

(3)

Every decision of the High Court shall be published in the official Gazette.

(4)

If any law or provision of law is held by the High Court to be repugnant to the Injunction of
Islam,--
(a)

the President in case of a law with respect to a matter in the Federal Legislative list or the
Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not
enumerated in either of those lists, shall take steps to amend the law so as to bring such law
or provision into conformity with the injunctions of Islam ; and

(b)

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

(5)

A party to any proceedings before the High Court under clause (1) may be represented by a
legal practitioner who is a Muslim who 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 High
Court for the purpose.

(6)

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

(7)

A legal practitioner or jurisconsult representing a party before the High 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.

(8)

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

(9)

No court-fee shall be payable in respect of any petition or application made to a High Court
under this Article.

(10)

For the purpose of the exercise of the jurisdiction conferred by Article, there shall be
constituted in each High Court a Bench consisting of three Muslim Judges of the High Court,
to be called the Shariat Bench; and reference in the preceding clause to the High Court shall
be construed as a reference to the Shariat Bench.
203C

Appeal to Supreme Court.

(1)

Any party in any proceedings before a High Court under Article 2O3-B aggrieved by the final
decision of the High Court in such proceedings may, within sixty days of such decision, prefer
an appeal to the Supreme Court.

(2)

The provision of clause (2) to (9) of Article 203B shall apply to and in relation to the Supreme
Court as if reference in those provision to High Court were a reference to the Supreme
Court.

(3)

For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be
constituted in the Supreme Court a Bench consisting of three Muslim Judges of the Supreme
Court, to be called the Shariat Appellate Bench ; and reference in the preceding clauses to
the Supreme Court shall be construed as a reference to the Shariat Appellate Bench.

203D

Pending proceedings to continue.

Nothing in Article 203B or Article 203C 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 of a petition having been
made to a High Court or the Supreme Court for a decision as to whether or not a law or
provision of law relevant to the decision of the point in issue to such proceedings is
repugnant to the Injunctions of Islam ; and such proceedings shall continue, and the point in
issue therein shall be decided, in accordance with the law for the time being in force.

203E

Power to make rules.

(1)

The Supreme Court, in consultation with the High Courts, may, by notification in the official
Gazette, make rules for carrying out the purposes of this Chapter.

(2)

In particular, and without prejudice to the generality of the foregoing power, such rules may
make provision in respect of all or any of the following matters,--

(a)
 regulation of the practice and procedure of a High Court and the Supreme Court in the
exercise of Jurisdiction under this Chapter;

(b)

the maintenance by a High Court and the Supreme Court of a panel of jurisconsults and of
ulema who may be invited by the High Court or, as the case may be, Supreme Court to
appear before it and render assistance to it in the performance of its functions under this
Chapter and the qualification of such ulema ; and

(c)

the scale of payment of the honorarium, travelling allowance and daily allowance to be paid
to ulema, jurisconsults, experts and witnesses summoned by the High Court or the Supreme
Court in the performance of its functions under this Chapter.

195

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982)

section 2(a) (with effect from March 22, 1982) for:

"(a)

"Chairman" means chairman of the Court;"

196

Added by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982) section 2(b)
(with effect from March 22, 1982).

197

The word "four" was substituted for the word "three" by the Constitution (Second
Amendment) Order, 1983 (P.O.No 7 of 1983) section 2, (with effect from May 19, 1983);
which was substituted by the Constitution (Second Amendment) Order, 1984 (P.O. No.2 of
1984) section 2 (with effect from April 26, 1984) by the word "five"; which was again
substituted by the word "ten" by P.O.No.14 of 1985, Art. 2 and Sch. item 42 (with effect
from March 2, 1985.

198

Clause (d) omitted by the Constitution (Second Amendment) Order, 1982 (P.O.no 5 of 1982)
section 2 (c) (with effect from March 22, 1982) read: "'member' means member of the
Court".

199
 Substituted by the Constitution (Second Amendment) Order, 1981 (P.O. No. 7 of 1981)
section 2 (with effect from May 27, 1981). Subsection (2) read: "The Court shall consist of
five members including the Chairman to be appointed by the President."

200

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982)

section 3(a) (with effect from March 22, 1982) for the word "members".

201

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982)

section 3(a) (with effect from March 22, 1982) for the word "Chairman".

202

Substituted by the Constitution (Third Amendment) Order, 1985 (P.O.No 24 of 1985) section
4(a) (with effect from March 19, 1985). Subsection (3) read: "The Chairman shall be a person
who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be
a person who is, or has been or is qualified to be a Judge of a High Court."

203

Substituted by the Constitution (Third Amendment) Order, 1985 (P.O.No 24 of 1985) section
4(b) (with effect from March 19, 1985) for the words "one year"

204

Inserted by the Constitution (Second Amendment) Order, 1980 (P.O.No. 4 of 1980) section
2(b) (with effect from June 21, 1980).

205

Inserted by the Constitution (Second Amendment) Order, 1980 (P.O.No. 4 of 1980) section
2(c) (with effect from June 21, 1980).

206

Inserted by P.O. No. 14 of 1985, Art. 2 and Sch. item 43 (with effect from March 2, 1985).

207

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982)

section 3(a) (with effect from March 22, 1982) for the word "members".

208

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No 5 of 1982)

section 3(b) (with effect from March 22, 1982) for the word "Chairman".

208A
 Substituted for the word "salary" by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24), Art 3(1), sched. item 19(a).

208B

Substituted for the full-stop by the Legal Framework Order, 2002 (Chief Executive's Order
No. 24), Art 3(1), sched. item 19(b).

208C

Proviso added by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art
3(1), sched. item 19(b).

209

Article 203-CC inserted by the Constitution (Amend) Order, 1981 (P.O. No. 5 of 1981) section
2 (with effect from April 13, 1981) omitted by Constitution (Second Amendment) Order,
1981 (P.O.No. 7 of 1981) section 3 (with effect from May 27, 1981) read:

"203-CC

Panel of Ulema and Ulema members.-

(1)

The President may, in consultation with the Chairman, draw up a panel of Ulema who are
well-versed in Islamic law for being associated with the Court in cases before it.

(2)

The Chairman shall, in all cases before the Court, request the Ulema not exceeding three,
borne on aforesaid panel to attend the sittings of the Court as Ulema members and, while so
sitting, they shall have the same power and jurisdiction, and be entitled to the same
privileges, as a member and such allowances as may be determined by the President."

210

Inserted by the Constitution (Second Amendment) Order, 1982 (P.O.No. 5 of 1982) section 4
(with effect from March 22, 1982).

211

Inserted by the Constitution (Amendment) Order, 1984 (P.O.No. 1 of 1984) section 2(a) (with
effect from February 14, 1984).

212

Substituted by the Constitution (Amendment) Order, 1984 (P.O.No. 1 of 1984) section 2(b)
(with effect from February 14, 1984) for the full stop.

213
 Added by the Constitution (Amendment) Order, 1984 (P.O.No. 1 of 1984) section 2(a) (with
effect from February 14, 1984), "and shall be deemed to always have been so added".

214

Clause (4) omitted by the Constitution (Second Amendment) Order, 1980 (P.O.No.4 of 1980)
section 3 (with effect from June 21, 1980) read:

"(4)

A decision of the Court shall be expressed in terms of the opinion of the majority of its
members and shall be published in the official Gazette."

215

Substituted by the Constitution (Second Amendment) Order, 1982 (P.O.No. 5 of 1982)

section 5 (with effect from March 22, 1982) for:

"203-DD

Further jurisdiction of the Court

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

which was inserted by the Constitution (Second Amendment) Order, 1980 (P.O.No.4
of 1980) section 4 (with effect from June 21, 1980).

216

Substituted by the Constitution (Second Amendment) Order, 1980 (P.O.No.4 of 1980)

section 5 (with effect from June 21, 1980) for the words "this Article".

217

Added by the Constitution (Amendment) Order, 1981 (P.O.No. 5 of 1981) section 3 (with
effect from April 13, 1981).

218

Substituted by the Constitution (Third Amendment) Order, 1983 (P.O.No. 9 of 1983) section
2 for the full stop (with effect form July 28, 1983).

219

Added by the Constitution (Third Amendment) Order, 1983 (P.O.No. 9 of 1983) section 2
(with effect form July 28, 1983).

220

Inserted by the Constitution (Second Amendment) Order, 1982 (P.O.No. 5 of 1982) section 6
(with effect from March 22, 1982).

221
 Substituted by the Constitution (Third Amendment) Order, 1982 (P.O.No.12 of 1982) section
2, for clause 3 (with effect from August 15, 1982) which read:

"(3)

For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be
constituted in the Supreme Court a Bench consisting of three Muslim Judges of the Supreme
Court, to be called the Shariat Appellate Bench, and reference in the preceding clauses to
"Supreme Court" shall be construed as a reference to the Shariat Appellate Bench."

222

Inserted by the Constitution (Second Amendment) Order, 1982 (P.O.No.5 of 1982) section 7
(with effect form March 22, 1982).

223

Article 203-I which read:

"203-I

Administrative arrangements, etc

The Federal Government shall make all such administrative arrangements, and make
available to the Court the services of such officers and experts, as it may consider necessary
for the convenient performance of the functions of the Court."

has been omitted by the Constitution (Second Amendment) Order, 1982 (P.O.No. 5 of
1982) section 8 (with effect from March 22, 1982).

224

The word "and" omitted by the Constitution (Second Amendment) Order, 1980 (P.O.No.4 of
1980) section 6 (with effect from June 21, 1980).

225

Substituted by the Constitution (Second Amendment) Order, 1980 (P.O.No.4 of 1980)

section 6 for the full stop(with effect from June 21, 1980).

226

Added by the Constitution (Second Amendment) Order, 1980 (P.O.No.4 of 1980) section 6
(with effect from June 21, 1980).

Notes for Part VII, Chapter 4

227

Substituted by P.O.No. 14 of 1985 Art. 2 and Sch. item 44 (with effect from March 2, 1985):
 "204

(1)

In this Article "Court means the Supreme Court or a High Court.

(2)

A Court shall have the power to punish a person for contempt of Court in accordance with
law."

Clause (2) was substituted for the original clauses (2) and (3) by the Constitution
(Fifth Amendment) Act, 1976 (62 of 1976), section 13, (with effect from December 1,
1976). These original clauses were identical to clauses (2) and (3) substituted by
P.O.No. 14 of 1985 except for the explanation to clause (2) which read:

"Explanation.-Fair comment made in good faith and in the public interest on the working of
the Court or any of its final decisions after the expiry of the period of limitation for appeal, if
any, shall not constitute contempt of Court."

228

Article 206 renumbered as clause (1) of that Article, by the Constitution (Fifth Amendment)
Act, 1976 (62 of 1976), section 14 (with effect from September 13, 1976).

229

New clause (2) added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section
14 (with effect from September 13, 1976).

230

Inserted by the Constitution (Second Amendment) Order, 1982 (P.O.No.5 of 1982) section 9
(with effect from March 22, 1982).

231

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 11, (with
effect from May 4, 1974).

231A

Substituted for the words and comma "received from the Council or from any other source,"
by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item
20(i).

231B

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 20(ii).
232

Substituted and shall be deemed always to have been so substituted by the Constitution
(First Amendment) Act, 1974 (33 of 1974), section 12, for "establish". (May 4, 1974).

233

Inserted and shall be deemed always to have been so inserted by the Constitution (First
Amendment) Act, 1974 (33 of 1974), section 12 (with effect from May 4, 1974).

234

Inserted and shall be deemed always to have been so inserted by the Constitution (Second
Amendment) Act, 1974 (49 of 1974), section 12 (with effect from September 17, 1974).

235

Inserted and shall be deemed always to have been so inserted by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), section 15, (September 13, 1976).

236

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

237

For such law, see the Provincial Service Tribunals (Extension of Provisions of the
Constitution) Act, 1974 (32 of 1974).

238

Article 212 A added by the Constitution (Second Amendment) Order, 1979 (P.O.No. 21 of
1979) section 2 (with effect from July 5, 1977) which read:

"212-A.

(1)

Notwithstanding anything herein before contained, the Chief Martial Law Administrator
may, by a Martial Law Order, provide for the establishment of one or more Military Courts
or Tribunals for the trial of offenses punishable under the Martial Law Regulations or Martial
Law Orders or any other law, including a special law, for the time being in force specified in
the said Martial Law Order and for the transfer of cases to such Courts or Tribunals.

(2)

The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified
in a Martial Law Order issued by the Chief Martial Law Administrator.

(3)
 Notwithstanding anything herein before contained, where any Military Court or Tribunal is
established, no other court, including a High Court, shall grant an injunction, make any order
or entertain any proceedings in respect of any matter to which the jurisdiction of the
Military Court or Tribunal extends and of which cognizance has been taken by, or which has
been transferred to, the Military Court or Tribunal and all proceedings in respect of any such
matter which may be pending before Court, shall abate."

has been omitted by P.O.No. 14 of 1985 Art. 2 and Sch. item 45 and S.R.O of
December 29, 1985 issued by the Ministry of Justice (with effect from December 30,
1985).

238A

Article 212-B reproduced below was added by Constitution (Twelfth Amendment) Act, 1991,
section 2, for a period of three years, which expired in 1994, and, at that time, Article 212-B
ceased to be part of the Constitution

212-B.

Establishment of Special Courts for trial heinous offences.

(1)

In order to ensure speedy trial of cases of persons accused of the heinous offences specified
by law as are referred to them by the Federal Government, or an authority or person
authorized by it, in view of their being gruesome, brutal and sensational in character or
shocking to public morality, the Federal Government may by law constitute as many Special
Courts as it may consider necessary.

(2)

Where the Federal Government constitutes more than one Special Court, it shall determine
the territorial limits within which each one of them shall exercise jurisdiction.

(3)

A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for
appointment as, a Judge of a High Court and is appointed by the Federal Government after
consultation with the Chief Justice of the High Court.

(4}

A person other than a Judge of a High Court who is appointed as a Judge of a Special Court
shall hold office for the period this Article remains in force and shall not be removed from
office except in the manner prescribed in Article 209 for the removal from office of a Judge,
and, in the application of the said Article for the purposes of this clause, any reference in
that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5)
 The law referred to in clause (1) shall make provision for the constitution of as many
Supreme Appellate Court as the Federal Government may consider necessary and an appeal
against the sentence or final order of a Special Court being preferred to a Supreme Appellate
Court which shall consist of –

(a)

a Chairman, being a Judge of the Supreme Court to be nominated by the Federal

Government after consultation with the Chief Justice of Pakistan, and

(b)

two Judges of the High Courts to be nominated by the Federal Government after
consultation with the Chief Justice of the High Court concerned.

(6)

Where the Federal Government constitutes more than one Supreme Appellate Court, it shall
determine the territorial limits within which each one of them shall exercise Jurisdiction.

(7)

A Special Court and a Supreme Appellate Court shall decide a case or , as the case may be,
an appeal with thirty days.

(8)

Notwithstanding anything contained in the Constitution, no Court shall exercise any

jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed
by a Special Court or a Supreme Appellate Court constituted under a law referred to in
clause (1), except as provided in such law.

Notes for Part VIII, Chapter 1

239

Added by P.O.No. 14 of 1985, Art. 2 and Sch. item 46 (with effect from March 2, 1985).

239A

Clause (1) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24),
Art 3(1), sched. item 21(1) for the following:

(1) For the purpose of each general election to the National Assembly and to a Provincial
Assembly, an Election Commission shall be constituted in accordance with this Article.

239B
 Substituted for the word "two" by the Legal Framework Order, 2002 (Chief Executive's Order
No. 24), Art 3(1), sched. item 21(2)(i).

239C

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 21(2)(ii).

240

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

Notes for Part VIII, Chapter 2

240

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

240A.

Substituted for the word "preceding" by the Legal Framework Order, 2002 (Chief Executive's
Order No. 24), Art 3(1), sched. item 22(a)(i).

240B.

Substituted for the full-stop by the Legal Framework Order, 2002 (Chief Executive's Order
No. 24), Art 3(1), sched. item 22(a)(ii).

240C.

Proviso added by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art
3(1), sched. item 22(a)(ii).

240D.

Substituted for the words and comma "Provincial Assembly, a" by the Legal Framework
Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 22(b).

240E.

Clauses (6) and (7) inserted by the Legal Framework Order, 2002 (Chief Executive's Order No.
24), Art 3(1), sched. item 22(c).

241.
 The words "other than those of the Prime Minister and a Chief Minister" omitted by the
Constitution (Third Amendment) Order, 1985 (P.O.No. 24 of 1985) section 5 (with effect
from March 19, 1985).

Notes for Part IX

242.

Added by Constitution (Third Amendment) Order, 1980 (P.O.No. 14 of 1980) section 2, (with
effect from September 17, 1980).

243.

For the notification constituting the Council of Islamic Ideology, see Gazette of Pakistan,
1974, Extraordinary, part II, Page 165.
For the Council of Islamic Ideology (Terms and Conditions of Members) Rules, 1974, see
Gazette of Pakistan, 1974, Extraordinary, Part II, page 1727.

244.

Substituted by the Constitution (Fourth Amendment) Order, 1980 (P.O.No. 16 of 1980)

section 2, for the word "fifteen" (with effect from November 30, 1980).

245.

Substituted by the Constitution (Fourth Amendment) Order, 1982 (P.O.No. 13 of 1982)

section 2, (with effect from September 2, 1982) for:

"(4)

The President shall appoint one of the members referred to in paragraph (b) of clause (3) to
be the Chairman of the Islamic Council."

246.

See footnote 2.

247.

For the Council of Islamic Ideology (Procedure) Rules, 1974, see Gazette of Pakistan, 1974,
Extraordinary, Part II, pages 771-773.

Notes for Part X

248.
 Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 47 (with effect from March 2, 1985)
for:

"(a)

Parliament shall have power to make laws for a province, or any part thereof, with respect
to any matter enumerated in Part II of the Federal Legislative List or the Concurrent
Legislative List or with respect to any matter not enumerated in either of those Lists, as if it
were a matter specified in Part I of the Federal Legislative List."

249.

For such Order, in respect of N.W.F.P., see S.R.O. No. 22 (I)/75, dated February 16, 1975,
Gazette of Pakistan, 1975, Extraordinary, Part II, page 329, since rescinded by S.R.O. No. 522
(I)/75, dated May 3, 1975, see Gazette of Pakistan, 1975, Extraordinary, Part II, page 727;
and

For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641 (I)/76,
dated June 30, 1976, Gazette of Pakistan, 1976, Extraordinary, Part II, page 1207,
since rescinded by S.R.O. No. 1161 (I)/76, dated December 6, 1976, see Gazette of
Pakistan, 1976, Extraordinary, Part II, page 2279.

250.

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

251.

The joint sitting passed the following resolution on September 5, 1973:-

"That the joint siting approves under clause (7) of Article 232 of the Constitution read with
Article 280 thereof, the Proclamation of Emergency issued on November 23, 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)."

252

Substituted by the Constitution (Third Amendment) Act, 1975 (22 of 1975), section 3 (with
effect from February 13, 1975), for original paragraph (b) which read 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 Gazette of Pakistan, 1974, Extraordinary, Part II,
page 343, and page 1183.
253

The Order suspending the right to move any court for the enforcement of certain
Fundamental Rights issued vide Gazette of Pakistan, 1973, Extraordinary, part I, 602, has
been rescinded by S.R.O. 1093 (I)/74, dated August 14, 1974. See Gazette of Pakistan, 1974,
Extraordinary, Part II, page 1548. The Laws (Continuance in Force) Order 1977 (CMLA Order
1 of 1977) sections 2(3) suspending Fundamental Rights and all proceedings pending in
courts for the enforcement of these rights, has been repealed by the Proclamation of
Withdrawal of Martial Law, December 30, 1985, section 1, issued by the CMLA.

254

The joint sitting passed the following resolution on September 6, 1973:-

"That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with
clause (3) of the Article 233 thereof, the President's Order of the 14th of August, 1973, made
under clause (2) of the said Article 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 Article 232."

For resolution approving the continuance in force of the President's Order of the 14th
of August , 1973, for a further period of six months, see Gazette of Pakistan, 1974,
Extraordinary, Part III, page 343.

Notes for Part XI

255

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

256

Article 239 originally read:

"239

(1)

A Bill to amend the Constitution shall originate in the National Assembly and when the Bill
has been passed by the votes of not less than two-thirds of the total membership of the
Assembly it shall be transmitted to the Senate.

(2)

If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall
be presented to the President for assent.
(3)

If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National
Assembly; and if the Bill as amended by the Senate is passed by the Assembly by the votes of
not less than two-thirds of the total membership of the Assembly, it shall be presented to
the President for assent.

(4)

If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill
shall be deemed to have been rejected by the Senate.

(5)

The President shall assent to the Bill within seven days of the presentation of the Bill to him,
and if he fails to do so he shall be deemed to have assented thereto at the expiration of that
period.

(6)

When the President has assented to or is deemed to have assented to the Bill, the Bill shall
become Act of Parliament and the Constitution shall stand amended in accordance with the
terms thereof.

(7)

A Bill to amend the Constitution which would have the effect of altering the limits of a
Province shall not be passed by the National Assembly unless it has been approved by a
resolution of the Provincial Assembly of that Province passed by the votes of not less than
two-thirds of the total membership of that Assembly."

This was substituted by P.O.No. 14 of 1985 Art. 2 and Sch. item 48 (with effect from
March 2, 1985) by:

"239

Constitution amendment Bill

(1)

A Bill to amend this 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 be transmitted
to all the Provincial Assemblies.
 (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
be transmitted to all the Provincial Assembles.

(4)

Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or
clause (3) is passed by each such Assembly by a majority of the total number of its members
present and voting, it shall be presented to the President for assent.

(5)

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.

(6)

No amendment of the Constitution shall be called in question in any court on any ground
whatsoever.

(7)

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 by way of addition, modification or
repeal any of the provisions of the Constitution."

This was substituted by the present text through the Constitution (Second
Amendment) Order, 1985 (P.O.No. 20 of 1985) Art. 3 (with effect from March 17,
1985.

Notes for Part XII, Chapter 1

257

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

258

Inserted by P.O.No. 14 of 1985, Art. 2 and Sch. item 49 (with effect from March 2, 1985).

Notes for Part XII, Chapter 2

258A
 Inserted by P.O.No. 14 of 1985, Art. 2 and Sch. item 50 (with effect from March 2, 1985).

258B

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 23(1)(a).

258C

Substituted for the word and semi-colon "and;" by the Legal Framework Order, 2002 (Chief
Executive's Order No. 24), Art 3(1), sched. item 23(1)(b).

258D

Sub-clause (c) omitted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24),
Art 3(1), sched. item 23(1)(c) read as follows:

(c) to appoint the Chairman, Joint Chiefs of Staff Committee, the Chief of the Army Staff, the
Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and
allowances.

258E

Clause (3) inserted by by the Legal Framework Order, 2002 (Chief Executive's Order No. 24),
Art 3(1), sched. item 23(2).

258F

Substituted for the words "in his discretion" by the Constitution (Seventeenth Amendment)
Act, 2003, section 8.

259

Re-numbered as clause (1) by the Constitution (Seventh Amendment) Act, 1977 (23 of 1977)
section 4 (with effect from May 16, 1977).

259A

Clauses (2) to (4) inserted by the Constitution (Seventh Amendment) Act, 1977 (23 of 1977)
section 4 (with effect from May 16, 1977).

Notes for Part XII, Chapter 3

260

Inserted by the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), section 4 (with
effect from December 13, 1976), and shall be deemed to have been so inserted on October
1, 1976

261
 Substituted by the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), section 4 for
"Hazara" (with effect from December 13, 1976), and shall be deemed to have been so
substituted on October 1, 1976.

262

Substituted by the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), section 4 for the
original paragraph (v) (with effect from December 13, 1976), which read:

"(v)

Bajaur in Malakand Agency;"

and shall be deemed to have been so substituted on December 1, 1976.

263

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

Notes for Part XII, Chapter 4

264

The words and comma "a Governor," omitted by the Constitution (First Amendment) Act,
1974, (33 of 1974), section 13 (with effect from May 4, 1974).

265

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

266

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

267

Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 51 for the words "be made in" (with
effect from March 2, 1985).

268

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

269

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 14 (with
effect from May 4, 1974).
270

Substituted by the Constitution (Third Amendment) Order, 1981 (P.O.No. 12 of 1981),

section 2 for the words "or academic distinction". (with effect from October 12, 1981).

271

Inserted and shall be deemed always to have been so inserted by the Constitution (First
Amendment) Act, 1974 (33 of 1974), section 14 (with effect from May 4, 1974).

Notes for Part XII, Chapter 5

272

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

273

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 15 (with
effect from May 8, 1974).

273A

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 24.

274

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

275

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 15 (with
effect from May 8, 1974).

276

Inserted by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 16 (with
effect from September 1, 1976).

277

Inserted by the Constitution (Sixth Amendment) Act, 1976 (84 of 1976), section 5 (with
effect from December 31, 1976).

278

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).
279

Substituted by the Constitution (Third Amendment) Order, 1985 (P.O.No. 24 of 1985),

section 6 (with effect from March 19, 1985) for clause (3), added by the Constitution (Second
Amendment) Act, 1974 (49 of 1974), section 3 (with effect from September 17, 1974); it
read:

"(3)

A person who does not believe in the absolute and unqualified finality of the Prophethood of
Muhammad (Peace be upon him) the last of the Prophets, or claims to be a Prophet, in any
sense of the word or of any description whatsoever, after Muhammad (Peace be upon him),
or recognizes such a claimant as a prophet or a religious reformer, is not a Muslim for the
purposes of the Constitution or law."

Notes for Part XII, Chapter 7

279A

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 25(a).

279B

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 25(b).

279C

Substituted for the full-stop by the Constitution (Seventeenth Amendment) Act, 2003,
section 9.

279D

Proviso inserted by the Constitution (Seventeenth Amendment) Act, 2003, section 9.

280

For such authorization, see Gazette of Pakistan, 1973, Extraordinary, Part II, page 2001.

281

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

282

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 19 (with effect from
December 30, 1985) for Article 270-A inserted by P.O.No. 14 of 1985 Art. 2 and Sch. item 52
(with effect from March 2, 1985) which read:
"270-A

(1)

The Proclamation of the fifth day of July, 1977, all President's Orders, Martial Law
Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977,
and the date on which this Article comes into force, are hereby declared, notwithstanding
any judgment of any court, to have been validly made by competent authority and,
notwithstanding anything contained in the Constitution, shall not be called in question in
any court on any ground whatsoever.

(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, Martial Law Regulations, Martial
Law Orders, enactments, notification, rules, orders or bye-laws, or in execution of or in
compliance with any order made or sentence passed by any authority in the exercise or
purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any
court, be deemed to be and always to have been validly made, taken or done and shall not
be called in question in any court on any ground whatsoever.

(3)

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

(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.
[283]

[(6)
 The President's Orders referred to in clause (1) shall not be altered, repealed or amended
without the previous sanction of the President.]

Explanation:- In this Article, "President's Orders" includes "President and Chief

Martial Law Administrator's Order, and Chief Martial Law Administrator's Orders."

283

Clause (6) was substituted by the Constitution (Second Amendment) Order, 1985 (P.O.No. 20
of 1985), Section 4 (with effect from March 17, 1985), for:

"Any of the President's Orders referred to in clause (1) may be amended in the manner
provided for amendment of the Constitution."

283A

Article 270-AA substituted for Article 270-AA which was inserted by the Legal Framework
Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 26 and read as follows:

"270AA. Validation of laws.-

(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all
President's Orders, Ordinances, Chief Executive's Orders, including the
Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order,
2000 (No.l of 2000), the Referendum Order, 2002 (Chief Executive's Order No.
12 of 2002) and all other laws made between the twelfth day of October, one
thousand nine hundred and ninety-nine and the date on which this Article
comes into force, are hereby affirmed, adopted and declared notwithstanding
any judgment of any court, to have been validly made by competent authority
and notwithstanding anything contained in the constitution shall not be called
in question in any court on any ground whatsoever.

(2) 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 date on which this Article comes into force
(both days inclusive), in exercise of the powers derived from any proclamation,
President's Orders, Ordinances, Chief Executive's Orders, enactments,
notifications, rules, orders, bye-laws, 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 any judgment
of any court, be deemed to be and always to have been validly made, taken or
done and shall not be called in question in any court on any ground
whatsoever.
 (3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders,
laws, regulations, 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 Orders, Ordinances, Chief Executive's 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,
appointments made, including secondments and deputations, 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.

284

Inserted by P.O.No. 14 of 1985, Art 2 and Sch. item 52 (with effect from March 2, 1985).

284A

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1),
sched. item 27

284B

Article 270C inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24),
Art 3(1), sched. item 28

285

Article 271 shall, during the period of five years from October 27, 1973, have effect as if,-
 (a)

after clause (2) thereof, the following new clause was inserted, 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 otherwise" were
inserted.

See the Removal of Difficulties (Bar against Double Membership) Order, 1973
(President's Order No.22 of 1973).

286

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (with
effect from November 21, 1975).

287

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (with
effect from November 21, 1975) for:

"(a)

the first National Assembly shall consist of persons who have taken oath in the National
Assembly of Pakistan existing immediately before the commencing day and unless sooner
dissolved, shall continue till the fourteenth day of August, one thousand nine hundred and
seventy seven, and reference to "total membership" of the National Assembly in the
Constitution shall be construed accordingly; and"

288

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (with
effect from November 21, 1975).

289

Article 272 had, between June 9, 1973, and August 14, 1974, effect subject to the following
modifications made by the Election to the Senate Order, 1973 (President's Order 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 man, for the purpose
of the due constitution of, and election to, the Senate, by Order, make provision of 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."

290

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 16 (with
effect from May 4, 1974).

291

The brackets and figure "(1)" omitted by the Constitution (Fourth Amendment) Act, 1975 (71
of 1975), section 10 (with effect from November 21, 1975).

292

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 10 (with
effect from November 21, 1975).

293

Article 273 shall, during the period of five years from October 27, 1973, have effect as if, in
clause (2) thereof, after the words "election petition", the words "or otherwise" were
inserted. See the Removal of Difficulties (Bar against Double Membership) Order, 1973
(President's Order No.22 of 1973).

294

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (with
effect from November 21, 1975).

295

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (with
effect from November 21, 1975) for:

"(a)

the first Assembly of a Province under the Constitution shall consist of the members of the
Assembly of that Province in existence immediately before the commencing day and unless
 sooner dissolved, shall continue until the fourteenth day of August, one thousand nine
hundred and seventy-seven and reference to "total membership" of the Assembly of a
Province in the Constitution shall be construed accordingly;"

296

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (with
effect from November 21, 1975).

297

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985:
P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

298

Added and shall be deemed always to have been so added by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), section 17.