The Constitution of the Islamic Republic of Pakistan
12th April, 1973
Preamble
Whereas sovereignty over the entire Universe belongs to Almighty Allah
alone, and the authority to be exercised by the people of 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;
Congnisant of the sacrifices made by the people in the cause of
Pakistan;
Faithful to the declaration made by the Founder of Pakistan,
Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic
State based on Islamic principles of social justice;
Dedicated to the preservation of democracy achieved by the unremitting
struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity
and solidarity by creating an egalitarian society through a new
order;
Do hereby, through our representatives in the National Assembly,
adopt, enact and give to ourselves, this Constitution.
PART I
Introductory
- 1.
- (1) Pakistan shall be a Federal Republic to be known as the Islamic
Republic of Pakistan, hereinafter referred to as Pakistan.
- (2) The territories of Pakistan
shall comprise :-
-
- (a) the Provinces of Baluchistan, the North-West Frontier, the Punjab
and Sind;
- (b) the Islamabad Capital Territory, hereinafter referred to as the
Federal Capital;
- (c) Federally Administered Tribal Areas; and
- (d) such States and territories as are or may be included in Pakistan,
whether by accession or otherwise.
- (3) [Majlis-e-Shoora
(Parliament)] may by law admit into the Federation new States or areas
on such terms and conditions as it thinks fit.]
- 2.
- Islam shall be the State religion of Pakistan.
- 2A.
- The principles and provisions set out in the objectives Resolution
reproduced in the Annex are hereby made substantive part of the
Constitution and shall have effect accordingly.
- 3.
- The State shall ensure the elimination of all forms of exploitation
and the gradual fulfilment of the fundamental principle, from each
according to his ability to each according to his work.
- 4.
- (1) To enjoy the protection of law and to be treated in accordance
with law is the inalienable right of every citizen, wherever he may be,
and of every other person for the time being within Pakistan.
- (2)In particular :-
-
- (a) no action detrimental to the life, liberty, body, reputation or
property of any person shall be taken except in accordance with law;
- (b) no person shall be prevented from or be hindered in doing that
which is not prohibited by law; and
- (c) no person shall be compelled to do that which the law does not
require him to do.
- 5.
- (1) Loyalty to the State is the basic duty of every citizen.
- (2) Obedience to the Constitution and law is the [inviolable] obligation of every citizen
wherever he may be and of every other person for the time being within
Pakistan.
- 6.
- (1) Any person who abrogates or attempts or conspires to abrogate,
subverts or attempts or conspires to subvert the Constitution by use of
force or show of force or by other unconstitutional means shall be guilty
of high treason.
- (2) Any person aiding or abetting the acts mentioned in clause (1)
shall likewise be guilty of high treason.
- (3) [Majlis-e-Shoora (Parliament)]
shall by law provide for the punishment of persons found guilty of high
treason.
PART II
Fundamental Rights and Principles of Policy
- 7.
- In this Part, unless the context otherwise requires, "the State"
means the Federal Government,
[Majlis-e-Shoora (Parliament)], a
Provincial Government, a Provincial Assembly, and such local or
other authorities in Pakistan as are by law empowered to impose any tax or
cess.
-
Chapter 1. FUNDAMENTAL RIGHTS
- 8.
- (1) Any law, or any custom or usage having the force of law, in so far
as it is inconsistent with the rights conferred by this Chapter, shall, to
the extent of such inconsistency, be void.
- (2) The State shall not make any law which takes away or abridges the
rights so conferred and any law made in contravention of this clause
shall, to the extent of such contravention, be void.
(3) The provisions of this Article shall not apply to :-
-
- (a) any law relating to members of the Armed Forces, or of
the police or of such other forces as are charged with the maintenance of
public order, for the purpose of ensuring the proper discharge of their
duties or the maintenance of discipline among them; or
(b) any of the
-
- (i) laws specified in the First Schedule as
in force immediately before the commencing day or as amended by any of the
laws specified in that Schedule;
- (ii) other laws specified in Part I of the
First Schedule;
and no such law nor any provision thereof shall
be void on the ground that such law or provision
is inconsistent with, or repugnant to, any provision
of this Chapter.
- (4) Notwithstanding anything contained in paragraph (b) of clause (3),
within a period of two years from the commencing day, the appropriate
Legislature shall bring the laws specified in [Part II of the First Schedule] into
conformity with the rights conferred by this Chapter:
-
- Provided that the appropriate Legislature may by resolution extend the
said period of two years by a period not exceeding six months.
- Explanation :- If in respect of any law [Majlis-e-Shoora (Parliament)] is the
appropriate Legislature, such resolution shall be a resolution of the
National Assembly.
- (5) The rights conferred by this Chapter shall not be suspended except
as expressly provided by the Constitution.
- 9.
- No person shall be deprived of life or liberty
save in accordance with law.
- 10.
- (1) No person who is arrested shall be detained in custody without
being informed, as soon as may be, of the grounds for such arrest, nor
shall he be denied the right to consult and be defended by a legal
practitioner of his choice.
- (2) Every person who is arrested and detained in custody shall be
produced before a magistrate within a period of twenty-four hours of such
arrest, excluding the time necessary for the journey from the place of
arrest to the court of the nearest magistrate, and no such person shall be
detained in custody beyond the said period without the authority of a
magistrate.
- (3) Nothing in clauses (1) and (2) shall apply to any person who is
arrested or detained under any law providing for preventive detention.
- (4) No law providing for preventive detention shall be made except to
deal with persons acting in a manner prejudicial to the integrity,
security or defence of Pakistan or any part thereof, or external affairs
of Pakistan, or public order, or the maintenance of supplies or services,
and no such law shall authorise the detention of a person for a period
exceeding [three months] unless the appropriate Review Board has, after
affording him an opportunity of being heard in person, reviewed his case
and reported, before the expiration of the said period, that there is, in
its opinion, sufficient cause for such detention, and, if the detention is
continued after the said period of [three months], unless the appropriate
Review Board has reviewed his case and reported, before the expiration of
each period of three months, that there is, in its opinion, sufficient
cause for such detention.
- 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, [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 detai- ned in pursuance of any
such order for more than a total period of eight months in the case of a
person detained for acting in a manner prejudicial to public order and
twelve months in any other case:
-
- Provided that this clause shall not apply to any person who is
employed by, or works for, or acts on instructions received from, the
enemy [or who is acting or attempting
to act in a manner prejudicial to the integrity, security or defence of
Pakistan or any part thereof or who commits or attempts to commit any act
which amounts to an anti-national activity as defined in a Federal law or
is a member of any association which has for its objects, or which
indulges in, any such anti-national activity.
- (8) The appropriate Review Board shall deter-
mine the place of detention of the person detained
and fix a reasonable subsistence allowance for his
family.
- (9) Nothing in this Article shall apply to any person who for the time
being is an enemy alien.
- 11.
- (1) Slavery is non-existent and forbidden and no law shall permit or
facilitate its introduction into Pakistan in any form.
- (2) All forms of forced labour and traffic in human beings are
prohibited.
- (3) No child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment.
- (4) Nothing in this Article shall be deemed to affect compulsory
service:-
-
- (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.
- (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 (I) or in Article 270 shall apply to any law
making acts of abrogation or subversion of a Constitution in force in
Pakistan at any time since the twenty-third day of March, one thousand
nine hundred and fifty-six, an offence.
- 13.
- No person:-
-
- (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 himse1f
- 14.
- (1) The dignity of man and, subject to law, the privacy of home, shall
be inviolable.
- (2) No person shall be subjected to torture for the purpose of
extracting evidence.
- 15.
- Every citizen shall have the right to remain in, and, subject to any
reasonable restriction imposed by law in the public interest, enter and
move freely throughout Pakistan and to reside and settle in any part
thereof.
- 16.
- Every citizen shall have the right to assemble peacefully and without
arms, subject to any reason able restrictions imposed by law in the
interest of Public order.
- 17.
- (1) Every citizen shall have the right to form associations or
unions, subject to any reason- able restrictions imposed by law in the
interest of [sovereignty or
integrity of Pakistan, public order or morality].
- [(2) Every citizen, not
being in the service of Pakistan, shall have the right to form or be a
member of a political party, subject to any reasonab1e restrictions
imposed by law in the interest of the sovereignty or integrity of
Pakistan and such law shall provide that where the Federal Government
declare that any political party has been formed or is operating in a
manner prejudicial to the sovereignty or integrity of Pakistan, the
Federal Government shall, within fifteen days of such decla- ration,
refer the matter to the Supreme Court whose decision on such reference
shall be final.
- (3) Every political party shall account for the source of its funds in
accordance with law.]
- 18.
- Subject to such qualifications, if any, as may be prescribed by law,
every citizen shall have the right to enter upon any lawful profession or
occupation, and to conduct any lawful trade or business:
-
- 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 corpora- tion controlled by any such Government, of
any trade, business, industry or service, to the exclusion, complete or
partial, of other persons.
- 19.
- Every citizen shall have the right to freedom of speech and
expression, and there shall be freedom of the press, subject to any
reasonable restrictions imposed by law in the interest of the glory of
Islam or the integrity, security or defence of Pakistan or any part
thereof, friendly relaffons with foreign States, public order, decency or
morality, or in relation to contempt of court,[commission of] or incitement to an
offence.
- 20.
- Subject to law, public order and morality:-
- (a) every citizen shall have the right to profess, practise and
propagate his religion; and
- (b) every religious denomination and every sect thereof shall have the
right to establish, maintain and manage its religious institutions.
- 21.
- No person shall be compelled to pay any special tax the proceeds of
which are to be spent on the propagation or maintenance of any religion
other than his own.
- 22.
- (1) No person attending any educational institution shall be required
to receive religious instruc tion, or take part in any religious ceremony,
or attend religious worship, if such instruction, ceremony or worship
relates to a religion other than his own.
- (2) In respect of any religious institution, there shall be no
discrimination against any community in the granting of exemption or
concession in relation to taxation.
- (3) Subject to law:
-
- (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.
- Every citizen shall have the right to acquire, hold and dispose of
property in any part of Pakistan, subject to the Constitution and any
reasonable restrictions imposed by law in the public interest.
- 24.
- (1) No person shall be compulsorily deprived of his property save in
accordance with law.
- (2) No property shall be compulsorily acquired or taken possession of
save for a public purpose, and save by the authority of law which provides
for compensation therefore and either fixes the amount of compensation or
specifies the principles on and the manner in which compensation is to be
determined and given.
- (3) Nothing in this Article shall affect the validity of :-
-
- (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.
- (1) All citizens are equal before law and are entitled to equal
protection of law.
- (2) There shall be no discrimination on the basis of sex alone.
- (3) Nothing in this Article shall prevent the State from making any
special provision for the protection of women and children.
- 26.
- (1) In respect of access to places of public entertainment or resort
not intended for religious purposes only, there shall be no discrimination
against any citizer. on the ground only of race, religion, caste, sex,
residence or place of birth.
- (2) Nothing in clause (1) shall prevent the State from making any
special provision for women and children.
- 27.
- (1) No citizen otherwise qualified for appointment in the service of
Pakistan shall be discriminated against in respect of any such appointment
on the ground only of race, religion, caste, sex, residence or place of
birth.
Provided that, for a period not exceeding /[twenty] years from the commencing day,
posts may be reserved for persons belonging to any class or area to secure
their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified
posts or services may be reserved for members of either sex if such posts
or services entail the performance of duties and functions which cannot be
adequately performed by members of the other sex.
- (2) Nothing in clause (1) shall prevent any Provincial Government, or
any local or other authority in a Province, from prescribing, in relation
to any post or class of service under that Government or authority,
conditions as to residence in the Province. for a period not exceeding
three years, prior to appointment under that Government or authority.
- 28.
- Subject to Article 251 any section of citizens having a distinct
language, script or culture shall have the right to preserve and promote
the same and subject to law, establish institutions for that purpose.
PART II (contd)
Fundamental Rights and Principles of Policy
CHAPTER 2. PRINCIPLES OF POLICY
- 29.
- (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.
- (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.
- (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,
[ushr,] auqaf and mosques.
- 32.
- 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.
- The State shall discourage parochial, racial, tribal, sectarian and
provincial prejudices among the citizens .
- 34.
- Steps shall be taken to ensure full participation of women in all
spheres of national life.
- 35.
- The State shall protect the marriage, the family, the mother and the
child.
- 36.
- The State shall safeguard the legitimate rights and interests of
minorities, including their due representation in the Federal and
Provincial services.
- 37.
- 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 professionai 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 an( 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.
- 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.
- The State shall enable people from all parts of Pakistan to
participate in the Armed Forces of Pakistan.
- 40.
- 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.
- (1) There shall be a President of Pakistan
who shall be the Head of State and shall represent
the unity of the Republic.
- (2) A person shall not be qualified for election as President
unless he is a Muslim of not less than forty-five years of age and is
qualified to be elected as member of the National Assembly.
- (3) The President to be
elected after the expiration of the term specified in clause ( 7)
shall be elected in accordance with the provisions of the Second
Schedule by the members of an electoral college consisting of:
- (a) the members of both Houses; and
- (b) the members of the Provincial Assemblies.
- (4) Election to the office of President shall be
held not earlier than sixty days and not later
than thirty days before the expiration of the term
of the President in office;
Provided that, if the election cannot be held
within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty
days of the general election to the Assembly .
- (5) An election to fill a vacancy in the office
of President shall be held not later than thirty
days from the occurrence of the vacancy:
- Provided that, if the election cannot be held
within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty
days of the general election to the Assembly.
- (6) The validity of the election of the President shall not be
called in question by or before any court or other authority.
- (7) [ Notwithstanding anything
contained in this Article or Article 43, or any other Article of the
Constitution or any other law, General Mohammad Zia-ul-Haq, in
consequence of the result of the referendum held on the nineteenth day
of December 1984, shall become the President of Pakistan on the day of
the first meeting of Majlis-e-Shoora (Parliament) in joint sitting
summoned after the elections to the Houses of Majlis-e-Shoora
(Parliament) and shall hold office for a term of five years from that
day; and Article 44 and other provisions of the Constitution shall
apply accordingly. ]
- 42.
- Before entering upon office, the President
shall make before the Chief Justice of Pakistan
oath in the form set out in the Third Schedule.
- 43.
- (1) The President shall not hold any office of profit in the
service of Pakistan or occupy any other position carrying the right to
remuneration for the rendering of services.
- (2) The President shall not be a candidate for election as a
member of [Majlis-e-Shoora
(Parliament)] or a Provincial Assembly; and, if a member of [Majlis-e-Shoora (Parliament)] or a
Provincial Assembly is elected as President, his seat in [Majlis-e-Shoora (Parliament)] or,
as the case may be, the Provincial Assembly shall become vacant on the
day he enters upon his office.
- 44.
- (1) Subject to the Constitution, the President
shall hold office for a term of five years from the
day he enters upon his office:
- Provided that the President shall, notwithstanding
the expiration of his term, continue to hold office
until his successor enters upon his office.
- (2) Subject to the Constitution, a person holding office as
President shall be eligible for re election to that office, but no
person shall hold that office for more than two consecutive terms.
- (3) The President may, by writing under his hand addressed to the
Speaker of the National Assembly, resign his office.
- 45.
- The President shall have power to grant pardon, reprieve and
respite, and to remit, suspend or commute any sentence passed by any
court, tribunal or other authority.
-
- [46.
- It shall be the duty of the Prime Minister:
- (a) to communicate to the President all decisions of the Cabinet
relating to the administration of the affairs of the Federation and
proposals for legislation;
- (b) to furnish such information relating to the administration of
the affairs of the Federation and proposals for legislation as the
President may call for; and
- (c) if the President so requires, to submit for the consideration
of the Cabinet any matter on which a decision has been taken by the
Prime Minister or a Minister but which has not been considered by the
Cabinet.
- 47.
- (1) Notwithstanding anything contained in the Constitution, the
President may, in accordance with the provisions of this Article, be
removed from office on the ground of physical or mental incapacity or
impeached on a charge of violating the Constitution or gross
misconduct.
- (2) Not less than one-half of the total membership of either House
may give to the Speaker of the National Assembly or, as the case may
be, the Chairman written notice of its intention to move a resolution
for the removal of, or, as the case may be, to impeach, the President;
and such noffce shall set out the particulars of his incapacity or of
the charge against him.]
- (3) If a notice under clause (2) is received by the Chairman, he
shall transmit it forthwith to the Speaker.
- (4) The Speaker shall, within three days of the receipt of a
notice under clause (2) or clause (3), cause a copy of the notice to
be transmitted to the President.
- (5) The Speaker shall summon the two Houses to meet in a joint
sitting not earlier than seven days and not later than fourteen days
after the receipt of the notice by him.
- (6) The joint sitting may investigate or cause to be investigated
the ground or the charge upon which the notice is founded.
- (7) The President shall have the right to appear and be
represented during the investigation, if any, and before the joint
sitting.
- (8) If, after consideration of the result of the investigation, if
any, a resolution is passed at the joint sitting by the votes of not
less than two-thirds of the total membership of [Majlis-e-Shoora (Parliament)]
declaring that the President is unfit to hold the office due to
incapacity or is guilty of violating the Constitution or of gross
misconduct, the President shall cease to hold office immediately on
the passing of the resolution.
-
- [48.
- (1) In the exercise of his functions, the
President shall act in accordance with the advice
of the Cabinet [or the Prime Minister].
- [Provided that the President
may require the Cabinet or as the case may be, the Prime Minister to
reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration.]
- (2) Notwithstanding anything contained in clause (1), the
President shall act in his discretion in respect of any matter in
respect of which he is empowered by the Constitution to do so [and the validity of anything
done by the President in his discretion shall not be called in
question on any ground whatsoever].
-
- (4) The question whether any, and if so what, advice was tendered to
the President by the Cabinet, the Prime Minister, a Minister or
Minister of State shall not be inquired into in, or by, any court,
tribunal or other authority.
- (5) Where the President dissolves the
National Assembly, he shall, in his discretion,:
- (a) appoint a date, not later than [ninety] days from the date
of the dissolution, for the holding of a general election to the
Assembly; and
- (b) appoint a care-taker Cabinet.
- (6) If, at any time, the President, in his discre tion, or on the
advice of the Prime Minister, considers that it is desirable that any
matter of national importance should be referred to a referendum, the
President may cause the matter to be referred to a referendum in the
form of a question that is capable of being answered either by "Yes"
or "No".
- (7) An act of Majlis-e-Shoora (Parliament) may lay down the
procedure for the holding of a referendum and the compiling and
consolidation of the result of a referendum.]
- 49.
- (1) If the office of President becomes vacant by reason of death,
resignation or removal of the President the Chairman or, if he is
unable to perform the functions of the office of President, the
Speaker of the National Assembly shall act as President until a
President is elected in accordance with clause (3) of Article 41.
- (2) When the President, by reason of absence from Pakistan or any
other cause, is unable to perform his functions, the Chairman or, if
he too is absent or unable to perform the functions of the office of
President, the Speaker of the National Assembly shall perform the
functions of President until the President returns to Pakistan or, as
the case may be, resumes his functions.
PART III(contd)
The Federation of Pakistan
Chapter 2. THE MAJLIS-E-SHOORA(Parliament)
Composition, Duration and Meetings of [Majlis-e-Shoora
(Parliament)]
- 50.
- [There shall be a
Majlis-e-Shoora (Parliament) of Pakistan consisting of the President
and two Houses to be known respectively as the National Assembly and
the Senate.]
- 51.
- (1) The National Assembly shall consist of two hundred and seven
Muslim members to be elected by direct and free vote in accordance
with law.
- (2) A person shall be entitled to vote if:
- (a) he is a citizen of Pakistan;
- (b) he is not less than twenty-one years of age;
- (c) his name appears on the electoral roll; and
- (d) he is not declared by a competent court to be of unsound mind.
- (2A) In addition to the number of seats referred to in clause ( 1),
there shall be in the National Assembly ten additional seats reserved
as follows for the person referred to in clause (3) of Article 106:
- Christians
- Hindus and persons belonging to the Scheduled castes
- Sikh, Budhist and Parsi communities and other non-Muslims
- Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis)
- (3) The seats in the National Assembly shall be allocated to each
Province, the Federally Administered Tribal Areas and the Federal
Capital on the basis of population in accordance with the last
preceding census officially published.
- (4) Until the expiration of a period of ten years from the
commencing day or the holding of the [third] general election to the
National Assembly, whichever occurs later, [twenty seats] in
addition to the number of seats referred to in clause (1) shall be
reserved for women and allocated to the Provinces in accordance with
the Constitution and law .
- [(4A) The members to fill
the seats referred to in clause ( 2A ) shall be elected,
simultaneously with the members to fill the seats referred to in
clause (1), on the basis of separate electorates by direct and free
vote in accordance with law.
- (5) As soon as practicable after the general
election to the National Assembly, the members to
fill seats reserved for women which are allocated
to a Province under clause (4) shall be elected in
accordance with law on the basis of the system of
proportional representation by means of a single
transferable vote by the electoral college consisting
of the persons elected to the Assembly from that
Province. ]
- (6) Notwithstanding anything contained in this
Article, the President may, by 0rder, make such
provision as to the manner of filling the seats in
the National Assembly allocated to the Federally
Administered Tribal Areas as he may think fit.
- 52.
- The National Assembly shall, unless sooner dissolved, continue
for a term of five years from the day of its first meeting and shall
stand dissolved at the expiration of its term.
- 53.
- (1) After a general election, the National Assembly shall, at its
first meeting and to the exclusion of any other business, elect from
amongst its members a Speaker and a Deputy Speaker and, so often as
the office of Speaker or Deputy Speaker becomes vacant, the Assembly
shall elect another member as Speaker or, as the case may be, Deputy
Speaker.
- (2) Before entering upon office, a member elected as Speaker or
Deputy Speaker shall make before the National Assembly oath in the
form set out in the Third Schedule.
- (3) When the office of Speaker is vacant, or the Speaker is absent or
is unable to perform his functions due to any cause, the Deputy
Speaker shall act as Speaker, and if, at that time, the Deputy Speaker
is also absent or is unable to act as Speaker due to any cause, such
member as may be determined by the rules of procedure of the Assembly
shall preside at the meeting of the Assembly.
- (4) The Speaker or the Deputy Speaker shall not preside at a
meeting of the Assembly when a resolution for his removal from office
is being considered.
- (5) The Speaker may, by writing under his hand addressed to the
President, resign his office.
- (6) The Deputy Speaker may, by writing under his hand addressed to
the Speaker, resign his office.
(7) The office of Speaker or Deputy Speaker shall become vacant if:
- (a) he resigns his office;
- (b) he ceases to be a member of the Assembly;
- (c) he is removed from office by a resolution of the Assembly, of
which not less than seven days' notice has been given and Which is
passed by the votes of the majority of the total membership of the
Assembly.
- (8) When the National Assembly is dissolved the Speaker shall continue
in his office till the person elected to fill the office by the next
Assembly enters upon his office.
- 54.
- (1) The President may, from time to time, summon either House or
both Houses of [Majlis-e-Shoora (Parliament)] in joint sitting to
meet at such time and place as he thinks fit and may also prorogue the
same.
(2) There shall be at least [three] sessions of the
National Assembly every year, and not more than one hundred and twenty
days shall intervene between the last sitting of the Assembly in one
session and the date appointed for its first sitting in the next
session:
- Provided that the National Assembly shall meet
for not less than one hundred and sixty working
days in each year.
- [Explanation: In this
clause, "working days" includes any day on which there is a joint
sitting and any period, not exceeding two days for which the National
Assembly is adjourned.]
- (3) On a requisition signed by not less than one-fourth of the total
membership of the National Assembly, the Speaker shall summon the
National Assembly to meet, at such time and place as he thinks fit,
within fourteen days of the receipt of the requisition; and when the
Speaker has summoned the Assembly only he may prorogue it.
- 55.
- (1) Subject to the Constitution, all decisions Voting in of the
National Assembly shall be taken by majority Assembly a of the members
present and voting, but the person quorum. presiding shall not vote
except in the case of equality of votes.
- (2) If at any time during a sitting of the National Assembly the
attention of the person presiding is drawn to the fact that less than
one-fourth of the total membership of the Assembly is present, he
shall either adjourn the Assembly or suspend the meeting until at
least one-fourth of such membership is present.
-
- [56.
- (1)] The President may address either House or both Houses
assembled together and may for that purpose require the attendance of
the members.
[(2) The President may send
messages to either House, whether with respect to a Bill then pending
in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which
any message is so sent shall with all convenient dispatch consider any
matter required by the message to be taken into consideration.
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.
- The Prime Minister, a Federal Minister, a Minister of State and
the Attorney General shall have the right to speak and otherwise take
part in the proceedings of either House, or a joint sitting or any
committee thereof, of which he may be named a member, but shall not by
virtue of this Article be entitled to vote.
-
- [58.
- (1)] The President shall dissolve the National Assembly if so
advised by the Prime Minister; and the National Assembly shall, unless
sooner dissolved, stand dissolved at the expiration of forty-eight
hours after the Prime Minister has so advised.
-
Explanation:- Reference in this Article to "Prime
Minister" shall not be construed to include reference to a Prime
Minister against whom a [
notice of a resolution for a vote of no-confidence has been given ] in
the National Assembly but has not been voted upon or against whom such
a resolution has been passed or who is continuing in office after his
resignation or after the dissolution of the National Assembly. * * *
- [Clause (2) omitted by
Thirteenth Amendment Act, 1997]
- 59.
- (1) The Senate shall consist of [eighty-seven] members, of
whom,:
- (a) fourteen shall be elected by the members of each Provincial
Assembly;
- (b) [eight] shall be
elected by the members from the Federally Administered Tribal Areas in
the National Assembly; * * *
- (c) [three] shall be [elected] from the Federal
Capital in such manner as the President may, by Order, prescribe [; and]
- [(d) five shall be
elected by the members of each Provincial Assembly to represent ulema,
technocrats and other professionals.]
- (2) Election to fill seats in the Senate allocated to each
Province shall be held in accordance with the system of proportional
representation by means of the single transferable vote.
[(3) The Senate shall not be
subject to dissolution but the term of its members, who shall retire
as follows, shall be six years:-
- [ (a) of the members
referred to in paragraph (a) of clause (1), seven shall retire after
the expiration of the first three years and
seven shall retire after the expiration of
the next three years.
- (b) of the members referred to in paragraph (b) of the aforesaid
clause, four shall retire after the expiration of the first three
years and four shall retire after the expiration of the next three
years;
- (c) of the members referred to in paragraph (c) of the aforesaid
clause, one shall retire after the expiration of the first three years
and two shall retire after the expiration of the next three years; and
- (d) of the members referred to in paragraph (d) of the aforesaid
clause, two shall retire after the expiration of the first three years
and three shall retire after the expiration of the next three years; ]
Provided that the term of office of a person elected [***] to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has
filled.]
- 60.
- (1) After the Senate has been duly constituted, it shall, at its
first meeting and to the exclusion of any other business, elect from
amongst its members a Chairman and a Deputy Chairman and, so often as
the office of Chairman or Deputy Chairman becomes vacant, the Senate
shall elect another member as Chairman or, as the case may be, Deputy
Chairman.
(2) The term of office of the Chairman or Deputy Chairman shall be [three] years from the day on
which he enters upon his office.
- 61.
- The provisions of clauses (2) to (7) of Article 53, clauses (2) and
(3) of Article 54 and Article 55 shall apply to the Senate as they
apply to the National Assembly and, in their application to the
Senate, shall have effect as if references therein to the National
Assembly, Speaker and Deputy Speaker were references, respectively, to
the Senate, Chairman and Deputy Chairman [and as if, in the proviso to
the said clause (2) of Article 54, for the words "[one hundred and sixty]" the
word "ninety" were substituted]P>
Provisions as to Mes of [Majlis-e-Shoora
(Parliament)]
-
- [62.
- A person shall not be qualified to be elected or chosen as a member
of Majlis-e-Shoora (Parliament) unless :-
- (a) he is a citizen of Pakistan;
- (b) he is, in the case of National Assembly, not less than
twenty-five years of age and is enrolled as a voter in any electoral
roll for election to a Muslim seat or a non-Muslim
seat as the case may be in that Assembly;
- (c) he is, in the case of Senate, not less than thirty years of
age an d is enrolled as a voter in any area in a Province or, as the
case may be, the Federal Capital or the Federally Administered Tribal
Areas, from where he seeks membership;
- (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).]
-
- [63.
- (1) A person shall be disqualified from being elected or chosen
as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-
- (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
- (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
- (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
- (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.
- (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.]
- 64.
- (1) A Member of 66[Majlis-e-Shoora (Parliament)] may, by writing
under his hand addressed to the Speaker or, as the case may be, the
Chairman resign his seat, and thereupon his seat shall become
vacant.
- (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.
- 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.
- (1) Subject to the Constitution and to the rules of procedure of [Majlis-e-Shoora
(Parliament)], there shall be freedom of speech in [Majlis-e-Shoora (Parliament) ]
and no member shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in [Majlis-e-Shoora (Parliament)],
and no person shall be so liable in respect of the publication by or
under the authority of [Majlis-e-Shoora (Parliament)]
of any report, paper, votes or proceedings.
- (2) In other respects, the powers, immunities and privileges of
[Majlis-e-Shoora, (Parliament)], and the immunities and privileges of
the members of
[Majlis-e-Shoora (Parliament) ], shall be such as may from time to
time be defined by law and, until so defined, shall be such as were,
immediately before the commencing day, enjoyed by the National
Assembly of Pakistan and the committees thereof and its members.
- (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,
[Majlis-e-Shoora (Parliament)] as they apply to members.
(5) In this Article,
[Majlis-e-Shoora (Parliament)] means either House or a joint
sitting, or a committee thereof.
Procedure Generally
- 67.
- (1) Subject to the Constitution, a House may make rules for regulating its
procedure and the conduct of its business, and shall have power to act
notwithstanding any vacancy in the membership thereof, and any
proceedings in the House shall not be invalid on the ground that some
persons who were not entitled to do so sat, voted or otherwise took
part in the proceedings.
- (2) Until rules are made under clause (1), the procedure and
conduct of business in a House shall be regulated by the rules of
procedure made by the President.
- 68.
- No discussion shall take place in [Majlis-e-Shoora (Parliament)]
with respect to the conduct of any Judge of the Supreme Court or of a
High Court in the discharge of his duties.
- 69.
- (1) The validity of any proceedings in [Majlis-e-Shoora (Parliament)]
shall not be called in question on the ground of any irregularity of
procedure.
(2) No officer or member of
[Majlis-e-Shoora (Parliament)] in whom powers are vested by or under
the Constitution for regulating procedure or the conduct of business,
or for maintaining order in
[Majlis-e-Shoora (Parliament)], shall be subject to the jurisdiction
of any court in respect of the exercise by him of those powers.
(3) In this Article,
[Majlis-e-Shoora (Parliament)] has the same meaning as in Article
66.
Legislative Procedure
-
- [70.
- (1) A Bill with respect to any matter in the Federal Legislative
List or in the Concurrent Legislative List may originate in either
House and shall, if it is passed by the House in which it originated,
be transmitted to the other House; and, if the Bill is passed without
amendment, by the other House also, it shall he presented to the
President for assent.
- (2) if a Bill transmitted to a House under clause (1) is rejected or
is not passed within ninety days of its receipt or is passed with
amendment, the Bill, at the request of the House in which it
originated, shall be considered in a joint sitting.
- (3) If a request is made under clause (2), the President shall
summon a joint sitting; and, if the Bill is passed in the joint
sitting, with or without amendment, by the votes of the majority of
the total membership of the two Houses, it shall be presented to the
President for assent.
- (4) In this Article and the succeeding provisions of the
Constitution, "Federal Legislative List" and "Concurrent Legislative
List" mean respectively the Federal Legislative List and the
Concurrent Legislative List in the Fourth Schedule.]
-
- [71.]
- 72.
- (1) The President, after consultation with the Speaker of the
National Assembly and the Chairman, may make rules as to the procedure
with respect to the joint sittings of, and communications between, the
two Houses.
- (2) At a joint sitting, the Speaker of the National Assembly or,
in his absence, such person as may be determined by the rules made
under clause (1), shall preside.
- (3) The rules made under clause (1) shall be laid before a joint
sitting and may be added to, varied, amended or replaced at a joint
sitting.
- (4) Subject to the Constitution, all decisions at a joint sitting
shall be taken by the votes of the majority of the members present and
voting.
- 73.
- (1) Notwithstanding anything contained in Article 70 [* * *], a Money Bill shall
originate in the National Assembly and after it has been passed by the
Assembly it shall, without being transmitted to the Senate, be
presented to the President for assent.
- (2) For the purpose of this Chapter, a Bill or amendment shall be
deemed to be a Money Bill if it contains provisions dealing with all
or any of the following matters, namely:-
- (a) the imposition, abolition, remission, alteration or regulation
of any tax;
- (b) the borrowing of money, or the giving of any guarantee, by the
Federal government, or the amendment of the law relating to
the financial obligations of that Government;
- (c) the custody of the Federal Consolidated Fund, the payment of
moneys into, or the issue of moneys from, that Fund;
- (d) the imposition of a charge upon the Federal Consolidated Fund,
or the abolition or alteration of any such charge;
- (e) the receipt of moneys on account of the Public Account of the
Federation, the custody or issue of such moneys;
- (f) the audit of the accounts of the Federal Government or a
Provincial Government; and
- (g) any matter incidental to any of the matters specified in the
preceding paragraphs.
- (3) A Bill shall not be deemed to be a Money Bill by reason only
that it provides:-
- (a) for the imposition or alteration of any fine or other
pecuniary penalty, or for the demand or payment of a licence fee or a
fee or charge for any service rendered; or
- (b) for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local
purposes.
- (4) If any question arises whether a Bill is a Money Bill or not,
the decision of the Speaker of the National Assembly thereon shall be
final.
- (5) Every Money Bill presented to the President for assent shall
bear a certificate under the hand of the Speaker of the National
Assembly that it is a Money Bill, and such certificate shall be
conclusive for all purposes and shall not be called in question.
- 74.
- A Money Bill or a Bill or amendment which if enacted and brought
into operation would involve expenditure from the Federal Consolidated
Fund or withdrawal from the Public Account of the Federation or affect
the coinage or currency of Pakistan or the constitution or functions
of the State Bank of Pakistan shall not be introduced or moved in [Majlis-e-Shoora (Parliament)]
except by or with the consent of the Federal Government.
-
- 75.
(1) When a Bill is presented to the President for assent, the
President shall, within
[thirty] days,-
- (a) assent to the Bill; or
- (b) in the case of a Bill other than a Money Bill, return the
Bill to the Majlis-e-Shoora (Parliament) with a message requesting
that the Bill, or any specified provision thereof, be reconsidered and
that any amendment specified in the message be considered.
- [(2) When the President
has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be
reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting
and, if it is again passed, with or without amendment, by the
Majlis-e-Shoora (Parliament), by the votes of the majority of the
members of both Houses present and voting it shall be deemed for the
purposes of the Constitution to have been passed by both Houses and
shall be presented to the President and the President shall not
withhold assent therefrom].
- (3) When the President has assented to a Bill, it shall become law and
be called an Act of Majlis-e-Shoora (Parliament).
- (4) No act of Majlis-e-Shoora (Parliament), and no provision in
any such Act, shall be invalid by reason only that some
recommendation, previous sanction or consent required by the
Constitution was not given if that Act was assented to in accordance
with the Constitution.]
- 76.
- (1) A Bill pending in either House shall not lapse by reason
of the prorogation of the House.
- (2) A Bill pending in the Senate which has not been passed by the
National Assembly shall not lapse on the dissolution of the National
Assembly.
- (3) A Bill pending in the National Assembly, or a Bill which
having been passed by the National Assembly is pending in the Senate,
shall lapse on the dissolution of the National Assembly.
- 77.
- No tax shall be levied for the purposes of the Federation except
by or under the authority of Act of [Majlis-e-Shoora
(Parliament)].
Financial Procedures
- 78.
- (1) All revenues received by the Federal Government, all
loans raised by that Government and all moneys received by it in
repayment of any loan, shall form part of a consolidated fund, to be
known as the Federal Consolidated Fund.
- (2) All other moneys-
- (a) received by or on behalf of the Federal
Government; or
- (b) received by or deposited with the Supreme
Court or any other court established under
the authority of the Federation;
shall be credited to the Public Account of the Federation.
- 79.
- The custody of the Federal Consolidated Fund, the payment Or
moneys into that Fund, the withdrawal of moneys therefrom, the custody
of other moneys received by or on behalf of the Federal Government,
their payment into, and withdrawal from, the Public Account of the
Federation, and all matters connected with or ancillary to the matters
aforesaid shall be regulated by Act of [Majlis-e-Shoora (Parliament)]
or, until provision in that behalf is so made, by rules made by the
President.
- 80.
- (1) The Federal Government shall, in respect
of every financial year, cause to be laid before
the National Assembly a statement of the estimated
receipts and expenditure of the Federal Government
for that year, in this Part referred to as the
Annual Budget Statement.
- (2) The Annual Budget Statement shall show
separately-
- (a) the sums required to meet expenditure
described by the Constitution as expenditure
charged upon the Federal Consolidated Fund;
and
- (b) the sums required to meet other expenditure
proposed to be made from the Federal Consolidated Fund;
and shall distinguish expenditure on revenue
account from other expenditure.
- 81.
- The following expenditure shall be expenditure
charged upon the Federal Consolidated Fund:-
- (a) the remuneration payable to the President and other
expenditure relating to his office, and the remuneration payable to-
- (i) the Judges of the Supreme Court;
- (ii) the Chief Election Commissioner;
- (iii) the Chairman and the Deputy Chairman;
- (iv) the Speaker and the Deputy Speaker of the National Assembly;
- (v) the Auditor-General;
- (b) the administrative expenses, including the remuneration
payable to officers and servants of the Supreme Court, the
department of the Auditor-General and the Office of the Chief Election
Commissioner and of the Election Commission and the Secretariats of
the Senate and the National Assembly;
- (c) all debt charges for which the Federal Government is liable,
including interest, sinking fund charges, the repayment or
amortisation of capital, and other expenditure in connection with the
raising of loans, and the service and redemption of debt on the
security of the Federal Consolidated Fund;
- (d) any sums required to satisfy any judgment, decree or award against
Pakistan by any court or tribunal; and
- (e) any other sums declared by the Constitution or by Act of [Majlis-e-Shoora (Parliament)]
to be so charged.
- 82.
- (1) So much of the Annual Budget Statement as relates to
expenditure charged upon the Federal Consolidated Fund may be
discussed in, but shall not be submitted to the vote of, the National
Assembly.
- (2) So much of the Annual Budget Statement as relates to other
expenditure shall be submitted to the National Assembly in the form of
demands for grants, and the Assembly shall have power to assent to, or
to refuse to assent to, any demand, or to assent to any demand subject
to a reduction of the amount specified therein;
- Provided that, for a period of ten years from the commencing day
or the holding of the second general election to the National
Assembly, whichever occurs later, a demand shall be deemed to have
been assented to without any reduction of the amount specified
therein, unless, by the votes of a majority of the total membership of
the Assembly, it is refused or assented to subject to a reduction of
the amount specified therein.
- (3) No demand for a grant shall be made except on the
recommendation of the Federal Government.
- 83.
- (1) The Prime Minister shall authenticate by his signature a
schedule specifying-
- (a) the grants made or deemed to have been made by the National
Assembly under Article 82, and
- (b) the several sums required to meet the expenditure charged
upon the Federal Consolidated Fund but not exceeding, in the case of
any sum, the sum shown in the statement previously laid before the
National Assembly.
- (2) The schedule so authenticated shall be laid before the
National Assembly, but shall not be open to discussion or vote
thereon.
- (3) Subject to the Constitution, no expenditure from the Federal
Consolidated Fund shall be deemed to be duly authorised unless it is
specified in the schedule so authenticated and such schedule is laid
before the National Assembly as required by clause (2).
- 84.
- If in respect of any financial year it is found-
- (a) that the amount authorized to be expended for a particular
service for the current financial year is insufficient, or that a need
has arisen for expenditure upon some new service not included in the
Annual Budget Statement for that year; or
- (b) that any money has been spent on any service during a
financial year in excess of the amount granted for that service for
that year;
the Federal Government shall have power to authorize expenditure from
the Federal Consolidated Fund, whether the expenditure is charged by
the Constitution upon that Fund or not, and shall cause to be laid
before the National Assembly a Supplementary Budget Statement or, as
the case may be, an Excess Budget Statement, setting out the amount of
that expenditure, and the provisions of Articles 80 to 83 shall apply
to those statements as they apply to the Annual Budget Statement.
- 85.
- Notwithstanding anything contained in the foregoing provisions
relating to financial matters, the National Assembly shall have power
to make any grant in advance in respect of the estimated expenditure
for a part of any financial year, not exceeding four months, pending
completion of the procedure prescribed in Article 82 for the voting of
such grant and the authentication of the schedule of authorized
expenditure in accordance with the provisions of Article 83 in
relation to the expenditure.
- 86.
- Notwithstanding anything contained in the foregoing provisions
relating to financial matters, at any time when the National Assembly
stands dissolved, the Federal Government may authorize expenditure
from the Federal Consolidated Fund in respect of the estimated
expenditure for a period not exceeding four months in any financial
year, pending completion of the procedure prescribed in Article 82 for
the voting of grants and the authentication of the schedule of
authorized expenditure in accordance with the provisions of Article 83
in relation to the expenditure.
- 87.
- (1) Each House shall have a separate Secretariat
- Provided that nothing in this clause shall be
construed as preventing the creation of posts
common to both Houses.
- (2) [Majlis-e-Shoora
(Parliament)] may by law regulate the recruitment and the conditions
of service of persons appointed to the Secretarial staff of either
House.
- (3) Until provision is made by [Majlis-e-Shoora (Parliament)]
under clause (2), the Speaker or, as the case may be, the Chairman
may, with the approval of the President, make rules regulating the
recruitment and the conditions of service, of persons appointed to the
secretarial staff of the National Assembly or the Senate.
- 88.
- (1) The expenditure of the National Assembly and the Senate
within authorised appropriations shall be controlled by the National
Assembly or, as the case may be, the Senate acting on the advice of
its Finance Committee.
- (2) The Finance Committee shall consist of the Speaker or, as the
case may be, the Chairman, the Minister of Finance and such other
members as may be elected thereto by the National Assembly or, as the
case may be, the Senate.
(3) The Finance Committee may make rules for regulating its
procedure.
Ordinances
- 89.
- (1) The President may, except when the National Assembly is in
session, if satisfied that circumstances exist which render it
necessary to take immediate action, make and promulgate an Ordinance-
as the circumstances may require.
- (2) An Ordinance promulgated under this Article shall have the
same force and effect as an Act of [Majlis-e-Shoora (Parliament)]
and shall be subject to like restrictions as the power of [Mailis-e-Shoora (Parliament)]
to make law, but every such Ordinance-
- (a) shall be laid-
- (i) before the National Assembly if it [contains provisions dealing
with all or any of the matters specified in clause (2) of Article 73],
and shall stand repealed at the expiration of four months from its
promulgation or, if before the expiration of that period -a resolution
disapproving it is passed by the Assembly, upon the passing of that
resolution;
- (ii) before both Houses if it
[does not contain provisions dealing with any of the matters
referred to in sub-paragraph (i)], and shall stand repealed at the
expiration of four months from its promulgation or, if before the
expiration of that period a resolution disapproving it is passed by
either House, upon the passing of that resolution; and
- (b) may be withdrawn at any time by the President.
- (3) Without prejudice to the provisions of clause (2) an
Ordinance laid before the National Assembly, shall be deemed to be a
Bill introduced in the National Assembly.
PART III(contd)
The Federation of Pakistan
Chapter 3. THE FEDERAL GOVERNMENT
-
- [90.
- (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.
- [(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]
-
- [91.
- (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.
- [(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) [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.]
-
- [92.
- (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.]
-
- [93.
- (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.]
-
- [94.
- The President may ask the Prime Minister to continue to hold
office until his successor enters upon the office of Prime Minister.]
-
- [95.
- (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.]]
-
- 96.
-
- 96A.
- 97.
- Subject to the Constitution, the executive authority of the
Federation shall extend to the matters with respect to which [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 [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.
- On the recommendation of the Federal Government, [Majlis-e-Shoora (Parliament)]
may by law confer functions upon officers or authorities subordinate
to the Federal Government.
-
- [99.
- (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.
- (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.
- (1) There shall be a Governor for each Province, who shall be
appointed by the President [in his discretion] [on the advice of the Prime
Minister.]
- (2) A person shall not be appointed a Governor unless he is qualified
to be elected as member of the National Assemble and is not less that
thiry-five years of age [:]
- * * *
- * * *
- (3) The Governor shall hold office during the pleasure of the
President [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.
- [(5) The President may
make such provision as he things fit ofr the discharge of the functions of
a Governor] [in any
contingency not provided for in this Part].
- 102.
- Before entering upon office, the Govbernor shall make before the
Chief Justice of the High Court oath in the form set out in the Third
Schedule.
- 103.
- (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
[Majlis-e-Shoora
(Parliament)] or a Provincial Assembly and, if a member of is appointed as Governor, his
seat in or, as the case may
be, the Provincial Assembly shall become vacant on the day he enters upon
his office.
- 104.
- 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.
- (1) Subject to the Costitution, in the performance of his functions,
the Governor shall act in accordance with the advice of the Cabinet, [or the Chief Minister].
- 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.
-
- (2) The question whether any, and if so what, advice was tendered to
the Governor by the Chief Minister
- [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 [(2)] of Article 48 shall have
effect in relation to a Governor as if reference therein to "President"
were reference to "Governor".]
Part IV
Provinces
Chapter 1. THE GOVERNORS
- 106.
- (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
- (2) A person shall be entitled to vote if-
- (a) he is a citizen of Pakistan;
- (b) he is not less than
[twenty-one] years of age;
- (c) his name appears on the electoral roll for any area in the
Province; and
- (d) he is not declared by a competent court to be of unsound mind [.]
- * * *
- [(3) In addition to the
seats in the Provincial Assemblies for the Provinces of Baluchiisan, 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.]
- (4) Until the expiration of a period of ten years from the commencing
day or the holding of the
[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).
- [(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.]
- [(6) As soon as
practicable after teh 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.]
- 107.
- 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.
- 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 memeber as Speaker or, as the case may be, Deputy
Speaker.
- 109.
- 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.
- The Governor may address the Provincial Assembly and may for that
purpose require the attendance of the members.
- 111.
- 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 noy by
virtue of this Article be entititled to vote.
- 112.
- [(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 expriation of forty-eight hours after the Chief
Minister has so advised.
Explanation.- Reference in this Article to "Chief
Minister" shhall not be construed to include reference to a Chief
Minister against whom
[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 Artcle 134 or a
Provincial Minister performing the functions of the Chief Minister
under clause (1) or clause (3) of Article 135.
- (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 Assemble 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
- [Sub-clause (b) omitted by Thirteenth Amendment Act, 1997]
-
- [113.
- 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.
- 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.
PART IV (contd)
Provinces
CHAPTER 3 THE PROVINCIAL GOVERNMENTS
- 129.
- The executive authority of the Province shall vest in the
Governor and shall be excercised by him, either directly or though
officers subordinate to him, in accordance with the Constitution.
- 130.
- (1) There shall be a Cabinet of Ministers, with the Chief Minister
at its head, to aid and advise the Governor in the excercise of his
functions.
- (2)The Governor shall appoint from maongst the members of the
Provincial Assembly a Chief Minister whi, in his opinion, is likely to
command the confidence of the majority of the memebers of the
provincial Assembly.
- (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 memeber ofthe 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 holdingoffice 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) for 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 .
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 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 ~ Minister, and shall not before the
dissolution of that Assembly be again appointed a Minister unless h e
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.]
- [131.
- 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.]
-
- [132.
- (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.
- The Governor may ask the Chief Minister to continue to hold
office until his successor enters upon the office of Chief Minister.]
-
- 134.
- [Resignation by Chief Minister.] Omitted
by P.O.No.14 of 1985, Art . 2 and Sch. item 29
(with effect from March 2, 1985).
-
- 135.
- [Provincial Minister performing functions of Chief Minister.] Omitted, ibid.
-
- [136.
- (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.
- 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 [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 [Majlis-e-Shoora (Parliament)]
upon the Federal Government or authorities thereof.
- 138.
- On the recommendation of the Provincial Government, the
Provincial Assembly may by law confer functions upon officers or
authorities subor- dinate to the Provincial Government.
- [139.
- (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.
- (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.
Part V
Relations Between Federation and Provinces
Chapter 1. DISTRIBUTION OF LEGISLATIVE POWERS
- 141.
- Subject to the Constitution, [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 to the Constitution-
- (a) [Majlis-e-Shoora
(Parliament)] shall have exclusive power to make laws with respect
to any matter in the Federal Legislative List;
- (b) [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 [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) [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.
Chapter 2. ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND
PROVINCES.
- 145.
- (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.
- (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 [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.
- 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.
- (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.
- (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 direc tions 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 authori ses 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 shall be given throughout Pakistan to public
acts and records, and judicial proceedings of every Province.
- 151.
- (1) Subject to clause (2), trade, commerce and intercourse
throughout Pakistan shall be free.
- (2) [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.
- 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 [Majlis-e-Shoora
(Parliament)] has power to make laws, require the Province to acquire
the land on behalf, and at the expense, of the Federa- tion 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
Relations Between Federation and Provinces
Chapter 3. SPECIAL PROVlSIONS
-
- [152A.
- National Security Council] [Omitted by the Constitution (Eighth
Amendment) Act, 1985, section 18 (with effect from November 9, 1985).]
- 153.
- (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 Presi dent may nominate a Federal Minister who is a member of the
Council to be its Chairman.
- (4) The Council shall be responsible to [Majlis-e-Shoora (Parliament)].
- 154.
- (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 Legisla tive 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 [Majlis-e-Shoora
(Parliament)] makes provision by law in this behalf, the Council may
make its rules of procedure.
(4) [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 [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 [Majlis-e-Shoora
(Parliament)] in a joint sitting whose decision in this behalf shall
be final.
- 155.
- (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 Govern-
ment 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 [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.
- (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.
- (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.
- 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.
- (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 Pro-
vince:
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 main-
tained by the Federal Government or by persons
authorised by the Federal Government, or over
the use of receiving apparatus by person so autho-
rised.
- (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.
- (1) Within six months of the commencing day and thereafter at
intervals not exceeding five years, the President shall constitute a National Finance
Commission consisting of the Minister of Finance of the Federal
Government, the Ministers of Finance of the Provincial Governments,
and such other persons as may be appointed by the President after
consultation with the Governors of the Provinces.
(2) It shall be the duty of the National Finance Commission to make
recommendations to the President as to-
- (a) the distribution between the.Federation and
the Provinces of the net proceeds of the
taxes mentioned in clause (3);
- (b) the making of grants-in-aid by the Federal
Government to the Provincial Governments;
- (c) the exercise by the Federal Government and
the Provincial Governments of the borrowing
powers conferred by the Constitution; and
- (d) any other matter relating to finance referred
to the Commission by the President.
- (3) The taxes refer red to in paragraph (a) of clause (2) are the
following taxes raised under the authority of [Majlis-e-Shoora
(Parliament)], namely: -
- (i) taxes on income, including corporation tax, but not including
taxes on income consisting of remuneration paid out of the Federal
Consolidated Fund;
- [(ii) taxes on the sales and purchases of goods
imported, exported, produced, manufactured
or consumed;
- (iii) export duties on cotton, and such other
export duties as may be specified by the
President;
- (iii) export duties on cotton, and such other
export duties as may be specified by the
President;
- (iv) such duties of exercise as may be specified
by the President; and
- (v) such other taxes as may be specified by
the President.
- (4) As soon as may be after receiving the recommendation, of the
National Finance Commission, the President shall, by 0rder, specify, in accordance with
the recommendations of the Commission under paragraph (a) of clause
(2), the share of the net proceeds of the taxes mentioned in clause
(3) which is to be allocated to each Province, and that share shall be
paid to the Government of the Province concerned, and, notwithstanding
the provision of Article 78 shall not form part of the Federal
Consolidated Fund.
- (5) The recommendations of the National Finance
Commission, together with an explanatory memorandum as to the action taken thereon, shall be laid
before both Houses and the Provincial Assemblies.
- (6) At any time before an Order under clause
(4) is made, the President may, by Order, make
such amendments or modifications in the law relating
to the distribution of revenues between the Federal
Government and the Provincial Governments as he
may deem necessary or expedient.
(7) The President may, by Order, make grants-in-aid of the revenues of the Provinces in need of
assistance and such grants shall be charged upon
the Federal Consolidated Fund.
- 161.
-
161. (1) Notwithstanding the provisions of Article 78 the net proceeds
of the Federal duty of excise on natural gas levied at well-head and
collected by the Federal Government, and of the royalty collected by
the Federal Government, shall not form part of the Federal
Consolidated Fund and shall be paid to the Province in which the
well-head of natural gas is situated.
(2) The net profits earned by the Federal Government, or any
undertaking established or administered by the Federal Government from
the bulk generation of power at a hydro-electric station shall be paid
to the Province in which the hydro-electric station is situated.
Explanation -For the purposes of this clause "net profits" shall be
computed by deducting from the revenues accruing from the bulk supply
of power from the bus-bars of a hydro-electric station at a rate to be
determined by the Council of Common Interests, the operating expenses
of the station, which shall include any sums payable as taxes, duties,
interest or return on investment, and depreciations and element of
obsolescence, and over-heads, and provision for reserves.
- 162.
- No Bill or amendment which imposes or varies a tax or duty the
whole or part of the net proceeds whereof is assigned to any Province,
or which varies the meaning of the expression "agricultural income" as
defined for the purpose of the enactments relating to income-tax, or
which affects the principles on which under any of the foregoing
provisions of this Chapter moneys are or may be distributable to
Provinces, shall be introduced or moved in the National Assembly
except with the previous sanction of the President.
- 163.
- A Provincial Assembly may by Act impose taxes, not exceeding such
limits as may from time to time be fixed by Act of [Majlis-e-Shoora (Parliament)],
on persons engaged in professions, trades, callings or employments,
and no such Act of the Assembly shall be regarded as imposing a tax on
income.
Miscellaneous Financial Provisions
- 164.
- The Federation or a Province may make grants for any purpose,
notwithstanding that the purpose is not one with respect to which [Majlis-e-Shoora (Parliament)]
or, as the case may be, a Provincial Assembly may make laws.
- 165.
- (1) The Federal Government shall not, in respect of its property
or income, be liable to taxation under any Act of Provincial Assembly
and, subject to clause (2), a Provincial Government shall not, in
respect of its property or income, be liable to taxation under Act of
[Majlis-e-Shoora (Parliament)]
or under Act of the Provincial Assembly of any other Province.
(2) If a trade or business of any kind is carried on by or on behalf
of the Government of a Province outside that Province, that Government
may, in respect of any property used in connection with that trade or
business or any income arising from that trade or business, be taxed
under Act of
[Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly
of the Province in which that trade or business is carried on.
(3) Nothing in this Article shall prevent the imposition of fees for
services rendered.
-
- [165A.
- (1) For the removal of doubt, it is hereby declared that [Majlis-e-Shoora (Parliament)]
has, and shall be deemed always to have had, the power to make a law
to provide for the levy and recovery of a tax on the income of a
corporation, company or other body or institution established by or
under a Federal law or a Provincial law or an existing law or a
corporation, company or other body or institution owned or controlled,
either directly or indirectly, by the Federal Government or a
Provincial Government, regardless of the ultimate destination of such
income.
- (2) All orders made, proceedings taken and acts done by any
authority or person, which were made, taken or done, or purported to
have been made, taken or done, before the commencement of the
Constitution (Amendment) Order 1985, in exercise of the powers derived
from any law referred to in clause (1), or in execution of any orders
made by any authority in the exercise or purported exercise of powers
as aforesaid, shall, notwithstanding any judgment of any court or
tribunal,including the Supreme Court and a High Court, be deemed to
be and always to have been validly made, taken or done and-shall not
be called in question in any court, including the Supreme Court and a
High Court, on any ground whatsoever.
- (3) Every judgment or order of any court or tribunal, including
the Supreme Court and a High Court, which is repugnant to the
provisions of clause (1) or clause (2) shall be, and shall be deemed
always to have been, void and of no effect whatsoever.]
Chapter 2. BORROWING AND AUDIT
- 166.
- 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 [Majlis-e-Shoora
(Parliament)], and to the giving of guarantees within such limits, if
any, as may be so fixed.
- 167.
- (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.
- (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, includ ing the term of
office, of the Auditor-General shall be determined by Act of
[Majlis-e-Shoora (Parliament)] and, until so determined, by Order of the President.
- (4) A person who has held office as Auditor-General shall not be
eligible for further appointment in the service of 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.
- 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' [Majlis-e-Shoora
(Parliament)] and, until so determined, by Order of the President.
- 170.
- 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.
- 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.
Chapter 3. PROPERTY, CONTRACTS, LIABILITIES AND SUITS.
- 172.
- (1) Any property which has no rightful owner shall, if located in
a Province, vest in the Governent of that Province, and in every
other case, in the Federal Government.
- (2) All lands, minerals and other things of value within the
continental shelf or underlying the ocean within the territorial
waters of Pakistan shall vest in the Federal Government.
- 173.
- (1) The executive authority of the Federation and of a Province
shall extend, subject to any Act of the appropriate Legislature, to
the grant, sale, disposition or mortgage of any property vested in,
and to the purchase or acquisition of property on behalf of, the
Federal Government or, as the case may be, the Provincial Government,
and to the making of contracts.
- (2) All property acquired for the purposes of the Federation or
of a Province shall vest in the Federal Government or, as the case may
be, in the Provincial Government.
- (3) All contracts made in the exercise of the executive authority
of the Federation or of a Pro vince shall be expressed to be made in
the name of the President or, as the case may be, the Governor of the
Province, and all such contracts and all assurances of property made
in the exercise of that authority shall be executed on behalf of the
President or Governor by such persons and in such manner as he may
direct or authorize.
- (4) Neither the President, nor the Governor of a Province, shall be
personally liable in respect of any contract or assurance made or
executed in the exercise of the executive authority of the Federation
or, as the case may be, the Province, nor shall any person making or
executing any such contract or assurance on behalf of any of them be
personally liable in respect thereof.
- (5) Transfer of land by the Federal Government or a Provincial
Government shall be regulated by law.
- 174.
- The Federation may sue or be sued by the name of Pakistan and a
Province may sue or be sued by the name of the Province.
PART VII
The Judicature
Chapter 1. THE COURTS
- 175.
- (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 progres- sively from the
Executive within
[fourteen] years from the commencing day.
Chapter 2. THE SUPREME COURT OF PAKISTAN
- 176.
- The Supreme Court shall consist of a Chief Justice to be known as
the Chief Justice of Pakistan and so many other Judges as may be
determined by Act of
[Majlis-e-Shoora(Parliament)] or, until so determined, as may be fixed
by the President.
-
- 177.
- (1) The Chief Justice of Pakistan shall be appointed by the
President, and each of the other Judges shall be appointed by the
President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court
unless he is a citizen of Pakistan and-
- (a) has for a period of, or for periods aggregating, not less
than five years been a judge of a High Court (including a High Court
which existed in Pakistan at any time before the commencing day); or
- (b) has for a period of, or for periods aggregating not less
than fifteen years been an advocate of a High Court (including a High
Court which existed in Pakistan at any time before the commencing
day).
- 178.
- Before entering upon office, the Chief Justice of Pakistan shall
make before the President, and any other Judge of the Supreme Court
shall make before the Chief Justice, oath in the form set out in the
Third Schedule.
-
- [179.
- (1)] A Judge of the Supreme Court shall hold office until he
attains the age of sixty-five years, unless he sooner resigns or is
removed from office in accordance with the Constitution.
- * * *
- 180.
- At any time when-
- (a) the office of Chief Justice of Pakistan
is vacant; or
- (b) the Chief Justice of Pakistan is absent
or is unable to perform the functions
of his office due to any other cause,
the President shall appoint [the most senior of the
other Judges of the Supreme Court] to act as Chief Justice of
Pakistan.
- 181.
- (1) At any time when-
- (a) the office of a Judge of the Supreme Court is vacant; or
- (b) a Judge of the Supreme Court is absent or is unable to perform the
functions of his office due to any other cause,
the President may, in the manner provided in clause (1) of Article
177, appoint a Judge of a High Court who is qualified for appointment
as a Judge of the Supreme Court to act temporarily as a Judge of the
Supreme Court.
[Explanation.-In this
clause, 'Judge of a High Court' includes a person who has retired as a
Judge of a High Court.]
- (2) An appointment under this Article shall continue in force
until it is revoked by the President.
- 182.
- If at any time it is not possible for want of quorum of Judges of
the Supreme Court to hold or continue any sitting of the Court, or for
any other reason it is necessary to increase temporarily the number of
Judges of the Supreme Court, the Chief Justice of Pakistan may, in
writing,-
- (a) with the approval of the President, request any person who
has held the office of a Judge of that Court and since whose ceasing
to hold that office three years have not elapsed; or
- (b) with the approval of the President and with the consent of the
Chief justice of a High Court, require a Judge of that Court qualified
for appointment as a judge of the Supreme Court,
to attend sittings of the Supreme Court as an ad hoc Judge for such
period as may be necessary and while so attending an ad hoc Judge
shall have the same power and jurisdiction as a Judge of the Supreme
Court.
- 183.
- (1) The permanent seat of the Supreme Court shall, subject to
clause (3), be at Islamabad.
- (2) The Supreme Court may from time to time to time sit in such
other places as the Chief Justice of Pakistan, with the approval of
the President, may appoint.
- (3) Until provision is made for establishing
the Supreme Court at Islamabad, the seat of the
Court shall be at such place as the President may
165 appoint.
- 184.
- (1) The Supreme Court shall, to the exclusion of every other
court, have original jurisdiction in any dispute between any two or
more Governments.
Explanation.-In this clause, "Governments" means the
Federal Government and the Provincial Governments.
- (2) In the exercise of the jurisdiction conferred on it by clause
(1), the Supreme Court shall pronounce declaratory judgments only.
- (3) Without prejudice to the provisions of Article 199, the
Supreme Court shall, if it considers that a question of public
importance with reference to the enforcement of any of the Fundamental
Rights conferred by Chapter I of Part II is involved have the power to
make an order of the nature mentioned in the said Article.
- 185.
- (1) Subject to this Article, the Supreme Court shall have
jurisdiction to hear and determine appeals from judgments, decrees,
final orders or sentences.
(2) An appeal shall lie to the Supreme Court from any judgment,
decree, final order or sentence
- (a) if the High Court has on appeal reversed an order of acquittal of
an accused person and sentenced him to death or to transportation for
life or imprisonment for life; or, on revision, has enhanced a
sentence to a sentence as aforesaid; or
- (b) if the High Court has withdrawn for trial before itself any case
from any court subordinate to it and has in such trial convicted the
accused person and sentenced him as aforesaid; or
- (c) if the High Court has imposed any punishment on any person for
contempt of the High Court; or
- (d) if the amount or value of the subject matter of the dispute
in the court of first instance was, and also in dispute in appeal is,
not less than fifty thousand rupees or such other sum as may be
specified in that behalf by Act of
[Majlis-e-Shoora(Parliament)] and the judgment, decree or final order
appealed from has varied or set aside the judgment, decree or final
order of the court immediately below; or
- (e) if the judgment, decree or final order involves directly or
indirectly some claim or question respecting property of the like
amount or value and the judgment, decree or final order appealed from
has varied or set aside the judgment, decree or final order of the
court immediately below; or
- (f) if the High Court certifies that the case involves a
substantial question of law as to the interpretation of the
Constitution.
- (3) An appeal to the Supreme Court from a judgment, decree, order
or sentence of a High Court in a case to which clause (2) does not
apply shall lie only if the Supreme Court grants leave to appeal.
- 186.
- (1) If, at any time, the President considers that it is desirable
to obtain the opinion of the Supreme Court on any question of law
which he considers of public importance, he may refer the question to
the Supreme Court for consideration.
- (2) The Supreme Court shall consider a question so referred and
report its opinion on the question to the President.
-
- [186A.
- The Supreme Court may, if it considers it expedient to do so in
the interest of justice, transfer any case, appeal or other
proceedings pending before any High Court to any other High Court.
- 187
- (1) [Subject to
clause(2) of Article 175, the]Supreme Court shall have power to issue
such directions, orders or decrees as may be necessary for doing
complete justice in any case or matter pending before it, including an
order for the purpose of securing the attendance of any person or the
discovery or production of any document.
- (2) Any such direction, order or decree shall be enforceable
throughout Pakistan and shall, where it is to be executed in a
Province, or a territory or an area not forming part of a Province but
within the jurisdiction of the High Court of the Province, be executed
as if it had been issued by the High Court of that Province.
- (3) If a question arises as to which High Court shall give effect
to a direction, order or decree of the Supreme Court, the decision of
the Supreme Court on the question shall be final.
- 188.
- The Supreme Court shall have power, subject to the provisions of any
Act of [Majlis-e-Shoora
(Parliament)] and of any rules made by the Supreme Court, to review any
judgment pronounced or any order made by it.
- 189.
- Any decision of the Supreme Court shall, to the extent that it
decides a question of law or is based upon or enunciates a principle
of law, be binding on all other courts in Pakistan.
- 190.
- All executive and judicial authorities through out Pakistan shall
act in aid of the Supreme Court.
- 191.
- Subject to the Constitution and law, the Supreme Court may make
rules regulating the practice and procedure of the Court.
Chapter 3. THE HIGH COURTS
- 192.
- (1) A High Court shall consist of a Chief Justice and so many
other Judges as may be determined by law or, until so determined, as
may be fixed by the President.
- [(2) 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 0rder, 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 [Majlis-e-Shoora
(Parliament)], be extended to any area in Pakistan not forming part of
a Province.
- 193.
- (1) A Judge of a High Court shall be appoin ted 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 forty 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.
[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.
- 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 Jusffce, oath in the form set out in the Third
Schedule.
-
- [195.
- (1)] A Judge of a 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.
- 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
[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.
- At any time when-
- (a) the office of a Judge of a High Court is vacant; or
- (c) for any reason it is necessary to increase the number of
Judges of a High Court,
the President may, in the manner provided in clause (1) of Article
193, appoint a person qualified for appointment as a Judge of the High
Court to be Additional Judge of the Court for such period as the
President may determine, being a period not exceeding such period, if
any, as may be prescribed by law.
-
- [198.
- (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.
- [(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.
- (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.
[(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.]
- * * *
- (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 [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 orderor proceeding which on the face of the record is without jurisdiction.
- [(4A) An interim
order made by a High Court on an application made to it to question
the validity or legal effect of any order made, proceeding taken or
act done by any authority or person, which has been made, taken or
done or purports to have been made, taken or done under any law which
is specified in part I of the First Schedule or relates to, or is
connected with, [State
Property or] assessment or collection of public revenues shall cease
to have effect on the expiration of a period of [six months] following the
day on which it is made, unless the case is finally decided, or the
interim order is withdrawn, by the Court earlier. ]
- (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. ]
- (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.
- (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 [: ]
[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
[two years] at a
time.
Explanation.-In this Article, "Judge" does not include a Chief Justice
[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].]
- [(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.]
- [(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. ]
[Explanation.- In this
Article, "High Court" includes a Bench of a High Court. ]
- (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.
- 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.
- 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.
- Each High Court shall supervise and control all courts
subordinate to it.
Chapter
3A. FEDERAL SHARIAT COURT
- 203A
- The provisions or this Chapter shall have effect notwithstanding anything contained in the Constitution.
- 203B
- In this Chapter, unless there is anything repugnant in the subject or context
- (a) "Chief Justice" means, Chief Justice of the Court;
- (b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C;
- (bb) "judge" means judge of the Court;
- (c) "law" includes any custom or usage having the force of law but does not include the Constitution.
- 203C
- (1) There shall be constituted for the purposes of this Chapter a court to be called the Federal Shariat Court.
- (2) The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President.
- (3) The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.
- (3A) Of the Judges not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be ulema who are well- versed in Islamic law.
- (4) The Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a Judge for a period exceeding two years except with his consent and, except where the Judge is, himself the
Chief Justice, after consultation by the President with the Chief Justice of the High Court.
- (4A) The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.
- (4B) The President may, at any time, by order in writing,
- (a) modify the term of appointment of a Judge;
- (b) assign to a Judge any other office; and
- (c) require a Judge to perform such other functions as the President may deem fit;
and pass such other order as he may consider appropriate.
Explanation: In this clause and clause (4C), "Judge" includes Chief Justice.
- (4C) While he is performing the functions which he is required under clause (4B) to perform or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.
- (5) A Judge of a High Court who does not accept appointment as a Judge shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.
- (6) The Principal seat of the Court shall be at Islamabad, but Court may from time to time sit in such other places in Pakistan as the Chief Justice may, with the approval of the President, appoint.
- (7) Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.
- (8) At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be, Judge.
- (9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court.
- 203D
- (1) The Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.
- (1A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.
- (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:
- (a) the reasons for its holding that opinion; and
- (b) the extent to which such law or provision is so repugnant;
and specify the day on which the decision shall take effect:
Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.
- (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,
- (a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and
- (b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.
- (3A) Notwithstanding anything contained in this Chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the injunctions of Islam:
Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.
(3B) Notwithstanding anything contained in the Constitution including this Chapter or clause (3A) or anything done pursuant thereto, or any law or any judgment of any court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject- matter of decision of the Court referred to in clause (3A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature In substitution of such existing laws as a consequence of the final decision of the Court, as stated in clause (3A), and until the said laws have been enforced:
Provided that nothing contained in clauses (3A) and (B) shall apply to assessments made, orders passed, proceedings pending and amounts payable or recovered before the
enforcement of the laws enacted in pursuance of clause (3A).
- 203DD
- (1) The Court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
- (2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorize the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence.
- (3) The Court shall have such other jurisdiction as may be conferred on it by or under any law.
- 203E
- (1) For the purposes of the performance of its functions, the Court shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any document;
- (c) receiving evidence on affidavits; and
- (d) issuing commissions for the examination of witnesses or documents.
- (2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
- (3) The Court shall have the power of a High Court to punish its own contempt.
- (4) A party to any proceedings before the Court under clause (1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
- (5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an Aalim who, in the opinion of the Court, is well- versed in Shariat.
- (6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.
- (7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
- (8) No court- fee shall be payable in respect of any petition or application made to the Court under Article 203D.
- (9) The Court shall have power to review any decision given or order made by it.
- 203F
- (1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court:
Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.
- (2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
- (2A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court,
- (a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or
- (b) if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.
- (2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.
- (3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of,
- (a) three Muslim Judges of the Supreme Court; and
- (b) not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad- hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to he drawn up by the President in consultation with the Chief Justice.
- (4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
- (5) Reference in clauses (1) and (2) to Supreme Court shall be construed as a reference to the Shariat Appellate Bench.
- (6) While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge of the Supreme Court and be paid such allowances as the President may determine.
- 203G
- Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceeding or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.
- 203GG
- Subject to Article 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court.
- 203H
- (l) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force.
- (2) All proceedings under clause (1) of Article 203B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.
- (3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other court or tribunal.
- 203I. * * *
- [Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982) section 8 (w. e. f. March 22, 1982).]
- 203J
- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely: -
- a) the scale of payment of honorarium to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Courts;
- (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court;
- (c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chief Justices;
- (d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and
- (e) the decision of cases in which the members constituting a Bench are equally divided in their opinion.
- (3) Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.
Chapter 4: General Provisions Relating to The Judicature
- 204
- (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
- The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.
- 206
- (1) A Judge of the Supreme Court or a High Court may resign his office by writing under his hand addressed to the President.
- (2) 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
- (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
- The Supreme Court 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
- (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 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 received from the Council or from any other source, 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 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
- (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
- 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
- (1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act 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 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 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 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, Majlis-e-Shoora (Parliament) by 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.
- 212A
- * * *
[Omitted by P. O. No. 14 of 1985, Article2 and Schedule item 45 and S. R. O. of December 29, 1985 issued by the Ministry of Justice (w. e. f. December 30, 1985).]
PART VIII
Elections
Chapter 1: Chief Election Commissioner and Election Commissions
- 213.
- (1) There shall be a Chief Election Commissioner (in this Part
referred to as the Commissioner), who shall be appointed by the
President 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.
- 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.
- (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.
- (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.
- 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.
- (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.
- (2) The Election Commission shall consist of,
- (a) the Commissioner who shall be Chairman of the Commission; and
- (b) two members each of whom shall be a Judge of a High Court
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.
- 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.
- 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.
- Until 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.
Chapter 2. Electoral Laws and Conduct of Elections
- 222.
- Subject to the Constitution, 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.
- (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.
- (1) A general election to the National Assembly or a Provincial
Assembly shall be held within a period of sixty days immediately
preceding the day on which the term of the Assembly is due to expire,
unless the Assembly has been sooner dissolved, and the results of the
election shall be declared not later than fourteen days before that
day.
- (2) 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 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.
- 225.
- 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.
- All elections under the Constitution shall be by secret ballot.
PART IX
Islamic Provisions
- 227.
- (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.
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.
- (1) There shall be 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 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.
- (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.
- 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.
- (1) The functions of the Islamic Council shall be,
- (a) to make recommendations to 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
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.
- The proceedings of the Islamic Council shall be regulated by rules
of procedure to be made by the Council with approval of the President.
PART X
Emergency Provisions
- 232.
- (1) If the President is satisfied that a grave emergency exists in
which the security of Pakistan, or any part thereof, is threatened by
war or external aggression, or by internal disturbance beyond the
power of a Provincial Government to control, he may issue a
Proclamation of Emergency.
- (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,
- (a) Majlis-e-Shoora (Parliament) shall have power to make laws
for a Province, or any part thereof, with respect to any matter not
enumerated in the Federal Legislative List or the Concurrent
Legislative List;
- (b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised, and
- (c) the Federal Government may by Order assume to itself, or direct
the Governor of a Province to assume on behalf of the Federal
Government, all or any of the functions of the Government of the
Province, and all or any of the powers vested in, or exercisable by,
any body or authority in the Province other than the Provincial
Assembly, and make such incidental and consequential provisions as
appear to the Federal Government to be necessary or desirable for
giving effect to the objects of the Proclamation, including provisions
for suspending, in whole or in part, the operation of any provisions
of the Constitution relating to any body or authority in the province:
Provided that nothing in paragraph (c) shall authorize the Federal
Government to assume to itself, or direct the Governor of the Province
to assume on its behalf, any of the powers vested in or exercisable by
a High Court, or to suspend either in whole or in part the operation
of any provisions of the Constitution relating to High Courts.
- (3) The power of Majlis-e-Shoora (Parliament) to make laws for a
Province with respect to any matter shall include power to make laws
conferring powers and imposing duties, or authorizing the conferring
of powers and the imposition of duties upon the Federation, or
officers and authorities of the Federation, as respects that matter.
- (4) Nothing in this Article shall restrict the power of a
Provincial Assembly to make any law which under the Constitution it
has power to make but if any provision of a Provincial law is
repugnant to any provision of an Act of Majlis-e-Shoora (Parliament)
which Majlis-e-Shoora (Parliament) has under this Article power to
make, the Act of Majlis-e-Shoora (Parliament), whether passed before
or after the Provincial law, shall prevail and the Provincial law
shall, to the extent of the repugnancy, but so long only as the Act of
Majlis-e-Shoora (Parliament) continues to have effect, be void.
- (5) A law made by Majlis-e-Shoora (Parliament), which Majlis- e-
Shoora (Parliament) would not but for the issue of a Proclamation of
Emergency have been competent to make, shall, to the extent of the
incompetency, cease to have effect on the expiration of a period of
six months after the Proclamation of Emergency has ceased to be in
force, except as respects things done or omitted to be done before the
expiration of the said period.
- (6) While a Proclamation of Emergency is in force, Majlis- e-
Shoora (Parliament) may by law extend the term of the National
Assembly for a period not exceeding one year and not extending in any
case beyond a period of six months after the Proclamation has ceased
to be in force.
- (7) A Proclamation of Emergency shall be laid before a joint
sitting which shall be summoned by the President to meet within thirty
days of the Proclamation being issued and,
- (a) shall cease to be in force at the expiration of two
months unless before the expiration of that period it has been
approved by a resolution of the joint sitting; and
- (b) shall, subject to the provisions of paragraph (a), cease to be
in force upon a resolution disapproving the Proclamation being passed
by the votes of the majority of the total memberships of the two
Houses in joint sitting.
- (8) Notwithstanding anything contained in clause (7), if the
National Assembly stands dissolved at the time when a Proclamation of
Emergency is issued, the Proclamation shall continue in force for a
period of four months but, if a general election to the Assembly is
not held before the expiration of that period, it shall cease to be in
force at the expiration of that period unless it has earlier been
approved by a resolution of the Senate.
- 233.
- (1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24
shall, while a proclamation of Emergency is in force, restrict the
power of the State as defined in Article 7 to make any law or to take
any executive action which it would, but for the provisions in the
said Articles, be competent to make or to take, but any law so made
shall to the extent of the incompetency, cease to have effect, and
shall be deemed to have been repealed, at the time when the
Proclamation is revoked or has ceased to be in force.
- (2) While a Proclamation of Emergency is in force, the President
may, by Order, declare that the right to move any Court for the
enforcement of such of the Fundamental Rights conferred by Chapter 1
of Part II as may be specified in the Order, and any proceeding in any
Court which is for the enforcement, or involves the determination of
any question as to the infringement, of any of the Rights so
specified, shall remain suspended for the period during which the
Proclamation is in force, and any such Order may be made in respect of
the whole or any part of Pakistan.
- (3) Every Order made under this Article shall, as soon as may be,
be laid before a joint sitting for approval and the provisions of
clauses (7) and (8) of Article 232 shall apply to such an Order as
they apply to a Proclamation of Emergency.
- 234.
- (1) If the President, on receipt of a report from the Governor of
a Province or otherwise, is satisfied that a situation has arisen in
which the Government of the Province cannot be carried on in
accordance with the provisions of the Constitution, the President may,
or if a resolution in this behalf is passed at a joint sitting shall,
by Proclamation,
- (a) assume to himself, or direct the Governor of the Province to
assume on behalf of the President, all or any of the functions of the
Government of the Province, and all or any of the powers vested in, or
exercisable by, any body or authority in the Province, other than the
Provincial Assembly;
- (b) declare that the powers of the Provincial Assembly shall be
exercisable by, or under the authority of, Majlis-e-Shoora
(Parliament); and
- (c) make such incidental and consequential provisions as appear to
the President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any provisions of the Constitution
relating to any body or authority in the Province:
Provided that nothing in this Article shall authorize the President to
assume to himself, or direct the Governor of the Province to assume on
his behalf, any of the powers vested in, or exercisable by, a High
Court, or to suspend either in whole or in part the operation of any
provisions of the Constitution relating to High Courts.
- (2) The Provisions of Article 105 shall not apply to the discharge
by the Governor of his functions under clause (1).
- (3) A Proclamation issued under this Article shall be laid before
a joint sitting and shall cease to be in force at the expiration of
two months, unless before the expiration of that period it has been
approved by resolution of the joint sitting and may by like resolution
be extended for a further period not exceeding two months at a time;
but no such Proclamation shall in any case remain in force for more
than six months.
- (4) Notwithstanding anything contained in clause (3), if the
National Assembly stands dissolved at the time when a Proclamation is
issued under this Article, the Proclamation shall continue in force
for a period of three months but, if a general election to the
Assembly is not held before the expiration or that period, it shall
cease to be in force at the expiration of that period unless it has
earlier been approved by a resolution of the Senate.
- (5) Where by a Proclamation issued under this Article it has been
declared that the powers of the Provincial Assembly shall be
exercisable by or under the authority of Majlis-e-Shoora
(Parliament), it shall be competent-
- (a) to Majlis-e-Shoora (Parliament) in joint sitting to confer
on the President the power to make laws with respect to any matter
within the legislative competence of the Provincial Assembly;
- (b) to Majlis-e-Shoora (Parliament) in joint sitting, or the
President, when he is empowered under paragraph (a), to make laws
conferring powers and imposing duties, or authorizing the conferring
of powers and the imposition of duties, upon the Federation, or
officers and authorities thereof;
- (c) to the President, when Majlis-e-Shoora (Parliament) is not
in session, to authorize expenditure from the Provincial Consolidated
Fund, whether the expenditure is charged by the Constitution upon that
fund or not, pending the sanction of such expenditure by Majlis- e-
Shoora (Parliament) in joint sitting; and
- (d) to Majlis-e-Shoora (Parliament) in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).
- (6) Any law made by Majlis-e-Shoora (Parliament) or the
President which Majlis-e-Shoora (Parliament) or the President would
not, but for the issue of a Proclamation under this Article, have been
competent to make, shall, to the extent of the incompetency, cease to
have affect on the expiration of a period of six months after the
Proclamation under this Article has ceased to be in force, except as
to things done or omitted to be done before the expiration of the said
period.
- 235.
- (1) If the President is satisfied that a situation has arisen
whereby the economic life, financial stability or credit of Pakistan,
or any part thereof, is threatened, he may, after consultation with
the Governors of the Provinces or, as the case may be, the Governor of
the Province concerned, by Proclamation make a declaration to that
effect, and while such a Proclamation is in force, the executive
authority of the Federation shall extend to the giving of directions
to any Province to observe such principles of financial propriety as
may be specified in the directions, and to the giving of such other
directions as the President may deem necessary in the interest of the
economic life, financial stability or credit of Pakistan or any part
thereof.
- (2) Notwithstanding anything in the Constitution, any such
directions may include a provision requiring a reduction of the salary
and allowances of all or any class of persons serving in connection
with the affairs of the Province.
- (3) While a Proclamation issued under this Article is in force the
President may issue directions for the reduction of the salaries and
allowances of all or any class of persons serving in connection with
the affairs of the Federation.
- (4) The provisions of clauses (3) and (4) of Article 234 shall
apply to a Proclamation issued under this Article as they apply to a
Proclamation issued under that Article.
- 236.
- (1) A Proclamation issued under this part may be varied or revoked
by a subsequent Proclamation.
- (2) The validity of any Proclamation issued or Order made under
this Part shall not be called in question in any court.
- 237.
- Nothing in the Constitution shall prevent Majlis-e-Shoora
(Parliament) from making any law indemnifying any person in the
service of the Federal Government or a Provincial Government, or any
other person, in respect of any act done in connection with the
maintenance or restoration of order in any area in Pakistan.
PART XI
Amendment of Constitution
- 238.
- Subject to this Part, the Constitution may be amended by Act of
Majlis- e- Shoora (Parliament).
- 239.
- (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.
- 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 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 Majlis- e- Shoora (Parliament).
- 241.
- 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.
- (1) 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.
- (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.
Chapter 2. Armed Forces
- 243.
- (1) The Federal Government shall have control and command of the
Armed Forces.
- (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;
- (b) to grant Commissions in such Forces; and
- (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.
- 244.
- Every member of the Armed Forces shall make oath in the form set
out in the Third Schedule.
- 245.
- (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.
- (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.
Chapter 3. Tribal Areas
- 246.
- In the Constitution,
- (a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes
- (i) the Tribal Areas of Baluchistan and the North- West
Frontier Province; and
- (ii) the former States of Amb, Chitral, Dir and Swat;
- (b) "Provincially Administered Tribal Areas" means
- (i) The districts of Chitral, Dir and Swat (which
includes Kalam), the Tribal Area in Kohistan district, Malakand
Protected Area, the Tribal Area adjoining Mansehra district and the
former State of Amb; and
- (ii) Zhob district, Loralai district (excluding Duki
Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti
tribal territories of Sibi district; and
- (c) Federally Administered Tribal Areas includes
- (i) Tribal Areas adjoining Peshawar district;
- (ii) Tribal Areas adjoining Kohat district;
- (iii) Tribal Areas adjoining Bannu district;
- (iv) Tribal Areas adjoining Dera Ismail Khan district;
- (v) Bajaur Agency,
- (va) Orakzai Agency,
- (vi) Mohmand Agency,
- (vii) Khyber Agency;
- (viii) Kurram Agency;
- (ix) North Waziristan Agency, and
- (x) South Waziristan Agency.
- 247.
- (1) Subject to the Constitution, the executive authority of the
Federation shall extend to the Federally Administered Tribal Areas,
and the executive authority of a Province shall extend to the
Provincially Administered Tribal Areas therein.
- (2) The President may, from time to time, give such directions to
the Governor of a Province relating to the whole or any part of a
Tribal Area within the Province as he may deem necessary, and the
Governor shall, in the exercise of his functions under this Article,
comply with such directions.
- (3) No Act of Majlis- e- Shoora (Parliament) shall apply to any
Federally Administered Tribal Area or to any part thereof, unless the
President so directs, and no Act of Majlis- e- Shoora (Parliament) or
a Provincial Assembly shall apply to a Provincially Administered
Tribal Area, or to any part thereof, unless the Governor of the
Province in which the Tribal Area is situate, with the approval of the
President, so directs; and in giving such a direction with respect to
any law, the President or, as the case may be, the Governor, may
direct that the law shall, in its application to a Tribal Area, or to
a specified part thereof, have effect subject to such exceptions and
modifications as may be specified in the direction.
- (4) Notwithstanding anything contained in the Constitution, the
President may, with respect to any matter within the legislative
competence of Majlis- e- Shoora (Parliament), and the Governor of a
Province, with the prior approval of the President, may, with respect
to any matter within the legislative competence of the Provincial
Assembly make regulations for the peace and good government of a
Provincially Administered Tribal Area or any part thereof, situated in
the Province.
- (5) Notwithstanding anything contained in the Constitution, the
President may, with respect to any matter, make regulations for the
peace and good Government of a Federally Administered Tribal Area or
any part thereof.
- (6) The President may, at any time, by Order, direct that the
whole or any part of a Tribal Area shall cease to be Tribal Area, and
such Order may contain such incidental and consequential provisions as
appear to the President to be necessary and proper:
Provided that before making any Order under this clause, the President
shall ascertain, in such manner as he considers appropriate, the views
of the people of the Tribal Area concerned, as represented in tribal jirga.
- (7) Neither the Supreme Court nor a High Court shall exercise any
jurisdiction under the Constitution in relation to a Tribal Area,
unless Majlis- e- Shoora (Parliament) by law otherwise provides:
Provided that nothing in this clause shall affect the jurisdiction
which the Supreme Court or a High Court exercised in relation to a
Tribal Area immediately before the commencing day.
Chapter 4. General
- 248.
- (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.
- (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.
- (l) Within two years from the commencing day, provision shall be
made by law for determining the salaries, allowances and privileges of
the President, the Speaker and Deputy Speaker and a member of the
National Assembly or a Provincial Assembly, the Chairman and Deputy
Chairman and a member of the Senate, the Prime Minister, a Federal
Minister, a Minister of State, a Chief Minister, a Provincial Minister
and the Chief Election Commissioner.
- (2) Until other provision is made by law,
- (a) the salaries, allowances and privileges of the President,
the Speaker or Deputy Speaker or a member of the National Assembly or
a Provincial Assembly, a Federal Minister, a Minister of a State, 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 Majlis- e- Shoora
(Parliament), or be entitled to salary, allowances or privileges as
Chairman, Speaker or such a member.
- 251.
- (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.
- (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.
- (l) 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.
- 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.
- (1) An oath required to be made by a person under the
Constitution shall 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.
- No private organization capable of functioning as a military
organization shall be formed, and any such organization shall be
illegal.
- 257.
- 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.
- Subject to the Constitution, until 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.
- (1) No citizen shall accept any title, honor or decoration from
any foreign State except with the approval of the Federal
Government.
- (2) No title, honor or decoration shall he conferred by the
Federal Government or any Provincial Government on any citizen, but
the President may award decorations in recognition of gallantry,
meritorious service in the Armed Forces, academic distinction or
distinction in the field of sports or nursing, as provided by Federal
law.
- (3) All titles, honors and decorations awarded to citizens by any
authority in Pakistan before the commencing day otherwise than in
recognition of gallantry, meritorious service in the Armed Forces or
academic distinction shall stand annulled.
Chapter 5. Interpretation
- 260.
- (1) In the Constitution, unless the context otherwise requires,
the following expressions have the meaning hereby respectively
assigned to them, that is to say,
- "Act of Majlis- e- Shoora (Parliament)" means an Act passed
by Majlis- e- Shoora (Parliament) or the National Assembly and
assented to, or deemed to have been assented to, by the President;
- "Act of Provincial Assembly" means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
- "agricultural income" means agricultural income as defined
for the purpose of the law relating to income tax;
- "Article" means Article of the Constitution;
- "borrows" includes the raising of money by the grant of
annuities, and "loans" shall be construed accordingly;
- "Chairman" means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;
- "Chief Justices", in relation to the Supreme Court or a
High Court, includes the Judge for the time being acting as Chief
Justice of the Court;
- "citizen" means a citizen of Pakistan as defined by law;
- "clause" means clause of the Article in which it occurs;
- "corporation tax" means any tax or income that is payable
by companies and in respect of which the following conditions apply:
- (a) the tax is not chargeable in respect of
agricultural income;
- (b) no deduction in respect of the tax paid by
companies is, by any law which may apply to the tax, authorized to be
made from dividends payable by the companies to individuals;
- (c) no provision exists for taking the tax so paid
into account in computing for the purposes of income tax the total
income of individual receiving such dividends, or in computing the
income tax payable by, or refundable to, such individuals;
- "debt" includes any liability in respect of any obligation
to repay capital sums by way of annuities and any liability under any
guarantee, and "debt charges" shall be construed accordingly;
- "estate duty" means a duty assessed on, or by reference to,
the value of property passing upon death;
- "existing laws" has the same meaning as in clause (7) of Article 268;
- "Federal laws" means a law made by or under the authority of Majlis- e- Shoora (Parliament);
- "financial year" means a year commencing on the first day of July;
- "goods" includes all materials, commodities and articles;
- "Governor" means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
- "guarantee" includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;
- "House" means the Senate or the National Assembly;
- "Joint sitting" means a joint sitting of the two Houses;
- "Judge" in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includesÑ
- (a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
- (b) in relation to the High Court, a person who is an Additional Judge of the Court;
- "members of the Armed Forces" does not include persons who are
not, for the time being, subject to any law relating of the members of
the Armed Forces;
- "net proceeds" means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor- General;
- "oath" includes affirmation;
- "Part" means Part of the Constitution;
- "pension" means a pension, whether contributory or not, of any
kind whatsoever payable to, or in respect of, any person and includes
retired pay so payable, a gratuity so payable, and any sum or sums so
payable by way of the return, with or without interest thereon or any
addition thereto, of subscriptions to a provident fund;
- "person" includes any body politic or corporals;
- "President" means the President of Pakistan and includes a person
for the time being acting as, or performing the functions of, the
President of Pakistan and, as respects anything required to be done
under the Constitution before the commencing day, the President under
the Interim Constitution of the Islamic Republic of Pakistan;
- "Property" includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
- "Provincial law" means a law made by or under the authority of the Provincial Assembly;
- "remuneration" includes salary and pension;
- "Schedule" means Schedule to the Constitution;
- "security of Pakistan" includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
- "Service of Pakistan" means any service, post or office in
connection with the affairs of the Federation or of a Province, and
includes an All- Pakistan Service, service in the Armed Forces and any
other service declared to be a service of Pakistan by or under Act of
Majlis- e- Shoora (Parliament) or of a Provincial Assembly, but does
not include service as Speaker, Deputy Speaker, Chairman, Deputy
Chairman, Prime Minister, Federal Minister, Minister of State, Chief
Minister, Provincial Minister, Attorney- General, Advocate- General,
Parliamentary Secretary or Chairman or member of a Law Commission,
Chairman or member of the Council of Islamic Ideology, Special
Assistant to the Prime Minister, Adviser to the Prime Minister,
Special Assistant to Chief Minister, Adviser to a Chief Minister or
member of a House or a Provincial Assembly;
- "Speaker" means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
- "taxation" includes the imposition of any tax or duty, whether general, local or special, and "tax" shall be construed accordingly;
- "tax on income" includes a tax in the nature of an excess profits tax or a business profits tax
- (2) In the Constitution "Act of Majlis- e- Shoora (Parliament)"
or "Federal law" or "Act of Provincial Assembly" or "Provincial law"
shall include an Ordinance promulgated by the President or, as the
case may be, a Governor.
- (3) In the Constitution and all enactments and other legal
instruments, unless there is anything repugnant in the subject or
context
- (a) "Muslim" means a person who believes in the unity and
oneness of Almighty Allah, in the absolute and unqualified finality of
the 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.
- For the purposes of the Constitution, a person who acts an office
shall not be regarded as the successor to the person who held that
office before him or as the predecessor to the person who holds that
office after him.
- 262.
- (1) For the purpose of the Constitution, period of time shall
be reckoned according to the Gregorian calendar.
- 263.
- (1) In the Constitution,
- (a) words importing the masculine gender shall be taken to include females; and
- (b) words in the singular shall include the plural, and words in the plural shall include the singular.
- 264.
- Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,
- (a) revive anything not in force or existing at the time at
which the repeal takes effect;
- (b) affect the previous operation of the law or anything duly done or suffered under the law;
- (c) affect any right, privilege, obligation or liability
acquired, accrued or incurred under the law;
- (d) affect any penalty, forfeiture or punishment incurred
in respect of any offence committed against the law; or
- (e) affect any investigation legal proceeding or remedy
in respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or
punishment may he imposed, as if the law had not been repealed.
Chapter 6. Title, Commencement and Repeal
- 265.
- (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.
- The Interim Constitution of the Islamic Republic of Pakistan,
together with the Acts and President's Orders making omissions from,
additions to, modifications of, or amendments in, that Constitution is
hereby repealed.
Chapter 7. Transitional
- 267.
- (1) At any time before the commencing day, or before the
expiration of three months from the commencing day, the President may,
for the purpose of removing any difficulties, or for bringing the
provisions of the Constitution into effective operation, by Order,
direct that the provisions of the Constitution shall, during such
period as may be specified in the Order, have effect, subject to such
adaptations, whether by way of modification, addition or omission, as
he may deem to be necessary or expedient.
- (2) An Order made under clause (1) shall be laid before both
Houses without undue delay, and shall remain in force until a
resolution disapproving it is passed by each House or, in case of
disagreement between the two Houses, until such resolution is passed
at a joint sitting.
- 268.
- (1) Except as provided by this Article, all existing laws shall,
subject to the Constitution, continue in force, so far as applicable
and with the necessary adaptations, until altered, repealed or amended
by the appropriate Legislature.
- (2) The laws specified in the Sixth Schedule shall not be
altered, repealed or amended without the previous sanction of the
President.
- (3) For the purpose of bringing the provisions of any existing
law into accord with the provisions of the Constitution (other than
Part II of the Constitution), the President may by Order, within a
period of two years from the commencing day, make such adaptation,
whether by way of modification, addition or omission, as he may deem
to be necessary or expedient, and any such Order may be made so as to
have effect from such day, not being a day earlier than the commencing
day, as may be specified in the Order.
- (4) The President may authorize the Governor of a Province to
exercise, in relation to the Province, the powers conferred on the
President by clause (3) in respect of laws relating to matters with
respect to which the Provincial Assembly has power to make laws.
- (5) The powers exercisable under clauses (3) and (4) shall be
subject to the provisions of an Act of the appropriate Legislature.
- (6) Any court, tribunal or authority required or empowered to enforce
an existing law shall, notwithstanding that no adaptations have been
made in such law by an Order made under clause (3) or clause (4),
construe the law with all such adaptations as are necessary to bring
it into accord with the provisions of the Constitution.
- (7) In this Article, "existing laws" means all laws (including
Ordinances, Orders- in- Council, Orders, rules, by- laws, regulations
and Letters Patent constituting a High Court, and any notifications
and other legal instruments having the force of law) in force in
Pakistan or any part thereof, or having extraterritorial validity,
immediately before the commencing day.
Explanation:- In this Article, "in force", in
relation to any law, means having effect as law whether or not the law
has been brought into operation.
- 269.
- (1) All Proclamations, President's Orders, Martial Law
Regulations, Martial Law Orders and all other laws made between the
twentieth day of December, one thousand nine hundred and seventy one
and the twentieth day of April, one thousand nine hundred and seventy-
two (both days inclusive), are hereby declared notwithstanding any
judgment of any Court, to have been validly made by competent
authority and shall not be called in question in any court on any
ground whatsoever.
- (2) All orders made, proceedings taken and acts done by any
authority, or by any person, which were made, taken or done, or
purported to have been made, taken or done, between the twentieth day
of December, one thousand nine hundred and seventy- one, and the
twentieth day of April, one thousand nine hundred and seventy- two
(both days inclusive) in exercise of the powers derived from any
President's Orders, Martial low Regulations, Martial Law Orders,
enactments, notifications, rules, orders or by- laws, or in execution
of any orders made or sentences passed by any authority in the
exercise or purported exercise of powers as aforesaid, shall,
notwithstanding any judgment of any count, be deemed to be and always
to have been validly made, taken or done and shall not be called in
question in any court on any ground whatsoever.
- (3) No suit or other legal proceedings shall lie in any court
against any authority or any person for or on account of or in respect
of any order made, proceedings taken or act done whether in the
exercise or purported exercise of the powers referred to in clause (2)
or in execution of or in compliance with orders made or sentences
passed in exercise or purported exercise of such powers.
- 270.
- (1) Majlis- e- Shoora (Parliament) may by law made in the manner
prescribed for legislations for a matter in Part I of the Federal
Legislative List validate all Proclamations, President's Orders,
Martial Law Regulations, Martial Law Orders and other laws made
between the twenty- fifth day of March, one thousand nine hundred and
sixty- nine and the nineteenth day of December, one thousand nine
hundred and seventy- one (both days inclusive).
- (2) Notwithstanding a judgment of any court, a law made by Majlis- e- Shoora (Parliament) under clause (1) shall not be questioned in any court on any ground whatsoever.
- (3) Notwithstanding the provisions of clause (1), and a judgment
of any court to the contrary, for a period of two years from the
commencing day, the validity of all such instruments as are referred
to in clause (1) shall not be called in question before any court on
any ground whatsoever.
- (4) All orders made, proceedings taken and acts done by any
authority, or any person, which were made, taken or done, or purported
to have been made, taken or done, between the twenty- fifth day of
March, one thousand nine hundred and sixty- nine and nineteenth day of
December, one thousand nine hundred and seventy- one (both days
inclusive), in exercise of powers derived from any President's Orders,
Martial Law Regulations, Martial Law Orders, enactments,
notifications, rules, orders or by- laws, or in execution of any order
made or sentence passed by any authority in the exercise or purported
exercise of power as aforesaid shall, notwithstanding any judgment of
any court, be deemed to be and always to have been validly made, taken
or done, so however that any such order, proceeding or act may be
declared invalid by Majlis- e- Shoora (Parliament) at any time within
a period of two years from the commencing day by resolution of both
Houses, or in case of disagreement between the two Houses, by such
resolution passed at a joint sitting and shall not be called in
question before any court on any ground whatsoever.
- 270A.
- (l) The Proclamation of the fifth day of July, 1977, all
President's Orders, Ordinances, Martial Law Regulations, Martial Law
Orders, including the Referendum Order, 1984 (P. O. No. 11 of 1984),
under which, in consequence of the result of the referendum held on
the nineteenth day of December 1984. General Muhammad Zia- ul- Haq
became the President of Pakistan on the day of the first meeting of
the Majlis- e- Shoora (Parliament) in joint sitting for the term
specified in clause (7) of Article 41, the Revival of the Constitution
of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second
Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws, made
between the fifth day of July, 1977, and the date on which this
Article comes into force are hereby affirmed, adopted and declared,
notwithstanding any judgment of any court, to have been validly made
by competent authority and, notwithstanding anything contained in the
Constitution, shall not be called in question in any court on any
ground whatsoever:
Provided that a President's Order, Martial Law Regulation or Martial
Law Order made after the thirtieth day of September, 1985, shall be
confined only to making such provisions as facilitate, or are
incidental to, the revocation of the Proclamation of the fifth day of
July, 1977.
- (2) All order made, proceedings taken and acts done by any
authority or by any person, which were made, taken or done, or
purported to have been made, taken or done, between the fifth day of
July, 1977, and the date on which this Article comes into force, in
exercise of the powers derived from any Proclamation, President's
Orders, Ordinances, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or by- laws, or in execution
of or in compliance with any order made or sentence passed by any
authority in the exercise or purported exercise of powers as
aforesaid, shall, notwithstanding any judgment of any court, be deemed
to be and always to have been validly made, taken or done and shall
not be called in question in any court on any ground whatsoever.
- (3) All President's Orders, Ordinances, Martial Law Regulations,
Martial Law Orders, enactments, notifications, rules, orders or by-
laws in force immediately before the date on which this Article comes
into force shall continue in force until altered, repealed or amended
by competent authority.
Explanation. In this clause, Competent authority means-
- (a) in respect of President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the Legislature; and
(b) in respect of notifications, rules orders and by- laws, the authority in which the power to made, alter, repeal or amend the same vests under the law.
- (4) No suit, prosecution or other legal proceedings shall lie in
any court against any authority or any person, for or on account of or
in respect of any order made, proceedings taken or act done whether in
the exercise or purported exercise of the powers referred to in clause
(2) or in execution of or in compliance with orders made or sentences
passed in exercise or purported exercise of such powers.
- (5) For the purposes of clauses (1), (2) and (4), all orders
made, proceedings taken, acts done or purporting to be made, taken or
done by any authority or person shall be deemed to have been made,
taken or done in good faith and for the purpose intended to be served
thereby.
- (6) Such of the President's Orders and Ordinances referred to in
clause (1) as are specified in the Seventh Schedule may be amended in
the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.
Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders" and "Chief Martial Law Administrator's Orders."
- 270B.
- Notwithstanding anything contained in the Constitution, the
elections held under the Houses of (Parliament) and Provincial
Assemblies (Elections) Order, 1977 to the Houses and the Provincial
Assemblies shall be deemed to have been held under the Constitution
and shall have effect accordingly.
- 271.
- (1) Notwithstanding anything contained in the Constitution, but
subject to Article 64 and Article 223,Ñ
- (a) the first National Assembly shall consist of-:
- (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and
- (ii) the persons to be elected in accordance with law by
the members of the Assembly to fill the seats referred to in clause
(2A) of Article 51, and, unless sooner dissolved, shall continue until
the fourteenth day of August, one thousand nine hundred and seventy-
seven; and reference to "total membership" of the National Assembly in
the Constitution shall be construed accordingly;
- (b) the qualifications and disqualifications for being elected
and being a member of the first National Assembly shall, except in
case of members filling casual vacancies or to be elected to the
additional seats referred to in clause (2A) of Article 51, after the
commencing day, be the same as under the Interim Constitution of the
Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the
commencing day.
- (2) If a person referred to in paragraph (a) of clause (1) is,
immediately before the commencing day, also a member of a Provincial
Assembly, he shall not take a seat in the National Assembly or the
Provincial Assembly until he resigns one of his seats.
- (3) A casual vacancy in a seat in the first National Assembly,
including a vacancy in a seat in the National Assembly of Pakistan
existing before the commencing day which was not filled before that
day, caused by reason of death or resignation of a member or
consequent upon his incurring a disqualification or easily to be a
member as a result of the final decision of an election petition may
be filled in the same manner in which it would have been filled before
the commencing day.
- (4) A person referred to in paragraph (a) of clause (1) shall not
sit or vote in the National Assembly until he has made the oath
prescribed by Article 65 and, if, without the leave of the Speaker of
the National Assembly granted on reasonable cause shown, he fails to
make the oath within twenty- one days from the day of the first
meeting of the Assembly, his seat shall become vacant at the
expiration of that period.
- 272.
- Notwithstanding anything contained in the Constitution, but
subject to Article 63 and Article 223,
- (a) the Senate shall, until the first National Assembly under
the Constitution continues in existence, consist of forty- five
members and the provisions of Article 59 shall have effect as if, in
paragraph (a) of clause (1) thereof, for the word "fourteen" the word
"ten" and in paragraph (b) of that clause for the word "five" the word
"three", were substituted, and reference to "total memberships" of the
Senate in the Constitution shall be construed accordingly,
- (b) the members elected or chosen as members of the Senate
shall be divided into two groups by drawing of lots, the first group
consisting of five members from each Province, two members from the
Federally Administered Tribal Areas and one member from the Federal
Capital and the second group consisting of five members from each
Province one member from the said Areas and one member from the
Federal Capital;
- (c) the term of office of members of the first group and
of the second group shall respectively be two years and four years;
- (d) the term of office of persons elected or chosen to
succeed the members of the Senate at the expiration of their
respective terms shall be four years;
- (e) the term of office of a person elected or chosen to
fill a casual vacancy shall be the unexpired term of the member whose
vacancy he is elected or chosen to fill;
- (f) as soon as the first general election to the National
Assembly is held, there shall be elected to the Senate four additional
members from the Federally Administered Tribal Areas; and
- (g) the term of office of such half of the members elected
under paragraph (f) as may be determined by drawing of lots shall be
the unexpired term of office of the members of the first group and the
term of office of the other half shall be the unexpired term of the
members of the second group.
- 273.
- (1) Notwithstanding anything contained in the Constitution, but
subject to Article 63, Article 64 and Article 223,
- (a) the first Assembly of a Province under the Constitution shall consist of
- (i) the members of the Assembly of that Province in existence
immediately before the commencing day, and
- (ii) the additional members to be elected in accordance
with law by the members of the Assembly to fill the seats referred to
in clause (3) of Article 106, and, unless sooner dissolved, shall
continue until the fourteenth day of August, one thousand nine hundred
and seventy- seven; and reference to "total membership" of the
Assembly of a Province in the Constitution shall be construed
accordingly,
(b) the qualifications and disqualifications for
membership of the first Assembly of a Province shall, except in case
of members filling casual vacancies, or to be elected to the
additional seats referred to in clause (3) of Article 106, after the
commencing day, be the same as were provided in the Interim
Constitution of the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.
- (2) A casual vacancy in a seat in the first Assembly of a
Province, including a vacancy in a seat in the Assembly of that
Province in existence immediately before the commencing day which was
not filled before that day, caused by reason of death or resignation
of a member or consequent upon his incurring a disqualification or
ceasing to be a member as a result of the final decision of an
election petition may be filled in the same manner in which it would
have been filled before the commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit
or vote in the Provincial Assembly until he has made the oath
prescribed by Article 65 read with Article 127 and, if, without leave
of the Speaker of the Provincial Assembly granted on reasonable cause
shown, he fails to make the oath within twenty- one days from the day
of the first meeting of the Provincial Assembly, his seat shall become
vacant at the expiration of that period.
- 274.
- (1) All property and assets which, immediately before the
commencing day, were vested in the President or the Federal Government
shall, as from that day, vest in the Federal Government unless they
were used for purposes which, on that day, became purposes of the
Government of a Province, in which case they shall, as from that day,
vest in the Government of the Province.
- (2) All property and assets which, immediately before the
commencing day, were vested in the Government of a Province, shall, as
from that day, continue to be vested in the Government of that
Province, unless they were used for purposes, which on that day,
became purposes of the Federal Government in which case they shall, as
from that day, vest in the Federal Government.
- (3) All rights, liabilities and obligations of the Federal
Government or of the Government of a Province, whether arising out of
contract or otherwise, shall as from the commencing day, continue to
be respectively the rights, liabilities and obligations of the Federal
Government or of the Government of the Province, except that
- (a) all rights, liabilities and obligations relating to
any matter which, immediately before that day, was the responsibility
of the Federal Government, but which under the Constitution, has
become the responsibility of the Government of a Province, shall
devolve upon the Government of that Province; and
- (b) all rights, liabilities and obligations relating to
any matter which, immediately before that day, was the responsibility
of the Government of a Province, but which under the Constitution, has
become the responsibility of Federal Government, shall devolve upon
the Federal Government.
- 275.
- (1) Subject to the Constitution and until law is made under
Article 240 any person who, immediately before the commencing day, was
in the service of Pakistan shall, as from that day, continue in the
service of Pakistan on the same terms and conditions as were
applicable to him under the Interim Constitution of the Islamic
Republic of Pakistan immediately before that day.
- (2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as
- (a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
- (b) Governor of a Province;
- (c) Chief Minister of a Province;
- (d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
- (e) Chief Election Commissioner;
- (f) Attorney- General for Pakistan or Advocate- General for a Province;
- (g) Auditor- General of Pakistan.
- (3) Notwithstanding anything contained in the Constitution, for a
period of six months from the commencing day, a Federal Minister or a
Minister of State or the Chief Minister of a Province or a Provincial
Minister may be a person who is not a member of Majlis- e- Shoora
(Parliament) or, as the case may be, the Provincial Assembly of that
Province; and such Chief Minister and Provincial Minister shall have
the right to speak and otherwise take part in the proceedings of the
Provincial Assembly or any committee thereof of which he may be named
a member, but shall not by virtue of this clause be entitled to
vote.
- (4) Any person who under this Article, is continued in an office
in respect of which a form of oath is set out in the Third Schedule
shall, as soon as is practicable after the commencing day make before
the appropriate person oath in that form.
- (5) Subject to the Constitution and law
- (a) all civil, criminal and revenue Courts exercising
jurisdiction and functions immediately before the commencing day
shall, as from that day, continue to exercise their respective
jurisdictions and functions; and
- (b) all authorities and all offices (whether judicial,
executive, revenue or ministerial) throughout Pakistan exercising
functions immediately before the commencing day shall, as from that
day, continue to exercise their respective functions.
- 276.
- Notwithstanding anything contained in the Constitution, the first
President may, in the absence of the Chief Justice of Pakistan, make
the oath referred to in Article 42 before the Speaker of the National
Assembly.
- 277.
- (1) The schedule of authorized expenditure authenticated by
the President for the financial year ending on the thirtieth day of
June, one thousand nine hundred and seventy- four, shall continue to
remain a valid authority for expenditure from the Federal Consolidated
Fund for that year.
- (2) The President may, in respect of expenditure of the Federal
Government for any financial year preceding the Financial year
commencing on the first day of July, one thousand nine hundred and
seventy-three (being expenditure in excess of the authorized
expenditure for that year), authorize the withdrawal of money from the
Federal Consolidated Fund.
- (3) The provisions of clauses (1) and (2) shall apply to and in
relation to a Province, and for that purpose
- (a) any reference in those provisions to the President shall
be read as a reference to the Governor of the Province;
- (b) any reference in those provisions to the Federal
Government shall be read as a reference to the Government of the
Province; and
- (c) any reference in those provisions to the Federal
Consolidated Fund shall read as a reference to the Provincial
Consolidated Fund of the Province.
- 278.
- The Auditor- General shall perform the same functions and exercise
the same powers in relation to accounts which have not been completed
or audited before the commencing day as, by virtue of the
Constitution, he is empowered to perform or exercise in relation to
other accounts, and Article 171 shall, with the necessary
modifications, apply accordingly.
- 279.
- Notwithstanding anything contained in the Constitution, all taxes
and fees levied under any law in force immediately before the
commencing day shall continue to be levied until they are varied or
abolished by Act of the appropriate Legislature.
- 280.
- The Proclamation of Emergency issued on the twenty- third day of
November, one thousand nine hundred and seventy- one, shall be deemed
to be a Proclamation of Emergency issued under Article 232, and for
the proposes of clause (7) and clause (8) thereof to have been issued
on the commencing day, and any law, rule or order made or purporting
to have been made in pursuance of that Proclamation shall be deemed to
have been validly made and shall not be called in question in any
court on the ground of inconsistency with any of the rights conferred
by Chapter 1 of Part II.