Whereas sovereignty over the entire Universe belongs to Almighty Allah
alone, and the authority to be exercised by the people of Pakistan
within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an
order :-
Wherein the State shall exercise its powers and authority through the
chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and
social justice, as enunciated by Islam, shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the
individual and collective spheres in accordance with the teachings and
requirements of Islam as set out in the Holy Quran and Sunnah;
Wherein adequate provision shall be made for the minorities freely to
profess and practise their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan
and such other territories as may hereafter be included in or accede
to Pakistan shall form a Federation wherein the units will be
autonomous with such boundaries and limitations on their powers and
authority as may be prescribed;
Therein shall be guaranteed fundamental rights, including equality of
status, of opportunity and before law, social, economic and political
justice, and freedom of thought, expression, belief, faith, worship
and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate
interests of minorities and backward and depressed classes;
Wherein the independence of the judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its
independence and all its rights, including its sovereign rights on
land, sea and air, shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful
and honoured place amongst the nations of the World and make their
full contribution towards international peace and progress and
happiness of humanity :
Now, therefore, we, the people of Pakistan,
Cognisant of our responsibility before Almighty Allah and men;
Cognisant of the sacrifices made by the people in the cause of
Pakistan;
Faithful to the declaration made by the Founder of Pakistan,
Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic
State based on Islamic principles of social justice;
Dedicated to the preservation of democracy achieved by the unremitting
struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity
and solidarity by creating an egalitarian society through a new
order;
Do hereby, through our representatives in the National Assembly,
adopt, enact and give to ourselves, this Constitution.
Part I: Introductory
1.
The Republic and its territories
(1)
Pakistan shall be a Federal Republic to be known as
the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
The Objectives Resolution to form part of substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part
of the Constitution and shall have effect accordingly.
Elimination of exploitation The State shall ensure the elimination of all forms of
exploitation and the gradual fulfillment of the fundamental
principle, from each according to his ability to each according to
his work.
4
Right of individuals to be dealt with in accordance with
law, etc.
(1)
To enjoy the protection of law and to be treated in
accordance with law is the inalienable right of every citizen,
wherever he may be, and of every other person for the time being
within Pakistan.
(2)
In particular :-
(a)
no action detrimental to the life, liberty,
body, reputation or property of any person shall be taken
except in accordance with law;
(b)
no person shall be prevented from or be
hindered in doing that which is not prohibited by law; and
(c)
no person shall be compelled to do that which
the law does not require him to do.
5
Loyalty to State and obedience to Constitution and law.
(1)
Loyalty to the State is the basic duty of every citizen.
(2)
Obedience to the Constitution and law is the
10[inviolable]10 obligation of every citizen wherever he may be and
of every other person for the time being within Pakistan.
Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or
suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall
be guilty of high treason.
An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the 14[Federal Constitutional Court]14 Supreme Court and a High Court.
15[Majlis-e-Shoora (Parliament)]15 shall by law provide for the punishment of persons
found guilty of high treason.
Part II: Fundamental Rights and Principles of Policy
7
Definition of the State In this Part, unless the context otherwise requires,
"the State" means the Federal Government, 16[Majlis-e-Shoora (Parliament)]16, a Provincial Government, a Provincial Assembly, and
such local or other authorities in Pakistan as are by law empowered
to impose any tax or cess.
Chapter 1: Fundamental Rights
8
Laws inconsistent with or in derogation of fundamental rights to be void.
(1)
Any law, or any custom or usage having the force of
law, in so far as it is inconsistent with the rights conferred
by this Chapter, shall, to the extent of such inconsistency, be void.
(2)
The State shall not make any law which takes away or
abridges the rights so conferred and any law made
in contravention of this clause shall, to the extent of such
contravention, be void.
(3)
The provisions of this Article shall not apply to :-
(a)
any law relating to members of the Armed
Forces, or of the police or of such other forces as are
charged with the maintenance of public order, for the
purpose of ensuring the proper discharge of their duties or
the maintenance of discipline among them; or
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;
]17
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 19[Part II of the First Schedule]19 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 20[Majlis-e-Shoora (Parliament)]20 is the appropriate Legislature, such resolution
shall be a resolution of the National Assembly.
(5)
The rights conferred by this Chapter shall not be
suspended except as expressly provided by the Constitution.
9
Security of person. No person shall be deprived of life or liberty save in
accordance with law.
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
22[three months]22 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 23[three months]23, 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
24[Supreme Court of]24 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, 25[within fifteen days]25 from such detention, communicate to such person the
grounds on which the order has been made, and shall afford him
the earliest opportunity of making a representation against the
order:
Provided that the authority making any such
order may refuse to disclose facts which such authority
considers it to be against the public interest to disclose.
(6)
The authority making the order shall furnish to the
appropriate Review Board all documents relevant to the case
unless a certificate, signed by a Secretary to the Government
concerned, to the effect that it is not in the public interest
to furnish any documents, is produced.
(7)
Within a period of twenty-four months commencing on
the day of his first detention in pursuance of an order made
under a law providing for preventive detention, no person shall
be detained in pursuance of any such order for more than a total
period of eight months in the case of a person detained for
acting in a manner prejudicial to public order and twelve months
in any other case:
Provided that this clause shall not
apply to any person who is employed by, or works for, or acts
on instructions received from, the enemy 26[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]26.
(8)
The appropriate Review Board shall determine the place
of detention of the person detained and fix a reasonable
subsistence allowance for his family.
(9)
Nothing in this Article shall apply to any person who
for the time being is an enemy alien.
Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled
to a fair trial and due process.
Slavery is non-existent and forbidden and no law shall
permit or facilitate its introduction into Pakistan in any form.
(2)
All forms of forced labour and traffic in human beings
are prohibited.
(3)
No child below the age of fourteen years shall be
engaged in any factory or mine or any other hazardous employment.
(4)
Nothing in this Article shall be deemed to affect
compulsory service:-
(a)
by any person undergoing punishment for an
offence against any law; or
(b)
required by any law for public purpose provided
that no compulsory service shall be of a cruel nature or
incompatible with human dignity.
12
Protection against retrospective punishment
(1)
No law shall authorize the punishment of a person:-
(a)
for an act or omission that was not punishable
by law at the time of the act or omission; or
(b)
for an offence by a penalty greater than, or of
a kind different from, the penalty prescribed by law for
that offence at the time the offence was committed.
(2)
Nothing in clause (1) or in Article 270 shall apply to
any law making acts of abrogation or subversion of a Constitution in
force in Pakistan at any time since the twenty-third day of March,
one thousand nine hundred and fifty-six, an offence.
13
Protection against double punishment and self incrimination. No person:-
(a)
shall be prosecuted or punished for the same
offence more than once; or
(b)
shall, when accused of an offence, be compelled to
be a witness against himself.
14
Inviolability of dignity of man, etc.
(1)
The dignity of man and, subject to law, the privacy of
home, shall be inviolable.
(2)
No person shall be subjected to torture for the
purpose of extracting evidence.
15
Freedom of movement, etc. Every citizen shall have the right to remain in, and,
subject to any reasonable restriction imposed by law in the public
interest, enter and move freely throughout Pakistan and to reside
and settle in any part thereof.
16
Freedom of assembly. Every citizen shall have the right to assemble
peacefully and without arms, subject to any reasonable restrictions
imposed by law in the interest of public order.
Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in
the interest of sovereignty or integrity of Pakistan, public order or morality.
(2)
Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject
to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall
provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial
to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the
matter to the 36[Federal Constitutional Court of Pakistan]36 whose decision on such reference shall be final.
(3)
Every political party shall account for the source of its funds in accordance with law.
Freedom of trade, business or profession. Subject to such qualifications, if any, as may be
prescribed by law, every citizen shall have the right to enter upon
any lawful profession or occupation, and to conduct any lawful trade
or business:
Provided that nothing in this Article shall prevent:-
(a)
the regulation of any trade or profession by a
licensing system; or
(b)
the regulation of trade, commerce or industry in
the interest of free competition therein; or
(c)
the carrying on, by the Federal Government or a
Provincial Government, or by a corporation controlled by any
such Government, of any trade, business, industry or service,
to the exclusion, complete or partial, of other persons.
19
Freedom of speech, etc. Every citizen shall have the right to freedom of speech
and expression, and there shall be freedom of the press, subject to
any reasonable restrictions imposed by law in the interest of the
glory of Islam or the integrity, security or defence of Pakistan or
any part thereof, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court,
37[commission of]37 or incitement to an offence.
Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation
and reasonable restrictions imposed by law.
Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a)
every citizen shall have the right to profess,
practice and propagate his religion; and
(b)
every religious denomination and every sect thereof
shall have the right to establish, maintain and manage its religious
institutions.
21
Safeguard against taxation for purposes of any particular religion. No person shall be compelled to pay any special tax the
proceeds of which are to be spent on the propagation or maintenance
of any religion other than his own.
22
Safeguards as to educational institutions in respect of religion, etc.
(1)
No person attending any educational institution
shall be required to receive religious instruction, or take
part in any religious ceremony, or attend religious worship, if
such instruction, ceremony or worship relates to a religion
other than his own.
(2)
In respect of any religious institution, there
shall be no discrimination against any community in the granting
of exemption or concession in relation to taxation.
(3)
Subject to law:
(a)
no religious community or denomination
shall be prevented from providing religious instruction for
pupils of that community or denomination in any educational
institution maintained wholly by that community or
denomination; and
(b)
no citizen shall be denied admission to any
educational institution receiving aid from public revenues
on the ground only of race, religion, caste or place of birth.
(4)
Nothing in this Article shall prevent any public
authority from making provision for the advancement of any socially
or educationally backward class of citizens.
23
Provision as to property. Every citizen shall have the right to acquire, hold and
dispose of property in any part of Pakistan, subject to the
Constitution and any reasonable restrictions imposed by law in the
public interest.
24
Protection of property rights.
(1)
No person shall be compulsorily deprived of his
property save in accordance with law.
(2)
No property shall be compulsorily acquired or
taken possession of save for a public purpose, and save by the
authority of law which provides for compensation therefore and
either fixes the amount of compensation or specifies the
principles on and the manner in which compensation is to be
determined and given.
(3)
Nothing in this Article shall affect the validity
of :-
(a)
any law permitting the compulsory
acquisition or taking possession of any property for
preventing danger to life, property or public health; or
(b)
any law permitting the taking over of any
property which has been acquired by, or come into the
possession of, any person by any unfair means, or in any
manner, contrary to law; or
(c)
any law relating to the acquisition,
administration or disposal of any property which is or is
deemed to be enemy property or evacuee property under any
law (not being property which has ceased to be evacuee
property under any law); or
(d)
any law providing for the taking over of
the management of any property by the State for a limited
period, either in the public interest or in order to secure
the proper management of the property, or for the benefit of
its owner; or
(e)
any law providing for the acquisition of
any class of property for the purpose of
(i)
providing education and medical aid to
all or any specified class of citizens or
(ii)
providing housing and public
facilities and services such as roads, water supply,
sewerage, gas and electric power to all or any specified
class of citizens; or
(iii)
providing maintenance to those who, on
account of unemployment, sickness, infirmity or old age,
are unable to maintain themselves ; or
(f)
any existing law or any law made in
pursuance of Article 253.
(4)
The adequacy or otherwise of any compensation provided
for by any such law as is referred to in this Article, or determined
in pursuance thereof, shall not be called in question in any court.
25
Equality of citizens.
(1)
All citizens are equal before law and are entitled
to equal protection of law.
(2)
There shall be no discrimination on the basis of
sex 39[]39.
(3)
Nothing in this Article shall prevent the State from
making any special provision for the protection of women and
children.
Right to education: The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as
may be determined by law.
Non-discrimination in respect of access to public places.
(1)
In respect of access to places of public
entertainment or resort not intended for religious purposes
only, there shall be no discrimination against any citizen on
the ground only of race, religion, caste, sex, residence or
place of birth.
(2)
Nothing in clause (1) shall prevent the State from
making any special provision for women and children.
27.
Safeguard against discrimination in services.
(1)
No citizen otherwise qualified for appointment in the
service of Pakistan shall be discriminated against in respect of
any such appointment on the ground only of race, religion,
caste, sex, residence or place of birth:
Provided that, for a
period not exceeding 41[forty]41 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 sex43[:]43
44[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be
determined by an Act of Majlis-e-Shoora (Parliament).]44
(2)
Nothing in clause (1) shall prevent any Provincial
Government, or any local or other authority in a Province, from
prescribing, in relation to any post or class of service under
that Government or authority, conditions as to residence in the
Province. for a period not exceeding three years, prior to
appointment under that Government or authority.
28
Preservation of language, script and culture. Subject to Article 251 any section of citizens having a
distinct language, script or culture shall have the right to
preserve and promote the same and subject to law, establish
institutions for that purpose.
Chapter 2: Principles of Policy
29
Principles of Policy
(1)
The Principles set out in this Chapter shall be
known as the Principles of Policy, and it is the responsibility
of each organ and authority of the State, and of each person
performing functions on behalf of an organ or authority of the
State, to act in accordance with those Principles in so far as
they relate to the functions of the organ or authority.
(2)
In so far as the observance of any particular
Principle of Policy may be dependent upon resources being
available for the purpose, the Principle shall be regarded as
being subject to the availability of resources.
(3)
In respect of each year, the President in relation to
the affairs of the Federation, and the Governor of each Province in
relation to the affairs of his Province, shall cause to be prepared
and laid before the 45[each House of Majlis-e-Shoora (Parliament)]45 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 46[and the Senate]46or, as the case may be,
the Provincial Assembly, for discussion on such report.
30
Responsibility with respect to Principles of Policy.
(1)
The responsibility of deciding whether any action
of an organ or authority of the State, or of a person performing
functions on behalf of an organ or authority of the State, is in
accordance with the Principles of Policy is that of the organ or
authority of the State, or of the person, concerned.
(2)
The validity of an action or of a law shall not be
called in question on the ground that it is not in accordance with
the Principles of Policy, and no action shall lie against the State
or any organ or authority of the State or any person on such ground.
31
Islamic way of life.
(1)
Steps shall be taken to enable the Muslims of
Pakistan, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of
Islam and to provide facilities whereby they may be enabled to
understand the meaning of life according to the Holy Quran and Sunnah.
(2)
The state shall endeavour, as respects the Muslims of
Pakistan :-
(a)
to make the teaching of the Holy Quran and
Islamiat compulsory, to encourage and facilitate the
learning of Arabic language and to secure correct and exact
printing and publishing of the Holy Quran;
(b)
to promote unity and the observance of the
Islamic moral standards; and
(c)
to secure the proper organisation of zakat,
47[ushr, ]47auqaf and mosques.
32
Promotion of local Government institutions. The State shall encourage local Government institutions
composed of elected representatives of the areas concerned and in
such institutions special representation will be given to peasants,
workers and women.
33
Parochial and other similar prejudices to be discouraged. The State shall discourage parochial, racial, tribal,
sectarian and provincial prejudices among the citizens.
34
Full participation of women in national life. Steps shall be taken to ensure full participation of
women in all spheres of national life.
35
Protection of family, etc. The State shall protect the marriage, the family, the
mother and the child.
36
Protection of minorities. The State shall safeguard the legitimate rights and
interests of minorities, including their due representation in the
Federal and Provincial services.
37
Promotion of social justice and eradication of social evils. The State shall:
(a)
promote, with special care, the educational and
economic interests of backward classes or areas;
(b)
remove illiteracy and provide free and
compulsory secondary education within minimum possible period;
(c)
make technical and professional education
generally available and higher education equally accessible to
all on the basis of merit;
(d)
ensure inexpensive and expeditious justice;
(e)
make provision for securing just and humane
conditions of work, ensuring that children and women are not
employed in vocations unsuited to their age or sex, and for
maternity benefits for women in employment;
(f)
enable the people of different areas, through
education, training, agricultural and industrial development and
other methods, to participate fully in all forms of national
activities, including employment in the service of Pakistan;
(g)
prevent prostitution, gambling and taking of
injurious drugs, printing, publication, circulation and display
of obscene literature and advertisements;
(h)
prevent the consumption of alcoholic liquor
otherwise than for medicinal and, in the case of non-Muslims,
religious purposes; and
(i)
decentralise the Government administration so
as to facilitate expeditious disposal of its business to meet
the convenience and requirements of the public.
38
Promotion of social and economic well-being of the people. The State shall :
(a)
secure the well-being of the people,
irrespective of sex, caste, creed or race, by raising their
standard of living, by preventing the concentration of wealth
and means of production and distribution in the hands of a few
to the detriment of general interest and by ensuring equitable
adjustment of rights between employers and employees, and
landlords and tenants;
(b)
provide for all citizens, within the available
resources of the country, facilities for work and adequate
livelihood with reasonable rest and leisure;
(c)
provide for all persons employed in the service
of Pakistan or otherwise, social security by compulsory social
insurance or other means;
(d)
provide basic necessities of life, such as
food, clothing. housing, education and medical relief, for all
such citizens, irrespective of sex, caste, creed or race, as are
permanently or temporarily unable to earn their livelihood on
account of infirmity, sickness or unemployment;
(e)
reduce disparity in the income and earnings of
individuals, including persons in the various classes of the
service of Pakistan; 48[]48
the shares of the Provinces in all federal services, including autonomous bodies and corporations established by, or under
the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces
in the past shall be recitified.
Participation of people in Armed Forces. The State shall enable people from all parts of Pakistan
to participate in the Armed Forces of Pakistan.
40
Strengthening bonds with Muslim world and promoting international peace. The State shall endeavour to preserve and strengthen
fraternal relations among Muslim countries based on Islamic unity,
support the common interests of the peoples of Asia, Africa and
Latin America, promote international peace and security, foster
goodwill and friendly relations among all nations and encourage the
settlement of international disputes by peaceful means.
Part III: The Federation of Pakistan
Chapter 1: The President
41
The President.
(1)
There shall be a President of Pakistan who shall be
the Head of State and shall represent the unity of the Republic.
(2)
A person shall not be qualified for election as
President unless he is a Muslim of not less than forty-five
years of age and is qualified to be elected as member of the
National Assembly.
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.
Oath of President. Before entering upon office, the President shall make
before the Chief Justice of Pakistan oath in the form set out in the
Third Schedule.
43
Conditions of President's office.
(1)
The President shall not hold any office of profit
in the service of Pakistan or occupy any other position carrying
the right to remuneration for the rendering of services.
(2)
The President shall not be a candidate for election as
a member of 59[Majlis-e-Shoora (Parliament)]59 or a Provincial Assembly; and, if a member of
60[Majlis-e-Shoora (Parliament)]60 or a Provincial Assembly is elected as President, his
seat in 61[Majlis-e-Shoora (Parliament)]61 or, as the case may be, the Provincial Assembly shall
become vacant on the day he enters upon his office.
44
Term of office of President.
(1)
Subject to the Constitution, the President shall
hold office for a term of five years from the day he enters upon
his office:
Provided that the President shall,
notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
(2)
Subject to the Constitution, a person holding
office as President shall be eligible for re-election to that
office, but no person shall hold that office for more than two
consecutive terms.
(3)
The President may, by writing under his hand addressed
to the Speaker of the National Assembly, resign his office.
45
President's power to grant pardon, etc. The President shall have power to grant pardon, reprieve
and respite, and to remit, suspend or commute any sentence passed by
any court, tribunal or other authority.
President to be kept informed:
The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative
proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament).
Notwithstanding anything contained in the
Constitution, the President may, in accordance with the
provisions of this Article, be removed from office on the ground
of physical or mental incapacity or impeached on a charge of
violating the Constitution or gross misconduct.
(2)
Not less than one-half of the total membership of
either House may give to the Speaker of the National Assembly
or, as the case may be, the Chairman written notice of its
intention to move a resolution for the removal of, or, as the
case may be, to impeach, the President; and such notice shall
set out the particulars of his incapacity or of the charge
against him.
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
66[Majlis-e-Shoora (Parliament)]66 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.
In the exercise of his functions, the President
shall act 68[on and]68 in accordance with the advice of the Cabinet 69[or the Prime Minister]69:
70[Provided that 71[after fifteen days]71 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 72[, within ten days, ]72 act in accordance with the advice
tendered after such reconsideration.]70
(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 73[and the validity of anything done by the
President in his discretion shall not be called in question on
any ground whatsoever]73.
The question whether any, and if so what, advice was
tendered to the President by the Cabinet, or the Prime Minister, shall
not be inquired into in, or by, any court, tribunal or other
authority.
If at any time the Prime Minister considers it
necessary to hold a referendum on any matter of national
importance, he may refer the matter to a joint sitting of the
Majlis-e-Shoora (Parliament) and if it is approved in a joint
sitting, the Prime Minister may cause such matter to be referred to
a referendum in the form of a question that is capable of being
answered by either "Yes" or "No".
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.
Chairman or Speaker to act as, or perform functions of, President.
(1)
If the office of President becomes vacant by
reason of death, resignation or removal of the President the
Chairman or, if he is unable to perform the functions of the
office of President, the Speaker of the National Assembly shall
act as President until a President is elected in accordance with
clause (3) of Article 41.
(2)
When the President, by reason of absence from Pakistan
or any other cause, is unable to perform his functions, the Chairman
or, if he too is absent or unable to perform the functions of the
office of President, the Speaker of the National Assembly shall
perform the functions of President until the President returns to
Pakistan or, as the case may be, resumes his functions.
Chapter 2: Majlis-e-Shoora (Parliament)
Composition, Duration and Meetings of 80[Majlis-e-Shoora (Parliament)]80
Majlis-e-Shoora (Parliament) 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.
The seats in
the National Assembly referred to in clause (1),
except as provided in clause (4), shall be allocated to
each Province and the Federal Capital as under-
Notwithstanding anything contained in clause (l) or any other
law for the time being in force, the members of the National
Assembly from the Federally Administered Tribal Areas to
be elected in the general elections, 2018 shall continue till
dissolution of the National Assembly and thereafter this
clause shall stand omitted.
88[]8889[The]89 seats in
the National Assembly shall be allocated to each province and the
Federal Capital on the basis of population in accordance with the last
preceding census officially published:
Provided that for purposes of the next general elections to be held in 2018 and bye-elections related thereto, the allocation shall
be made on the basis of provisional results of the 2017 census which shall be published by the Federal Government.
For the purpose of
election to the National Assembly,-
(a)
the constituencies for the
general seats shall be single member
territorial constituencies and the members to
fill such seats shall be elected by direct and
free vote in accordance with
law;
(b)
each Province shall be a
single constituency for
all seats reserved for women which are allocated to the respective Provinces under clause (3);
(c)
the constituency for all seats reserved for non-Muslims
shall be the whole country;
(d)
members to the seats reserved for women which are
allocated to a Province under clause (3) shall be elected in
accordance with law through proportional representation system
of political parties' lists of candidates on the basis of
total number of general seats secured by each political party
from the Province concerned in the National Assembly:
Provided that for the purpose of this sub-clause the total number of general
seats won by a political party shall include the independent returned
candidate or candidates who may duly join such political party within
three days of the publication in the official Gazette of the names of
the returned candidates;
(e)
members to the seats reserved for non-Muslims shall be
elected in accordance with law through proportional
representation system of political parties' lists of candidates
on the basis of total number of general seats won by each
political party in the National Assembly:
Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent
returned candidate or candidates who may duly join such political party within three days of the publication in the official
Gazette of the names of the returned candidates.
Duration of National Assembly. The National Assembly shall, unless sooner dissolved,
continue for a term of five years from the day of its first meeting
and shall stand dissolved at the expiration of its term.
53
Speaker and Deputy Speaker of National Assembly.
(1)
After a general election, the National Assembly
shall, at its first meeting and to the exclusion of any other
business, elect from amongst its members a Speaker and a Deputy
Speaker and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall elect another member as
Speaker or, as the case may be, Deputy Speaker.
(2)
Before entering upon office, a member elected as
Speaker or Deputy Speaker shall make before the National
Assembly oath in the form set out in the Third Schedule.
(3)
When the office of Speaker is vacant, or the
Speaker is absent or is unable to perform his functions due to
any cause, the Deputy Speaker shall act as Speaker, and if, at
that time, the Deputy Speaker is also absent or is unable to act
as Speaker due to any cause, such member as may be determined by
the rules of procedure of the Assembly shall preside at the
meeting of the Assembly.
(4)
The Speaker or the Deputy Speaker shall not
preside at a meeting of the Assembly when a resolution for his
removal from office is being considered.
(5)
The Speaker may, by writing under his hand
addressed to the President, resign his office.
(6)
The Deputy Speaker may, by writing under his hand
addressed to the Speaker, resign his office.
(7)
The office of
Speaker or Deputy Speaker shall become vacant if:
(a)
he resigns his office;
(b)
he ceases to be a member of the Assembly;
(c)
he is removed from office by a resolution
of the Assembly, of which not less than seven days' notice
has been given and which is passed by the votes of the
majority of the total membership of the Assembly.
(8)
When the National Assembly is dissolved the Speaker
shall continue in his office till the person elected to fill the
office by the next Assembly enters upon his office.
54
Summoning and prorogation of Majlis-e-Shoora (Parliament).
(1)
The President may, from time to time, summon
either House or both Houses of 106[Majlis-e-Shoora (Parliament)]106 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 107[three]107 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
108[thirty]108 working days in each year.
110[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.]110
(3)
On a requisition signed by not less than one-fourth of
the total membership of the National Assembly, the Speaker shall
summon the National Assembly to meet, at such time and place as he
thinks fit, within fourteen days of the receipt of the requisition;
and when the Speaker has summoned the Assembly only he may prorogue
it.
55
Voting in Assembly and quorum.
(1)
Subject to the Constitution, all decisions Voting
in of the National Assembly shall be taken by majority Assembly
a of the members present and voting, but the person quorum.
presiding shall not vote except in the case of equality of votes.
(2)
If at any time during a sitting of the National
Assembly the attention of the person presiding is drawn to the fact
that less than one-fourth of the total membership of the Assembly is
present, he shall either adjourn the Assembly or suspend the meeting
until at least one-fourth of such membership is present.
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.
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.
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.
Right to speak in Majlis-e-Shoora (Parliament). The Prime Minister, a Federal Minister, a Minister of
State and the Attorney General shall have the right to speak and
otherwise take part in the proceedings of either House, or a joint
sitting or any committee thereof, of which he may be named a member,
but shall not by virtue of this Article be entitled to vote.
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 note of no-confidence has been given in the National Assembly but has not been voted upon or
against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution
of the National Assembly.
(2)
Notwithstanding anything contained in clause (2) of Article 48, the President may dissolve the National Assembly in his discretion
where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands
the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution,
as ascertained in a session of the National Assembly summoned for the purpose.
two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner
as the President may, by Order, prescribe;
(d)
four women shall be elected by the members of each Provincial Assembly;
(e)
four technocrats including ulema shall be elected by the members of each Provincial Assembly; and
(f)
four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:
Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth
Amendment) Act, 2010.
(2)
Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional
representation by means of 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;
of the members referred to in paragraph (c) of the aforesaid clause,-
(i)
one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after
the expiration of the next three years; and
(ii)
one elected on the seat reserved for technocrat shall retire after the first three years and the one elected on the seat reserved
for women shall retire after the expiration of the next three years;
(d)
of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three
years and two shall retire after the expiration of the next three years;
(e)
of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three
years and two shall retire after the expiration of the next three years; and
(f)
of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of the first three
years and two shall retire after the expiration of the next three years:
Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire
after the first three years.
127[Explanation.- The term of a member, notwithstanding the
date of his election, shall expire on the eleventh day of March of
the year of the completion of term for which he is elected.]127
Notwithstanding the omission of paragraph (b) of clause (1)
and the omission of paragraph (b) of clause (3), the existing
members of the Senate from the Federally Administered
Tribal Areas shall continue till expiry of their respective
terms of office and on the expiry of the aforesaid terms this
clause shall stand omitted.
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 144[three]144 years from the day on which he enters upon
his office.
61
Other provisions relating to Senate. The provisions of clauses (2) to (7) of Article 53,
clauses (2) and (3) of Article 54 and Article 55 shall apply to the
Senate as they apply to the National Assembly and, in their
application to the Senate, shall have effect as if references
therein to the National Assembly, Speaker and Deputy Speaker were
references, respectively, to the Senate, Chairman and Deputy
Chairman 145[and as if, in the proviso to the said clause (2) of
Article 54, for the words "146[one hundred and thirty]146" the word
"148[one hundred and ten]148" were substituted]145.
Qualifications for membership of Majlis-e-Shoora (Parliament):
(1)
A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
(a)
he is a citizen of Pakistan;
(b)
he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral
roll in-
(i)
any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii)
any area in a Province from which she seeks membership for election to a seat reserved for women.
(c)
he is, in the case of Senate, not less than
thirty years of age and is enrolled as a voter in any area in a
Province or, as the case may be, the Federal Capital 151[]151, 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, honest and ameen,
there being no declaration to the contrary by a court of law;
(g)
he has not, after the establishment of
Pakistan, worked against the integrity of the country or opposed
the ideology of Pakistan.
(2)
The disqualifications specified in
paragraphs (d) and (e) shall not apply to a person who is a
non-Muslim, but such a person shall have good moral reputation.
Disqualifications for membership of Majlis-e-Shoora (Parliament):
(1)
A person shall be disqualified from being elected
or chosen as, and from being, a member of the Majlis-e-Shoora
(Parliament), if:-
(a)
he is of unsound mind and has been so
declared by a competent court; or
(b)
he is an undischarged insolvent; or
(c)
he ceases to be a citizen of Pakistan, or
acquires the citizenship of a foreign State; or
(d)
he holds an office of profit in the service
of Pakistan other than an office declared by law not to
disqualify its holder; or
(e)
he is in the service of any statutory body
or any body which is owned or controlled by the Government
or in which the Government has a controlling share or
interest; or
(f)
being a citizen of Pakistan by virtue of
section 14B of the Pakistan Citizenship Act, 1951 (II of
1951), he is for the time being disqualified under any law
in force in Azad Jammu and Kashmir from being elected as a
member of the Legislative Assembly of Azad Jammu and
Kashmir; or
(g)
he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in
any manner, prejudicial to the ideology of Pakistan, or the
sovereignty, integrity or security of Pakistan, or 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, unless a period of five years has elapsed since his release; or
(h)
he has been, on conviction for any offence involving moral turpitude, senteced to imprisonment for a term of not less than
two years, unless a period of five years has elapsed since his release; or
(i)
he has been dismissed from the service of Pakistan or service of a
corporation or office set up or, controlled, by the Federal Government,
Provincial Government or a Local Government on the grounds of
misconduct, unless a period of five years has elapsed since his dismissal; or
(j)
he has been removed or compulsorily retired from the service of
Pakistan or service of a corporation or office set up or controlled by
the Federal Government, Provincial Government or a Local Government on
the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or
(k)
he has been in the service of Pakistan or
of any statutory body or any body which is owned or
controlled by the Government or in which the Government has
a controlling share or interest, unless a period of two
years has elapsed since he ceased to be in such service; or
(l)
he, whether by himself or by any person or
body of persons in trust for him or for his benefit or on
his account or as a member of a Hindu undivided family, has
any share or interest in a contract, not being a contract
between a cooperative society and Government, for the supply
of goods to, or for the execution of any contract or for the
performance of any service undertaken by, Government:
Provided that the disqualification under this
paragraph shall not apply to a person-
(i)
where the share or interest in the
contract devolves on him by inheritance or succession or
as a legatee, executor or administrator, until the
expiration of six months after it has so devolved on him;
(ii)
where the contract has been entered
into by or on behalf of a public company as defined in
the Companies Ordinance, 1984 (XLVII of 1984), of which
he is a 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.
(m)
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
(n)
he has obtained a loan for an amount of two million rupees or
more, from any bank, financial institution, cooperative society or
cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from
the due date, or has got such loan written off; or
(o)
he or his spouse or any of his dependents has defaulted in payment
of government dues and utility expenses, including telephone,
electricity, gas and water charges in excess of ten thousand rupees,
for over six months, at the time of filing his nomination papers; or
(p)
he is for the time being disqualified from
being elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly under any law for
the time being in force.
Explanation: For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.
(2)
If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the
Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question
to the Election Commission within thirty days and should he fail to do so within the aforesaid period it shall be deemed to
have been referred to the Election Comission.
(3)
The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and
if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.
If a member
of a Parliamentary Party composed of a single political party in a
House-
(a)
resigns from membership of his political party or joins another
Parliamentary Party; or
(b)
votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he belongs, in
relations to-
(i)
election of the Prime Minister or the Chief Minister; or
(ii)
a vote of confidence or a vote of no-confidence; or
(iii)
a Money Bill or a Constitution (Amendment) Bill;
he may be declared in writing by the Party Head to have defected from
the political party, and the Party Head may forward a copy of the
declaration to the Presiding Officer and the Chief Election
Commissioner and shall similarly forward a copy thereof to the member
concerned:
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to
show cause as to why such declaration may not be made against him.
Explanation: "Party Head" means any person, by whatever name called, declared as such by the Party.
(2)
A member of a House shall be deemed to be a member of a
Parliamentary Party if he having been elected as a
candidate or nominee of a political party which constitutes
the Parliamentary Party in the House or, having been
elected otherwise than as a candidate or nominee of a
political party, has become a member of such Parliamentary
Party after such election by means of a declaration in
writing.
(3)
Upon receipt of the declaration under clause (1), the Presiding
Officer of the House shall within two days refer the
declaration to the Chief Election Commissioner who shall
lay the declaration before the Election Commission for its
decision thereon confirming the declaration or otherwise
within thirty days of its receipt by the Chief Election
Commissioner.
(4)
Where the Election Commission confirms the declaration, the member
referred to in clause (1) shall cease to be a member of the
House and his seat shall become vacant.
(5)
Any party aggrieved by the decision of the Election Commission may
within thirty days, refer an appeal to the 162[Federal Constitutional]162 Court
which shall decide the matter within ninety days from the
date of the filing of the appeal.
(6)
Nothing contained in this Article shall apply to the Chairman or
Speaker of a House.
(7)
For the purpose of this Article -
(a)
"House" means the National Assembly or the Senate in relation to
the Federation and a Provincial Assembly in relation to the Province,
as the case may be.
(b)
"Presiding Officer" means the Speaker of the National Assembly,
the Chairman of the Senate or the Speaker of the Provincial Assembly,
as the case may be.
(8)
Article 63A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement
of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.
A Member of 165[Majlis-e-Shoora (Parliament)]165 may,
by writing under his hand addressed to the Speaker or, as the
case may be, the Chairman resign his seat, and thereupon his
seat shall become vacant.
(2)
A House may declare the seat of a member vacant if,
without leave of the House, he remains absent for forty consecutive
days of its sittings.
65
Oath of members. A person elected to a House shall not sit or vote until
he has made before the House oath in the form set out in the Third
Schedule.
66
Privileges of members, etc.
(1)
Subject to the Constitution and to the rules of
procedure of 166[Majlis-e-Shoora (Parliament)]166, there shall be freedom of speech in 167[Majlis-e-Shoora (Parliament)]167 and no member shall be liable to any proceedings in
any court in respect of anything said or any vote given by him
in 168[Majlis-e-Shoora (Parliament)]168, and no person shall be so liable in respect of the
publication by or under the authority of 169[Majlis-e-Shoora (Parliament)]169 of any report, paper, votes or proceedings.
(2)
In other respects, the powers, immunities and
privileges of 170[Majlis-e-Shoora, (Parliament)]170, and the
immunities and privileges of the members of 171[Majlis-e-Shoora (Parliament)]171, 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, 172[Majlis-e-Shoora (Parliament)]172 as they apply to members.
(5)
In this Article,
173[Majlis-e-Shoora (Parliament)]173 means either House or a joint sitting, or a committee
thereof.
Procedure Generally
67
Rules of Procedure, etc.
(1)
Subject to the Constitution, a House may make 174 rules for regulating its procedure and the conduct of its
business, and shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the
House shall not be invalid on the ground that some persons who
were not entitled to do so sat, voted or otherwise took part in
the proceedings.
(2)
Until rules are made under clause (1), the procedure
and conduct of business in a House shall be regulated by the rules
of procedure made by the President.
68
Restriction on discussion in Majlis-e-Shoora (Parliament). No discussion shall take place in 175[Majlis-e-Shoora (Parliament)]175 with respect to the conduct of any Judge of 176[the Federal Constitutional Court,]176 the Supreme
Court or of a High Court in the discharge of his duties.
69
Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament).
(1)
The validity of any proceedings in 177[Majlis-e-Shoora (Parliament)]177 shall not be called in question on the ground of any
irregularity of procedure.
(2)
No officer or member of 178[Majlis-e-Shoora (Parliament)]178 in whom powers are vested by or under the Constitution
for regulating procedure or the conduct of business, or for
maintaining order in 179[Majlis-e-Shoora (Parliament)]179, shall be subject to the jurisdiction of any court in
respect of the exercise by him of those powers.
(3)
In this Article,
180[Majlis-e-Shoora (Parliament)]180 has the same meaning as in Article 66.
A Bill with respect to any matter in the Federal
Legislative List may
originate in either House and shall, if it is passed by the
House in which it originated, be transmitted to the other House;
and, if the Bill is passed without amendment, by the other House
also, it shall he presented to the President for assent.
(2)
If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the Hosue in which it
originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.
(3)
If a Bill transmitted to a House under clause (1)
is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with
amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated,
shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the
joint sitting it shall be presented to the President for assent.
(4)
In this Article and the succeeding provisions of the
Constitution, "Federal Legislative List" means the Federal Legislative List and the
in the Fourth Schedule.
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.
Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly:
Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in
the National Assembly, a copy thereof shall be transmitted to the Sentate which may, within fourteen days, make recommendations
thereon to the National Assembly.
(1A)
The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly
with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.
For the purpose of this Chapter, a Bill or
amendment shall be deemed to be a Money Bill if it contains
provisions dealing with all or any of the following matters,
namely:-
(a)
the imposition, abolition, remission,
alteration or regulation of any tax;
(b)
the borrowing of money, or the giving of
any guarantee, by the Federal government, or the amendment
of the law relating to the financial obligations of that Government;
(c)
the custody of the Federal Consolidated
Fund, the payment of moneys into, or the issue of moneys
from, that Fund;
(d)
the imposition of a charge upon the Federal
Consolidated Fund, or the abolition or alteration of any
such charge;
(e)
the receipt of moneys on account of the
Public Account of the Federation, the custody or issue of
such moneys;
(f)
the audit of the accounts of the Federal
Government or a Provincial Government; and
(g)
any matter incidental to any of the matters
specified in the preceding paragraphs.
(3)
A Bill shall not be deemed to be a Money Bill by
reason only that it provides:-
(a)
for the imposition or alteration of any
fine or other pecuniary penalty, or for the demand or
payment of a licence fee or a fee or charge for any service
rendered; or
(b)
for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority
or body for local purposes.
(4)
If any question arises whether a Bill is a Money
Bill or not, the decision of the Speaker of the National
Assembly thereon shall be final.
(5)
Every Money Bill presented to the President for assent
shall bear a certificate under the hand of the Speaker of the
National Assembly that it is a Money Bill, and such certificate
shall be conclusive for all purposes and shall not be called in
question.
74
Federal Government's consent required for financial measures. A Money Bill or a Bill or amendment which if enacted and
brought into operation would involve expenditure from the Federal
Consolidated Fund or withdrawal from the Public Account of the
Federation or affect the coinage or currency of Pakistan or the
constitution or functions of the State Bank of Pakistan shall not be
introduced or moved in 190[Majlis-e-Shoora (Parliament)]190 except by or with the consent of the Federal
Government.
When a Bill is presented to the
President for assent, the President shall, within 192[ten]192 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.
When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora
(Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament),
by the votes of the majority of the members of both Houses present and voting; it shall be deemed for the purposes of the
Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his
assent within ten days, failing which such assent shall be deemed to have been given.
When the President has assented 198[or is deemed to have assented]198 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.
A Bill pending in either House shall not lapse by
reason of the prorogation of the House.
(2)
A Bill pending in the Senate which has not been
passed by the National Assembly shall not lapse on the
dissolution of the National Assembly.
(3)
A Bill pending in the National Assembly, or a Bill
which having been passed by the National Assembly is pending in the
Senate, shall lapse on the dissolution of the National Assembly.
77
Tax to be levied by law only. No tax shall be levied for the purposes of the
Federation except by or under the authority of Act of 199[Majlis-e-Shoora (Parliament)]199
78
Federal Consolidated Fund and Public Account.
(1)
All revenues received by the Federal Government,
all loans raised by that Government and all moneys received by
it in repayment of any loan, shall form part of a consolidated
fund, to be known as the Federal Consolidated Fund.
(2)
All other moneys-
(a)
received by or on behalf of the Federal
Government; or
(b)
received by or deposited with 200[the Federal Constitutional Court,]200 the Supreme Court
or any other court established under the authority of the Federation;
shall be credited to the Public Account of the
Federation.
79
Custody, etc., of Federal Consolidated Fund and Public Account. The custody of the Federal Consolidated Fund, the
payment Or moneys into that Fund, the withdrawal of moneys
therefrom, the custody of other moneys received by or on behalf of
the Federal Government, their payment into, and withdrawal from, the
Public Account of the Federation, and all matters connected with or
ancillary to the matters aforesaid shall be regulated by Act of
201[Majlis-e-Shoora (Parliament)]201 or, until provision in that behalf is so made, by rules
made by the President.
80
Annual Budget Statement.
(1)
The Federal Government shall, in respect of every
financial year, cause to be laid before the National Assembly a
statement of the estimated receipts and expenditure of the
Federal Government for that year, in this Part referred to as
the Annual Budget Statement.
(2)
The Annual Budget Statement shall show separately-
(a)
the sums required to meet expenditure described by
the Constitution as expenditure charged upon the Federal
Consolidated Fund; and
(b)
the sums required to meet other expenditure proposed to
be made from the Federal Consolidated Fund; and shall distinguish
expenditure on revenue account from other expenditure.
81
Expenditure charged upon Federal Consolidated Fund. The following expenditure shall be expenditure charged
upon the Federal Consolidated Fund:-
(a)
the remuneration payable to the President and
other expenditure relating to his office, and the remuneration
payable to-
(i)
the Judges of 202[the Federal Constitutional Court,]202the Supreme Court 203[and the Islamabad High Court]203;
(ii)
the Chief Election Commissioner;
(iii)
the Chairman and the Deputy Chairman;
(iv)
the Speaker and the Deputy Speaker of the
National Assembly;
the administrative expenses, including the remuneration payable to officers and 205[staff]205 of the 206[207[the Federal Constitutional Court,]207Supreme Court, the Judicial Commission of Pakistan, the Supreme Judicial Council]206, the Islamabad High Court, the department of the Auditor-General, the Office of the Chief Election Commissioner and of the
Election Commission and the Secretariats of the Senate and the National Assembly;
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 tribunals;
208[]208
any other sums declared by the Constitution or
by Act of 210[Majlis-e-Shoora (Parliament)]210 to be so charged.
82
Procedure relating to Annual Budget Statement.
(1)
So much of the Annual Budget Statement as relates
to expenditure charged upon the Federal Consolidated Fund may be
discussed in, but shall not be submitted to the vote of, the
National Assembly.
(2)
So much of the Annual Budget Statement as relates
to other expenditure shall be submitted to the National Assembly
in the form of demands for grants, and the Assembly shall have
power to assent to, or to refuse to assent to, any demand, or to
assent to any demand subject to a reduction of the amount
specified therein;
Provided that, for a period of ten
years from the commencing day or the holding of the second
general election to the National Assembly, whichever occurs
later, a demand shall be deemed to have been assented to
without any reduction of the amount specified therein, unless,
by the votes of a majority of the total membership of the
Assembly, it is refused or assented to subject to a reduction
of the amount specified therein.
(3)
No demand for a grant shall be made except on the
recommendation of the Federal Government.
83
Authentication of schedule of authorised expenditure.
(1)
The Prime Minister shall authenticate by his
signature a schedule specifying-
(a)
the grants made or deemed to have been made
by the National Assembly under Article 82, and
(b)
the several sums required to meet the
expenditure charged upon the Federal Consolidated Fund but
not exceeding, in the case of any sum, the sum shown in the
statement previously laid before the National Assembly.
(2)
The schedule so authenticated shall be laid before
the National Assembly, but shall not be open to discussion or
vote thereon.
(3)
Subject to the Constitution, no expenditure from the
Federal Consolidated Fund shall be deemed to be duly authorised
unless it is specified in the schedule so authenticated and such
schedule is laid before the National Assembly as required by clause
(2).
84
Supplementary and excess grants. If in respect of any financial year it is found-
(a)
that the amount authorized to be expended for a
particular service for the current financial year is
insufficient, or that a need has arisen for expenditure upon
some new service not included in the Annual Budget Statement for
that year; or
(b)
that any money has been spent on any service
during a financial year in excess of the amount granted for that
service for that year;
the Federal Government shall have power to authorize
expenditure from the Federal Consolidated Fund, whether the
expenditure is charged by the Constitution upon that Fund or not,
and shall cause to be laid before the National Assembly a
Supplementary Budget Statement or, as the case may be, an Excess
Budget Statement, setting out the amount of that expenditure, and
the provisions of Articles 80 to 83 shall apply to those statements
as they apply to the Annual Budget Statement.
85
Votes on account. Notwithstanding anything contained in the foregoing
provisions relating to financial matters, the National Assembly
shall have power to make any grant in advance in respect of the
estimated expenditure for a part of any financial year, not
exceeding four months, pending completion of the procedure
prescribed in Article 82 for the voting of such grant and the
authentication of the schedule of authorized expenditure in
accordance with the provisions of Article 83 in relation to the
expenditure.
86
Power to authorise expenditure when Assembly stands dissolved. Notwithstanding anything contained in the foregoing
provisions relating to financial matters, at any time when the
National Assembly stands dissolved, the Federal Government may
authorize expenditure from the Federal Consolidated Fund in respect
of the estimated expenditure for a period not exceeding four months
in any financial year, pending completion of the procedure
prescribed in Article 82 for the voting of grants and the
authentication of the schedule of authorized expenditure in
accordance with the provisions of Article 83 in relation to the
expenditure.
87
Secretariats of Majlis-e-Shoora (Parliament).
(1)
Each House shall have a separate Secretariat
Provided that nothing in this clause shall be
construed as preventing the creation of posts common to both Houses.
(2)
211[Majlis-e-Shoora (Parliament)]211 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 212[Majlis-e-Shoora (Parliament)]212 under clause (2), the Speaker or, as the case may be,
the Chairman may, with the approval of the President, make 213 rules
regulating the recruitment and the conditions of service, of persons
appointed to the secretarial staff of the National Assembly or the
Senate.
88
Finance Committees.
(1)
The expenditure of the National Assembly and the
Senate within authorised appropriations shall be controlled by
the National Assembly or, as the case may be, the Senate acting
on the advice of its Finance Committee.
(2)
The Finance Committee shall consist of the Speaker or,
as the case may be, the Chairman, the Minister of Finance and such
other members as may be elected thereto by the National Assembly or,
as the case may be, the Senate.
(3)
The Finance Committee may make
214 rules for regulating its procedure.Ordinances.
Ordinances
89
Power of President to promulgate Ordinances.
(1)
The President may, except when the 215[Senate or]215 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 216[Majlis-e-Shoora (Parliament)]216 and shall be subject to like restrictions as the
power of 217[Majlis-e-Shoora (Parliament)]217 to make law, but
every such Ordinance-
(a)
shall be laid-
(i)
before the National Assembly if it
218[contains provisions dealing with all or any of the
matters specified in clause (2) of Article 73]218, and
shall stand repealed at the expiration of 219[one hundred and twenty days]219
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 resolution220[:]220
221[Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and
it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution
disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once.]221
(ii)
before both Houses if it 222[does
not contain provisions dealing with any of the matters
referred to in sub-paragraph (i)]222, and shall stand
repealed at the expiration of 223[one hundred and twenty days]223 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 resolution224[:]224
225[Provided that either House may by a
resolution extend it for a further period of one hundred and twenty
days and it shall stand repealed at the expiration of the extended
period, or if before the expiration of that period a resolution
disapproving it is passed by a House, upon the passing of that
resolution:
Provided further that extension
for a further period may be made only once.]225
Without prejudice to the provisions of clause (2),-
(a)
an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be
a Bill introduced in the National Assembly; and
(b)
an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill
introduced in the House where it was first laid."
Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by
the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister,
who shall be the chief executive of the Federation.
(2)
In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal
Ministers."
There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise
of his functions.
(2)
The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is
held, unless sooner summoned by the President.
(3)
After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business,
proceed to elect without debate one of its Muslim members to be the Prime Minister.
(4)
The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the
two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further
poll shall be held between them until one of them secures a majority of votes of the members present and voting.
(5)
The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall,
before entering upon the office, make before the President oath in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.
(6)
The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.
(7)
The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers
under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members
of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote
of confidence from the Assembly.
(8)
The Prime Minister may, by writing under his hand addressed to the President, resign his office.
(9)
A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration
of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister
unless he is elected a member of that Assembly:
Provided that nothing in this clause shall apply to a Minister who is a member of the Senate.
(10)
Nothing in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State
for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment
of any person as Prime Minister or other Minister or a Minister of State during any such period.
Subject to clauses 235[(9) and (10)]235 of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora
(Parliament) on the advice of the Prime Minister:
Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth
of the number of Federal Ministers236[:]236
237[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total
membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution
(Eighteenth Amendment) Act, 2010.
]237
(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
Advisers.
(1)
The President may, on the advice of the Prime Minister, appoint not more than 238[seven]238Advisers, on such terms and conditions as he may determine.
(2)
The provisions of Article 57 shall also apply to an Adviser.
94
Prime Minister continuing in office. The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.
95
Vote of no-confidence against Prime Minister.
(1)
A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National
Assembly may be passed against the Prime Minister by the National Assembly.
(2)
A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days,
from the day on which such resolution is moved in the National Assembly.
(3)
A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering
demands for grants submitted to it in the Annual Budget Statement.
(4)
If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the
Prime Minister shall cease to hold office.
Extent of executive authority of Federation. Subject to the Constitution, the executive authority of the Federation shall extend to the matters with respect to which 241[Majlis-e-Shoora (Parliament)]241 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 242[Majlis-e-Shoora (Parliament)]242, extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws.
98
Conferring of functions on subordinate authorities. On the recommendation of the Federal Government, 243[Majlis-e-Shoora (Parliament)]243 may by law confer functions upon officers or authorities subordinate to the Federal Government.
All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
(2)
The 245[Federal Government]245 shall by rules specify the manner in which orders and other instruments made and executed 246[in the name of the President]246 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.
The President shall appoint a person, being a person qualified to be appointed a Judge of the 248[Federal Constitutional]248Court, to be the Attorney-General for Pakistan.
(2)
The Attorney-General shall hold office during the pleasure of the President 249[and shall not engage in private practice so long as he holds the office of the Attorney-General]249.
(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.
A person shall not be appointed a Governor unless
he is qualified to be elected as member of the National Assembly
and is not less that thirty-five years of age 255[and is a registered voter and resident of the Province concerned]255256[:]256257[]257
The Governor shall hold office during the pleasure
of the President 262[and shall be entitled to such salary,
allowances and privileges as the President may determine]262.
(4)
The Governor may, by writing under his hand
addressed to the President, resign his office.
The President may make such provision as he
things fit for the discharge of the functions of a Governor 264[in any contingency not provided for in this Part.]264
Oath of office. Before entering upon office, the Governor shall make
before the Chief Justice of the High Court oath in the form set out
in the Third Schedule.
103
Conditions of Governor's office.
(1)
The Governor shall not hold any office of profit
in the service of Pakistan of occupy any other position carrying
the right to remuneration for the rendering of services.
(2)
The Governor shall not be a candidate for election as a
member of 265[Majlis-e-Shoora (Parliament)]265 or a Provincial Assembly and, if a member of 266[Majlis-e-Shoora (Parliament)]266 or a Provincial Assembly is
appointed as Governor, his seat in 267[Majlis-e-Shoora (Parliament)]267 or, as the case may be, the
Provincial Assembly shall become vacant on the day he enters upon
his office.
Speaker Provincial Assembly to act as, or perform functions of Governor in his absence:
When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker
of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of
Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.
Subject to the Constitution, in the performance of
his functions, the Governor shall act 270[on and]270 in accordance with the
advice of the Cabinet, 271[or the Chief Minister]271.
272[Provided that 273[within fifteen days]273 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 274[, within ten days,]274 act in accordance with the advice
tendered after such reconsideration.]272
The question whether any, and if so what, advice
was tendered to the Governor by the Chief Minister
276[or the Cabinet]276 shall not be inquired into in,
or by, any court, tribunal or other authority.
The provisions of clause 280[(2)]280 of Article 48
shall have effect in relation to a Governor as if reference therein
to "President" were reference to "Governor".
The seats for the Province of Khyber Pakhtunkhwa, referred
to in clause (1), include sixteen general seats, four seats for
women and one seat for non-Muslims in respect of the
Federally Administered Tribal Areas:
Provided that elections to the aforesaid seats shall be
held within one year after the general elections, 2018.
(1B)
After elections to seats referred to in clause (1A), both clause
(1A) and this clause shall stand omitted.
he is not declared by a competent court to be of unsound mind.
(3)
For the purpose of
election to the Provincial Assembly,-
(a)
the constituencies for the
general seats shall be single member
territorial constituencies and the members to
fill such seats shall be elected by direct and
free vote;
(b)
each Province shall be a
single constituency for
all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (3);
(c)
the members to fill seats reserved for women and non-Muslims
allocated to a Province under clause (1) shall be elected in
accordance with law through proportional representation system
of political parties' lists of candidates on the basis of
total number of general seats secured by each political party
in the Provincial Assembly:
Provided that for the purpose of this sub-clause the total number of general
seats won by a political party shall include the independent returned
candidate or candidates who may duly join such political party within
three days of the publication in the official Gazette of the names of
the returned candidates.
Duration of Provincial Assembly. A Provincial Assembly shall, unless sooner dissolved,
continue for a term of five years from the day of its first meeting
and shall stand dissolved at the expiration of its term.
108
Speaker and Deputy Speaker. After a general election, a Provincial Assembly shall,
at its first meeting and to the exclusion of any other business,
elect from amongst its members a Speaker and a Deputy Speaker and,
so often as the office of Speaker or Deputy Speaker becomes vacant,
the Assembly shall elect another member as Speaker or, as the case
may be, Deputy Speaker.
109
Summoning and prorogation of Provincial Assembly. The Governor may from time to time-
(a)
summon the Provincial Assembly to meet at such
time and place as he thinks fit; and
(b)
prorogue the Provincial Assembly.
110
Right of Governor to address Provincial Assembly. The Governor may address the Provincial Assembly and may
for that purpose require the attendance of the members.
111
Right to speak in Provincial Assembly. The Advocate-General 299[and an Adviser appointed under clause (11) of Article 130]299shall have the right to speak and
otherwise take part in the proceedings of the Provincial Assembly or
any committee thereof of which he may be named a member, but shall
not by virtue of this Article be entitled to vote.
The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall,
unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised.
Explanation: Reference in this Article to 'Chief Minister' shall not be construed to include reference to a Chief Minister against whom
a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon
or against whom a resolution for a vote of no-confidence has been passed.
(2)
The Governor may also dissolve the Provincial Assembly in his discretion, but subject to previous approval by the President,
where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands
the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution,
as ascertained in a session of the Provincial Assembly summoned for the purpose.
Qualifications and disqualifications for membership of Provincial Assembly. The qualifications and disqualifications for membership
of the National Assembly set out in Articles 62 and 63 shall also
apply for membership of a Provincial Assembly as if reference
therein to "National Assembly" were a reference to "Provincial
Assembly".
Restriction on discussion in Provincial Assembly. No discussion shall take place in a Provincial Assembly
with respect to the conduct of any Judge of 308[the Federal Constitutional Court,]308 the Supreme Court or of
a High Court in the discharge of his duties.
115
Provincial Government's consent required for financial measures.
(1)
A Money Bill, or a Bill or amendment which if enacted
and brought into operation would involve expenditure from the
Provincial Consolidated Fund or withdrawal from the Public
Account of the Province shall not be introduced or moved in the
Provincial Assembly except by or with the consent of the
Provincial Government.
(2)
For the purpose of this Article, a Bill or amendment
shall be deemed to be a Money Bill if it contains provisions
dealing with all or any of the following matters, namely:
(a)
the imposition, abolition, remission,
alteration or regulation of any tax;
(b)
the borrowing of money, or the giving of any
guarantee, by the Provincial Government or the amendment of
the law relating to the financial obligations of that Government;
(c)
the custody of the Provincial Consolidated
Fund, the payment of moneys into, or issue of moneys from,
that Fund;
(d)
the imposition of a charge upon the Provincial
Consolidated Fund, or the abolition or alteration of any
such charge;
(e)
the receipt of moneys on account of the Public
Account of the Province, the custody or issue of such
moneys; and
(f)
any matter incidental to any of the matters
specified in the preceding paragraphs.
(3)
A Bill shall not be deemed to be a Money Bill by
reason only that it provides-
(a)
for the imposition or alteration of any fine or
other pecuniary penalty or for the demand or payment of a
licence fee or a fee or charge for any service rendered; or
(b)
for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority
or body for local purposes.
(4)
If any question arises whether a Bill is a Money Bill
or not, the decision of the Speaker of the Provincial Assembly
thereon shall be final.
(5)
Every Money Bill presented to the Governor for assent
shall bear a certificate under the hand of the Speaker of the
Provincial Assembly that it is a Money Bill and such certificate
shall be conclusive for all purposes and shall not be called in question.
When a Bill has been passed by the Provincial
Assembly, it shall be presented to the Governor for assent.
(2)
When a Bill is presented to the Governor for assent,
the Governor shall, within 310[ten]310 days,
(a)
assent to the Bill; or
(b)
in the case of a Bill other than a Money Bill,
return the Bill to the Provincial Assembly with a message
requesting that the Bill, or any specified provision
thereof, be reconsidered and that any amendment specified in
the message be considered.
When the Governor has returned a Bill to the
Provincial Assembly it shall be reconsidered by the Provincial
Assembly and, if it is again passed, with or without amendment,
by the Provincial Assembly, by the votes of the majority of the
members of the Provincial Assembly present and voting, it shall
be again presented to the Governor and the Governor shall 313[give his assent within ten days, failing with such assent shall be deemed to have been given]313.
When the Governor has assented 314[or is deemed to have assented]314to a Bill, it shall
become law and be called an Act of Provincial Assembly.
(5)
No Act of a Provincial Assembly, and no provision in
any such Act, shall be invalid by reason only that some
recommendation, previous sanction or consent required by the
Constitution was not given if that Act was assented to
accordance with the Constitution.
A Bill pending in a Provincial Assembly shall not
lapse by reason of the prorogation of the Assembly.
(2)
A Bill pending in a Provincial Assembly shall lapse on
the dissolution of the Assembly.
118
Provincial Consolidated Fund and Public Account.
(1)
All revenues received by the Provincial Government,
all loans raised by that Government, and all moneys received by
it in repayment of any loan, shall form part of a consolidated
fund, to be known as the Provincial Consolidated Fund.
(2)
All other moneys
(a)
received by or on behalf of the Provincial
Government; or
(b)
received by or deposited with the High Court or
any other court established under the authority of the Province;
shall be credited to the Public Account of the Province.
119
Custody, etc., of Provincial Consolidated Fund and Public Account. The custody of the Provincial Consolidated Fund, the
payment of moneys into that Fund, the withdrawal of moneys
therefrom, the custody of other moneys received by or on behalf of
the Provincial Government, their payment into, and withdrawal from,
the Public Account of the Province, and all matters connected with
or ancillary to the matters aforesaid, shall be regulated by Act of
the Provincial Assembly or, until provision in that behalf is so
made, by rules made by the Governor.
120
Annual Budget Statement.
(1)
The Provincial Government shall, in respect of every
financial year, cause to be laid before the Provincial Assembly
a statement of the estimated receipts and expenditure of the
Provincial Government for that year, in this Chapter referred to
as the Annual Budget Statement.
(2)
The Annual Budget Statement shall show separately :-
(a)
the sums required to meet expenditure described
by the Constitution as expenditure charged upon the
Provincial Consolidated Fund; and
(b)
the sums required to meet other expenditure
proposed to be made from the Provincial Consolidated Fund;
and shall distinguish expenditure on revenue
account from other expenditure.
121
Expenditure charged upon Provincial Consolidated Fund. The following expenditure shall be expenditure charged
upon the Provincial Consolidated Fund:
(a)
the remuneration payable to the Governor and other
expenditure relating to his office, and the remuneration payable
to :-
(i)
the Judges of the High Court; and
(ii)
the Speaker and Deputy Speaker of the
Provincial Assembly;
(b)
the administrative expenses, including the
remuneration payable to officers and servants, of the High Court
and the Secretariat of the Provincial Assembly;
(c)
all debt charges for which the Provincial Government
is liable, including interest, sinking fund charges, the
repayment or amortisation of capital, and other expenditure in
connection with the raising of loans, and the service and
redemption of debt on the security of the Provincial
Consolidation Fund;
(d)
any sums required to satisfy any judgment, decree or
award against the Province by any Court or tribunal; and
(e)
any other sums declared by the Constitution or by Act
of the Provincial Assembly to be so charged.
122
Procedure relating to Annual Budget Statement.
(1)
So much of the Annual Budget Statement as relates to
expenditure charged upon the Provincial Consolidated Fund may be
discussed in, but shall not be submitted to the vote of, the
Provincial Assembly.
(2)
So much of the Annual Budget Statement as relates to
other expenditure shall be submitted to the Provincial Assembly
in the form of demands for grants, and that Assembly shall have
power to assent to, or to refuse to assent to, any demand, or to
assent to any demand subject to a reduction of the amount
specified therein: 315[]315
(3)
No demand for a grant shall be made except on the
recommendation of the Provincial Government.
123
Authentication of schedule of authorised expenditure.
(1)
The Chief Minister shall authenticate by his signature
a schedule specifying :-
(a)
the grants made or deemed to have been made by
the Provincial Assembly under Article 122 and
(b)
the several sums required to meet the
expenditure charged upon the Provincial Consolidated Fund
but not exceeding, in the case of any sum, the sum shown in
the statement previously laid before the Assembly.
(2)
The schedule so authenticated shall be laid before the
Provincial Assembly, but shall not be open to discussion or vote thereon.
(3)
Subject to the Constitution, no expenditure from the
Provincial Consolidated Fund shall be deemed to be duly
authorized unless it is specified in the schedule so
authenticated and such schedule is laid before the Provincial
Assembly as required by clause (2).
124
Supplementary and excess grant. If in respect of any financial year it is found
(a)
that the amount authorized to be expended for a
particular service for the current financial year is
insufficient, or that a need has arisen for expenditure upon
some new service not included in the Annual Budget Statement for
that year; or
(b)
that any money has been spent on any service during a
financial year in excess of the amount granted for that service
for that year;
the Provincial Government shall have power to authorize
expenditure from the Provincial Consolidated Fund, whether the
expenditure is charged by the Constitution upon that Fund or not,
and shall cause to be laid before the Provincial Assembly a
Supplementary Budget Statement or, as the case may be, an Excess
Budget Statement, setting out the amount of that expenditure, and
the provisions of Article 120 to 123 shall apply to those statements
as they apply to the Annual Budget Statement.
125
Votes of account. Notwithstanding anything contained in the foregoing
provisions relating to financial matters, the Provincial Assembly
shall have power to make any grant in advance in respect of the
estimated expenditure for a part of any financial year, not
exceeding three months, pending completion of the procedure
prescribed in Article 122 for the voting of such grant and the
authentication of the schedule of expenditure in accordance with the
provisions of Article 123 in relation to the expenditure.
126
Power to authorise expenditure when Assembly stands dissolved. Notwithstanding anything contained in the foregoing
provisions relating to financial matters, at any time when the
Provincial Assembly stands dissolved, the Provincial Government may
authorize expenditure from the Provincial Consolidated Fund in
respect of the estimated expenditure for a period not exceeding four
months in any financial year, pending completion of the procedure
prescribed in Article 122 for the voting of grants and the
authentication of the schedule of authorized expenditure in
accordance with the provisions of Article 123 in relation to the
expenditure.
127
Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc. Subject to the Constitution, the provisions of clauses
(2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article
55, Articles 63 to 67, Article 69, Article 77, Article 87 and
Article 88 shall apply to and in relation to a Provincial Assembly
or a committee or members thereof or the Provincial Government, but
so that
(a)
any reference in those provisions to 316[Majlis-e-Shoora (Parliament)]316, a House or the National Assembly shall be read as
a reference to the Provincial Assembly;
(b)
any reference in those provisions to the President
shall be read as a reference to the Governor of the Province;
(c)
any reference in those provisions to the Federal
Government shall be, read as a reference to the Provincial Government;
(d)
any reference in those provisions to the Prime
Minister shall be read as a reference to the Chief Minister;
(e)
any reference in those provisions to a Federal
Minister shall be read as a reference to a Provincial Minister;
317[]317
(f)
any reference in those provisions to the National
Assembly of Pakistan shall be read as a reference to the
Provincial Assembly in existence immediately before the
commencing day318[; and]318
the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words "one hundred and
thirty" the word "320[one hundred]320" were substituted.
The Governor may, except when the Provincial Assembly
is in session, if satisfied that circumstances exist which
render it necessary to take immediate action, make and
promulgate an Ordinance as the circumstances may require.
(2)
An Ordinance promulgated under this Article shall have
the same force and effect as an Act of the Provincial Assembly
and shall be subject to like restrictions as the power of the
Provincial Assembly to make laws, but every such Ordinance:
(a)
shall be laid before the Provincial Assembly
and shall stand repealed at the expiration of 321[ninety days]321
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 resolution322[:]322
323[Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days
and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution
disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once.]323
(b)
may be withdrawn at any time by the Governor.
(3)
Without prejudice to the provisions of clause (2), an
Ordinance laid before the Provincial Assembly shall be deemed to
be a Bill introduced in the Provincial Assembly.
Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the
Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.
(2)
In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial
Ministers.
There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise
of his functions.
(2)
The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is
held, unless sooner summoned by the Governor.
(3)
After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business,
proceed to elect without debate one of its members to be the Chief Minister.
(4)
The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the
two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Chief Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further
polls shall be held between them until one of them secures a majority of votes of the members present and voting.
(5)
The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall,
before entering upon the office, make before the President oath in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.
(6)
The Cabinet shall be collectively responsible to the Provincial Assembly and the total strength of the Cabinet shall not exceed
327[seventeen]327 members or 328[thirteen]328 percent of the total membership of a Provincial Assembly, whichever is higher329[.]329330[]330
(7)
The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under
this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members
of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain
a vote of confidence from the Assembly.
(8)
The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.
(9)
A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration
of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister
unless he is elected a member of that Assembly.
(10)
Nothing in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office
during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as
Chief Minister or other Minister during any such period.
(11)
The Chief Minister shall not appoint more than 331[seven]331 Advisers.
Governor to be kept informed:
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative
proposals the Provincial Government intends to bring before the Provincial Assembly.
Subject to clauses 336[(9) and (10)]336 of Article 130, the
Governor shall appoint Provincial Ministers from amongst members
of the Provincial Assembly on the advice of the Chief Minister.
(2)
Before entering upon office, a Provincial Minister
shall make before the Governor oath in the form set out in the
Third Schedule.
(3)
A Provincial Minister may, by writing under his hand
addressed to the Governor, resign his office or may be removed from
office by the Governor on the advice of the Chief Minister.
133
Chief Minister continuing in office. The Governor may ask the Chief Minister to continue to
hold office until his successor enters upon the office of Chief
Minister.
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.
Extent of executive authority of Province. Subject to the Constitution, the executive authority of
the Province shall extend to the matters with respect to which the
Provincial Assembly has power to make laws:
Provided that, in any
matter with respect to which both 340[Majlis-e-Shoora (Parliament)]340 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 341[Majlis-e-Shoora (Parliament)]341 upon the Federal Government or authorities thereof.
138
Conferring of functions on subordinate authorities. On the recommendation of the Provincial Government, the
Provincial Assembly may by law confer functions upon officers or
authorities subordinate to the Provincial Government.
All executive actions of the Provincial Government
shall be expressed to be taken in the name of the Governor.
(2)
The 343[Provincial Government]343 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.
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 345[and shall not engage in private practice so long as he holds the office of the Advocate-General.]345
(4)
The Advocate-General may, by writing under his hand
addressed to the Governor, resign his office.
Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility
and authority to the elected representatitves of the local governments.
(2)
Elections to the local governments shall be held by the Election Commission of Pakistan.
Part V: Relations between Federation and Provinces
Chapter 1: Distribution of Legislative Powers
141
Extent of Federal and Provincial laws. Subject to the Constitution, 348[Majlis-e-Shoora (Parliament)]348 may make laws (including laws having extra-territorial
operation) for the whole or any part of Pakistan, and a Provincial
Assembly may make laws for the Province or any part thereof.
142
Subject-matter of Federal and Provincial laws. Subject to the Constitution-
(a)
349[Majlis-e-Shoora (Parliament)]349 shall have exclusive power to make laws with
respect to any matter in the Federal Legislative List;
Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws
with respect to any mattter not enumerated in the Federal Legislative List.
Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas
in the Federation as are not included in any Province.
Inconsistency between Federal and Provincial Law: If any provision of an Act of a Provincial Assembly is
repugnant to any provision of an Act of Majlis-e-Shoora (Parliament)
which Majlis-e-Shoora (Parliament) is competent to enact, then the Act
of Majlis-e-Shoora (Parliament), whether passed before or after the
Act of the Provincial Assembly, shall prevail and the Act of the
Provincial Assembly shall, to the extent of the repugnancy, be void.
Power of 360[Majlis-e-Shoora (Parliament)]360 to legislate for 361[one]361 or more Provinces by consent.
(1)
If 362[one]362 or more Provincial Assemblies pass resolutions to the effect that 363[Majlis-e-Shoora (Parliament)]363 may by law regulate any matter not enumerated 364[the Federal Legislative List]364 in the Fourth Schedule, it shall be lawful for 365[Majlis-e-Shoora (Parliament)]365 to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies,
be amended or repealed by Act of the Assembly of that Province.
Chapter 2: Administrative Relations between the Federation and Provinces
145
Power of President to direct Governor to discharge certain functions as his Agent.
(1)
The President may direct the Governor of any
Province to discharge as his Agent, either generally or in any
particular matter, such functions relating to such areas in the
Federation which are not included in any Province as may be
specified in the direction.
(2)
The provisions of Article 105 shall not apply to the
discharge by the Governor of his functions under clause (1).
146
Power of Federation to confer powers, etc., on Provinces, in certain cases.
(1)
Notwithstanding anything contained in the
Constitution, the Federal Government may, with the consent of
the Government of a Province, entrust either conditionally or
unconditionally to that Government, or to its officers,
functions in relation to any matter to which the executive
authority of the Federation extends.
(2)
An Act of 368[Majlis-e-Shoora (Parliament)]368 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
369[Federal Constitutional Court]369, in respect of any extra costs of administration incurred
by the Province in connection with the exercise of those powers or
the discharge of those duties.
147
Power of the Provinces to entrust functions to the Federation. Notwithstanding anything contained in the Constitution,
the Government of a Province may, with the consent of the Federal
Government, entrust, either conditionally or unconditionally, to the
Federal Government, or to its officers, functions in relation to any
matter to which the executive authority of the Province extends 370[:]370
371[Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.
]371
148
Obligation of Provinces and Federation.
(1)
The executive authority of every Province shall be
so exercised as to secure compliance with Federal laws which
apply in that Province.
(2)
Without prejudice to any other provision of this
Chapter, in the exercise of the executive authority of the
Federation in any Province regard shall be had to the interests
of that Province.
(3)
It shall be the duty of the Federation to protect every
Province against external aggression and internal disturbances and
to ensure that the Government of every Province is carried on in
accordance with the provisions of the Constitution.
149
Directions to Provinces in certain cases.
(1)
The executive authority of every Province shall be
so exercised as not to impede or prejudice the exercise of the
executive authority of the Federation, and the executive
authority of the Federation shall extend to the giving of such
directions to a Province as may appear to the Federal
Government to be necessary for that purpose.
The executive authority of the Federation shall
also extend to the giving of directions to a Province as to the
construction and maintenance of means of communication declared
in the direction to be of national or strategic importance.
(4)
The executive authority of the Federation shall also
extend to the giving of directions to a Province as to the manner in
which the executive authority thereof is to be exercised for the
purpose of preventing any grave menace to the peace or tranquility
or economic life of Pakistan or any part thereof.
150
Full faith and credit for public acts, etc. Full faith and credit shall be given throughout Pakistan
to public acts and records, and judicial proceedings of every
Province.
151
Inter-Provincial trade
(1)
Subject to clause (2), trade, commerce and
intercourse throughout Pakistan shall be free.
(2)
373[Majlis-e-Shoora (Parliament)]373 may by law impose such restrictions on the freedom
of trade, commerce or intercourse between one Province and
another or within any part of Pakistan as may be required in the
public interest.
(3)
A Provincial Assembly or a Provincial Government
shall not have power to-
(a)
make any law, or take any executive action,
prohibiting or restricting the entry into, or the export
from, the Province of goods of any class or description, or
(b)
impose a tax which, as between goods
manufactured or produced in the Province and similar goods
not so manufactured or produced, discriminates in favour of
the former goods or which, in the case of goods manufactured
or produced outside the Province discriminates between goods
manufactured or produced in any area in Pakistan and similar
goods manufactured or produced in any other area in Pakistan.
(4)
An Act of a Provincial Assembly which imposes any
reasonable restriction in the interest of public health, public
order or morality, or for the purpose of protecting animals or
plants from disease or preventing or alleviating any serious
shortage in the Province of an essential commodity shall not, if it
was made with the consent of the President, be invalid.
152
Acquisition of land for Federal purposes. The Federation may, if it deems necessary to acquire any
land situate in a Province for any purpose connected with a matter
with respect to which 374[Majlis-e-Shoora (Parliament)]374 has power to make laws, require the Province to acquire
the land on behalf, and at the expense, of the Federation or, if
the land belongs to the Province, to transfer it to the Federation
on such terms as may be agreed or, in default of agreement, as may
be determined by an arbitrator appointed by the Chief Justice of
375[Federal Constitutional Court]375.
The Council shall be responsible to 383[Majlis-e-Shoora (Parliament) ]383384[and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament)]384.
The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall
exercise supervision and control over related institutions.
391[Majlis-e-Shoora (Parliament)]391 in joint sitting may from time to time by
resolution issue directions through the Federal Government to
the Council generally or in a particular matter to take action
as 392[Majlis-e-Shoora (Parliament)]392 may deem just and proper and such directions shall
be binding on the Council.
If the Federal Government or a Provincial Government is
dissatisfied with a decision of the council, it may refer the matter
to 394[Majlis-e-Shoora (Parliament)]394 in a joint sitting whose decision in this behalf shall
be final.
155
Complaints as to interference with water supplies.
(1)
If the interests of a Province, the Federal
Capital 395[]395, or any of
the inhabitants thereof, in water from any natural source of
supply 396[or reservoir]396 have been or are likely to be affected prejudicially by-
(a)
any executive act or legislation taken or
passed or proposed to be taken or passed, or
(b)
the failure of any authority to exercise
any of its powers with respect to the use and distribution
or control of water from that source,
the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.
(2)
Upon receiving such complaint, the Council shall,
after having considered the matter, either give its decision or
request the President to appoint a commission consisting of such
persons having special knowledge and experience in irrigation,
engineering, administration, finance or law as he may think fit,
hereinafter referred to as the Commission.
(3)
Until 397[Majlis-e-Shoora (Parliament)]397 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.
The President shall constituted a National Economic Council which shall consist of-
(a)
the Prime Minister, who shall be the Chairman of the Council;
(b)
the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and
(c)
four other members as the Prime Minister may nominate from time to time.
(2)
The National Economic Council shall review the overall
condition of the country and shall, for advising the Federal
Government and the Provincial Governments, forumulate plans in respect
of financial, commercial, social and economic policies; and in
formulating such plans it shall, amongst other factors, ensure
balanced development and regional equity and shall also be guided by
the Principles of Policty set out in Chapter 2 of
Part-II.
(3)
The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.
(4)
The Coucil shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total
membership.
(5)
The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis-e-Shoora
(Parliament).
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 399[:]399
400[Provided that the Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power
stations in any Province, shall consult the Provincial Government concerned.
]400
(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.
In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article,
any of the said Governments may move the Council of Common Interests for resolution of the dispute.
Priority of requirements of natural gas. The Province in which a well-head of natural gas is
situated shall have precedence over other parts of Pakistan in
meeting the requirements from the well-head, subject to the
commitments and obligations as on the commencing day.
159
Broadcasting and telecasting.
(1)
The Federal Government shall not unreasonably
refuse to entrust to a Provincial Government such functions with
respect to broadcasting and telecasting as may be necessary to
enable that Government-
(a)
to construct and use transmitters in the
Province; and
(b)
to regulate and impose fees in respect of,
the construction and use of transmitters and the use of
receiving apparatus in the Province:
Provided that
nothing in this clause shall be construed as requiring the
Federal Government to entrust to any Provincial Government
any control over the use of transmitters constructed or
maintained by the Federal Government or by persons
authorised by the Federal Government, or over the use of
receiving apparatus by person so authorised.
(2)
Any functions so entrusted to a Provincial
Government shall be exercised subject to such conditions as may
be imposed by the Federal Government, including, notwithstanding
anything contained in the Constitution, any conditions with
respect to finance, but it shall not be lawful for the Federal
Government so to impose any conditions regulating the matter
broadcast or telecast by, or by authority of, the Provincial Government.
(3)
Any Federal law with respect to broadcasting and
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 402[Federal Constitutional Court]402.
(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.
160
National Finance Commission.
(1)
Within six months of the commencing day and
thereafter at intervals not exceeding five years, the President
shall 403 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 referred to in paragraph (a) of clause
(2) are the following taxes raised under the authority of
404[Majlis-e-Shoora (Parliament)]404, namely: -
(i)
taxes on income, including corporation tax,
but not including taxes on income consisting of remuneration
paid out of the Federal Consolidated Fund;
The share of the Provinces in each Award of National Finance Commission shall not be less than the share given to the Provinces
in the previous Award.
(3B)
The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the Award biannaully and
lay their reports before both Houses of Majlis-e-Shoora (Parliament) and Provincial Assemblies.
As soon as may be after receiving the
recommendation, of the National Finance Commission, the
President shall, by 407 Order, specify, in accordance with the
recommendations of the Commission under paragraph (a) of clause
(2), the share of the net proceeds of the taxes mentioned in
clause (3) which is to be allocated to each Province, and that
share shall be paid to the Government of the Province concerned,
and, notwithstanding the provision of Article 78 shall not form
part of the Federal Consolidated Fund.
(5)
The recommendations of the National Finance
Commission, together with an explanatory memorandum as to the
action taken thereon, shall be laid before both Houses and the
Provincial Assemblies.
(6)
At any time before an Order under clause (4) is made,
the President may, by Order, make such amendments or modifications
in the law relating to the distribution of revenues between the
Federal Government and the Provincial Governments as he may deem
necessary or expedient.
(7)
The President may, by Order, make
grants-in-aid of the revenues of the Provinces in need of assistance
and such grants shall be charged upon the Federal Consolidated Fund.
the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government
and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be
paid to the Province in which the well-head of natural gas is situated;
(b)
the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not
form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated.
The net
profits earned by the Federal Government, or any undertaking
established or administered by the Federal Government from the bulk
generation of power at a hydro-electric station shall be paid to the
Province in which the hydro-electric station is situated.Explanation
-For the purposes of this clause "net profits" shall be computed by
deducting from the revenues accruing from the bulk supply of power
from the bus-bars of a hydro-electric station at a rate to be
determined by the Council of Common Interests, the operating
expenses of the station, which shall include any sums payable as
taxes, duties, interest or return on investment, and depreciations
and element of obsolescence, and over-heads, and provision for
reserves.
162
Prior sanction of President to Bills affecting taxation in which Provinces are interested. No Bill or amendment which imposes or varies a tax or
duty the whole or part of the net proceeds whereof is assigned to
any Province, or which varies the meaning of the expression
"agricultural income" as defined for the purpose of the enactments
relating to income-tax, or which affects the principles on which
under any of the foregoing provisions of this Chapter moneys are or
may be distributable to Provinces, shall be introduced or moved in
the National Assembly except with the previous sanction of the
President.
163
Provincial taxes in respect of professions, etc. A Provincial Assembly may by Act impose taxes, not
exceeding such limits as may from time to time be fixed by Act of
409[Majlis-e-Shoora (Parliament)]409, on persons engaged in professions, trades, callings or
employments, and no such Act of the Assembly shall be regarded as
imposing a tax on income. Miscellaneous Financial Provisions
164
Grants out of Consolidated Fund. The Federation or a Province may make grants for any
purpose, notwithstanding that the purpose is not one with respect to
which 410[Majlis-e-Shoora (Parliament)]410 or, as the case may be, a Provincial Assembly may make
laws.
165
Exemption of certain public property from taxation.
(1)
The Federal Government shall not, in respect of its
property or income, be liable to taxation under any Act of
Provincial Assembly and, subject to clause (2), a Provincial
Government shall not, in respect of its property or income, be
liable to taxation under Act of 411[Majlis-e-Shoora (Parliament)]411 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 412[Majlis-e-Shoora (Parliament)]412 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.
Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain corporations, etc.
(1)
414[Majlis-e-Shoora (Parliament)]414 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 415[the Federal Constitutional Court,]415 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 416[the Federal Constitutional Court,]416 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.
Borrowing by Federal Government. The executive authority of the Federation extends to
borrowing upon the security of the Federal Consolidated Fun d within
such limits, if any, as may from time to time be fixed by Act of
417[Majlis-e-Shoora (Parliament)]417, and to the giving of guarantees within such limits, if
any, as may be so fixed.
167
Borrowing by Provincial Government.
(1)
Subject to the provisions of this Article, the
executive authority of a Province extends to borrowing upon the
security of the Provincial Consolidated Fund within such limits,
if any, as may from time to time be fixed by Act of the
Provincial Assembly, and to the giving of guarantees within such
limits, if any, as may be so fixed.
(2)
The Federal Government may, subject to such
conditions, if any, as it may think fit to impose, make loans
to, or so long as any limits fixed under Article 166 are not
exceeded give guarantees in respect of loans raised by, any
Province, and any sums required for the purpose of making loans
to a Province shall be charged upon the Federal Consolidated Fund.
(3)
A Province may not, without the consent of the Federal
Government, raise any loan if there is still outstanding any part of
a loan made to the Province by the Federal Government, or in respect
of which guarantee has been given by the Federal Government; and
consent under this clause may be granted subject to such conditions,
if any, as the Federal Government may think fit to impose.
A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund
within such limits and subject to such conditions as may be specified by the National Economic Council.
The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for
a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier.
The other terms and conditions of service of the Auditor-General shall be determined, by Act of Majlis-e-Shoora (Parliament);
and, until so determined, by Order of the President.
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, 423[the President may appoint the most senior officer in the Office of the Auditor-General to]423 act as Auditor-General and perform the
functions of that office.
169
Functions and powers of Auditor-General. The Auditor-General shall, in relation to-
(a)
the accounts of the Federation and of the
Provinces; and
(b)
the accounts of any authority or body
established by the Federation or a Province, perform such
functions and exercise such powers as may be determined by or
under Act of' 424[Majlis-e-Shoora (Parliament)]424 and, until so determined, by Order of the President.
170
Power of Auditor-General to give directions as to accounts.
The accounts of the Federation and of the Provinces
shall be kept in such form and in accordance with such principles
and methods as the Auditor-General may, with the approval of the
President, prescribe.
The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established
by, or under the control of, the Federal or a Provincial Government shall be conducted by the Audior-General, who shall determine
the extent and nature of such audit.
Reports of Auditor-General. The reports of the Auditor-General relating to the
accounts of the Federation shall be submitted to the President, who
shall cause them to be laid before the 427[both Houses of Majlis-e-Shoora (Parliament)]427 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
Ownerless property.
(1)
Any property which has no rightful owner shall, if
located in a Province, vest in the Government of that Province,
and in every other case, in the Federal Government.
(2)
All lands, minerals and other things of value within
the continental shelf or underlying the ocean 428[beyond]428 the territorial
waters of Pakistan shall vest in the Federal Government.
Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters
adjacent thereto shall vest jointly and equally in that Province and the Federal Government.
Power to acquire property and to make contracts, etc.
(1)
The executive authority of the Federation and of a
Province shall extend, subject to any Act of the appropriate
Legislature, to the grant, sale, disposition or mortgage of any
property vested in, and to the purchase or acquisition of
property on behalf of, the Federal Government or, as the case
may be, the Provincial Government, and to the making of contracts.
(2)
All property acquired for the purposes of the
Federation or of a Province shall vest in the Federal Government
or, as the case may be, in the Provincial Government.
(3)
All contracts made in the exercise of the
executive authority of the Federation or of a Province shall be
expressed to be made in the name of the President or, as the
case may be, the Governor of the Province, and all such
contracts and all assurances of property made in the exercise of
that authority shall be executed on behalf of the President or
Governor by such persons and in such manner as he may direct or authorize.
(4)
Neither the President, nor the Governor of a
Province, shall be personally liable in respect of any contract
or assurance made or executed in the exercise of the executive
authority of the Federation or, as the case may be, the
Province, nor shall any person making or executing any such
contract or assurance on behalf of any of them be personally
liable in respect thereof.
(5)
Transfer of land by the Federal Government or a
Provincial Government shall be regulated by law.
174
Suits and proceedings. The Federation may sue or be sued by the name of
Pakistan and a Province may sue or be sued by the name of the
Province.
Part VII: The Judicature
Chapter 1: The Courts.
175
Establishment and Jurisdiction of Courts.
(1)
There shall be 430[a Federal Constitutional Court of Pakistan, hereinafter referred to as the Federal Constitutional Court]430a Supreme Court of Pakistan 431[hereinafter referred to as the Supreme Court]431, a High
Court for each Province 432[
and a High Court for the Islamabad Capital Territory
]432and such other courts as may be
established by law.
433[Explanation.- Unless the context otherwise requires, the words "High Court" wherever occurring in the Constitution shall include
"Islamabad High Court.]433
(2)
No court shall have any jurisdiction save as is or
may be conferred on it by the Constitution or by or under any law.
(3)
The Judiciary shall be separated progressively from
the Executive within 435[fourteen]435 years from the commencing day.
436[Provided that the provisions of this Article shall have no application
to the trial of persons under any ofthe Acts mentioned at Serial No.6
and 7 of sub-part III of Part I of the First Schedule, who claim, or are
known to belong to any terrorist group or organization misusing the
name of religion or a sect.
Explanation.- In this proviso, the expression "sect" means a sect
of religion and does not include any reigious or political party regulated
under the Political Parties Order, 2002.
Appointment of Judges to 440[the Federal Constitutional Court,]440 the Supreme Court, High Courts and the Federal Shariat Court.-
(1)
There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment
of Judges of 441[the Federal Constitutional Court,]441 the Supreme Court, High Courts and the Federal Shariat Court, 442[and for performance evaluation of Judges of the High Courts]442as hereinafter provided.
For appointment of Judges of 446[the Federal Constitutional Court and]446 the Supreme Court, the Commission shall consist of-
447[
(i)
Chief Justice of the Federal Constitutional Court;
(ii)
Chief Justice of the Supreme Court;
(iii)
Members
one next most senior Judge each of the Federal Constitutional Court and the Supreme Court;
(iiia)
Member
a Judge of the Federal Constitutional Court or the
Supreme Court jointly nominated by the Chief Justice of the Federal
Constitutional Court and the Chief Justice of the Supreme Court, for
a period of two years;
an advocate having not less than fifteen years of
practice in the Supreme Court to be nominated by the Pakistan Bar
Council for a term of two years;
(vii)
Members
two members from the Senate and two members from the
National Assembly of whom two shall be from the Treasury Benches,
one from each House, and two from the Opposition Benches, from each
House. The nomination from the Treasury Benches shall be made by
the Leader of the House and from the Opposition Benches by the
Leader of the Opposition:
Provided that during the time when the National Assembly
stands dissolved, the remaining two members, for the purpose of this
paragraph, shall be nominated from the Senate in the manner as
aforesaid, for such period;
a woman or non Muslim or a technocrat, other than a
member of Majlis-e-Shoora (Parliament), who is qualified to be
member of the Majlis-e-Shoora (Parliament), to be appointed by the
Speaker of the National Assembly;
449[Explanation I.- The senior amongst the Chief Justice
of the Federal Constitutional Court and the Chief Justice of
the Supreme Court shall be the Chairperson of the
Commission. Their inter se seniority shall be determined with
reference to their dates of appointment as the Chief Justice
of the Federal Constitutional Court and the Chief Justice of
the Supreme Court 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 the High
Courts.
Explanation II.- If a Judge may not be nominated under
paragraph (iiia), one nominee each of the respective Chief
Justices shall be placed before the Commission which shall,
by the majority of its total membership, nominate a Judge
under paragraph (iiia) from amongst the nominees.
Explanation III.- If the Chief Justice of the Supreme
Court or a Judge mentioned in paragraph (iii) is to be
nominated for appointment as a Judge of the Federal
Constitutional Court, the next most senior Judge, as the case
may be, shall act as a member of the Commission in his place.
Explanation IV.- If a Judge appointed under paragraph
(ilia) is a Judge of the Supreme Court and is to be nominated
for appointment as a Judge of the Federal Constitutional
Court, another Judge of the Federal Constitutional Court or
the Supreme Court shall be nominated under clause (iiia) or
Explanation II, as the case may be, to act as a member of the
Commission in his place.
]449
Notwithstanding anything contained in clause (1), or clause
(2), 451[the
Chief Justice of the Federal Constitutional Court and the
Chief Justice of the Supreme Court]451 shall be nominated by the
Special Parliamentary Committee, in this Article referred to
as the Committee, from amongst the three most senior
Judges of 452[the Federal
Constitutional Court or the Supreme Court, as the case may
be]452. The Committee shall send the
name of the nominee to the Prime Minister who shall
forward the same to the President for appointment:
453[]453
454[Provided that if the nominee under this clause
declines to become the Chief Justice, he shall be deemed to
have retired and the three next most senior Judges shall be
considered and so on till the appointment of the Chief Justice
of the Federal Constitutional Court or the Chief Justice of the
Supreme Court, as the case may be:
Provided further that notwithstanding anything
contained in the Constitution, the President shall, on advice
of the Prime Minister, appoint the first Chief Justice of the
Federal Constitutional Court from amongst the Judges of the
Supreme Court:
Provided also and notwithstanding anything contained
in the Constitution, the appointment of the first batch of
Judges of the Federal Constitutional Court, shall be made by
the President, on advice of the Prime Minister in consultation
with the Chief Justice of the Federal Constitutional Court:
Provided also that the second, third and this proviso
shall stand omitted on the appointment of the first Chief
Justice and the Judges under the above said provisos.]454
The Committee shall consist of the following twelve members, namely:-
(i)
eight members from the National Assembly;
(ii)
and four members from the Senate:
Provided that when the National Assembly stands dissolved, the total membership of the Committee shall consist of the members from
the Senate only mentioned in paragraph (ii) and the provisions of this Article shall, mutatis mutandis, apply.
(3B)
The Parliamentary Parties shall have proportional representation on the Committee, based on their strength in Majlis-e-Shoora
(Parliament), to be nominated by their respective Parliamenatry Leaders. The Chairman and the Speaker of the National Assembly,
as the case may be, shall notify members of the Committee.
(3C)
The Committee, by majority of not less than two-thirds of its total membership, within fourteen days prior to the retirement
of the Chief Justice of 456[the Federal Constitutional Court or the Chief Justice of the
Supreme Court, as the case may be]456 shall send the nomination as provided in clause (3)457[.]457458[]458
(3D)
No action or decision taken by the Commission or the Committee shall be invalid or called in question only on the ground of
existence of a vacancy therein or of the absence of any member from any meeting thereof.
(3E)
The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.
(3F)
The provisions of Article 68 shall not apply to the proceedings of the Committee.
(3G)
The Committee may make rules for regulating its procedure.
The Commission 460[shall]460 make rules regulating its procedure including the procedure and criteria for 461[interview,]461 evaluation and fitness for appointment of Judges.
an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for
a term of two years464[.]464
465[Explanation.- If Head of Constitutional Benches of a High Court is the Chief Justice of that High Court, the Judge who is
next in seniority shall become member of the Commission:]465
466[Provided futher that if for any reason the Chief Justice of a High Court is not available, he shall be substituted by a former Chief
Justice or former Judge of that Court, to be nominated by the 468[Commission]468469[.]469]466
(6)
For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
(i)
Member
Chief Justice of the Islamabad High Court; 472[]472
(ii)
Member
473[Head of Constitutional Benches of that High Court]473474[;]474
Provided that for initial appointment of the 476[Chief Justice and the]476 Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice 477[and the Judges]477
of Islamabad High Court, the 478[Explanation and]478provisos to clause (5) shall, mutatis mutandis, apply.
(7)
For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also invlude the Chief Justice
of the Federal Shariat Court and the most senior Judge of that Court as its members:
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to clause (5) shall, mutatis mutandis, apply.
The Commission, by majority of its total membership, shall nominate one person for each vacancy of a Judge in the Supreme
Court, a High Court or the Federal Shariat Court, as the case may be, to the Prime Minister who shall forward the same to
the President for appointment.
The Commission in clause (2) shall conduct an annual
performance evaluation of Judges of the High Courts.
(19)
If the performance of a Judge of a High Court is found by
the Commission to be inefficient, it shall grant him such period for
improvement, as it deems appropriate. If, upon completion of the
period so granted, the performance of such Judge is again found to be
unsatisfactory, the Commission shall send its report to the Supreme
Judicial Council.
The Commission shall make rules for the purposes of
clauses (18) and (19) within sixty days of commencement of
the Constitution (Twenty-seventh Amendment) Act, 2025.
For the purposes of this Article and subject to the
rules made by the Commission, there shall be a secretariat of the
Commission to be headed by a secretary and shall include such other
officers and staff, as may be necessary.
(22)
One-third of the members of the Commission may requisition a meeting of the Commission by sending a written request to the
Chairperson who shall convene the meeting of the Commission not later than fifteen days from the receipt of such requisition.
If the Chairperson fails to convene a meeting within the aforesaid period, the secretary shall convene the meeting within
seven days of the expiry of the aforesaid period.
(23)
For each anticipated or actual vacancy of a Judge in 493[the Federal Constitutional Court,]493the Supreme Court, the Chief Justice of Federal Shariat Court, the Chief Justice of a High Court, a Judge in Federal Shariat
Court or a Judge in a High Court, any member of the Commission may give nominations in the Commission for appointment against
such vacancy.
The Federal Constitutional Court shall consist of a Chief Justice to be known as
the Chief Justice of the Federal Constitutional Court of Pakistan
hereinafter referred to as the Chief Justice of the Federal Constitutional
Court and as 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:
Provided that the Federal Constitutional Court shall have equal
number of Judges from each Province and at least one Judge from
Islamabad High Court.
Explanantion.- In no case the number of Judges from the Islamabad
High Court shall exceed the numbers of Judges from a Province:
Provided further that nothing contained in the first proviso shall
effect the functioning of the Federal Constitutional Court.
(2)
The President may, by Order, make necessary provisions for the
matters consequential or ancillary to the establishment and functioning
of the Federal Constitutional Court.
175C
Appointment of Federal Constitutional Court Judges.
(1)
The Chief Justice of the Federal Constitutional Court and each of the other
Judges thereof shall be appointed by the President in accordance with
Article 175A.
(2)
A person shall not be appointed as Judge of the Federal
Constitutional Court unless he is a citizen of Pakistan and-
(a)
is or has been a Judge of the Supreme Court; or
(b)
has, for a period of not less than five years, been a Judge of
(c)
a High Court; or
has, for a period of not less than twenty years, been an
advocate of a High Court and is an advocate of the Supreme
Court.
(3)
The inter se seniority of Judges appointed under this Article
shall be reckoned from the date they enter upon the office and in case
that date is same then on the basis of their age:
Provided that a Judge of the Supreme Court, who holds the said
office on the commencement of the Constitution (Twenty-seventh
Amendment) Act, 2025, shall retain his inter se seniority among Judges
other than the Chief Justice of the Federal Constitutional Court.
175D
Oath of Office of the Chief Justice and other Judges of the
Federal Constitutional Court. Before entering upon office, the Chief
Justice of the Federal Constitutional Court shall make before the
President, and any other Judge of the Federal Constitutional Court shall
make before the Chief Justice, oath in the form set out in the Third
Schedule.
175E.
Original jurisdiction of Federal Constitutional Court.
(1)
The Federal Constitutional 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 Federal Constitutional Court shall pronounce declaratory
judgments only.
(3)
Without prejudice to the provisions of Article 199, the
Federal Constitutional Court shall, if it considers that a question of public
importance with reference to the enforcement of any of the Fundamental
Rights conferred by Chapter 1 of Part II is involved, have the power to
make an order of the nature mentioned in the said Article:
Provided that, subject to the satisfaction of the Federal
Constitutional Court, the jurisdiction under this clause shall only be
exercised if an application is filed by a person in that Court.
(4)
All petitions which fall under this Article and appeals or review
applications against judgments rendered or orders passed under this
Article, pending or filed before the Supreme Court or its Constitutional
Benches, prior to commencement of the Constitution (Twenty-seventh
Amendment) Act, 2025, shall forthwith stand transferred to the Federal
Constitutional Court and shall only be heard and decided by the Federal
Constitutional Court.
(5)
The Federal Constitutional Court may, on its own motion or
otherwise, if it considers that the case involves a substantial question of
law as to the interpretation of the Constitution, call for the record of any
case pending before any court and make such order in the case as it thinks
fit.
175F
Appellate jurisdiction of the Federal Constitutional Court.
(1)
The Federal Constitutional Court shall have jurisdiction to hear and
determine appeals from judgments, decrees, final orders or sentences of
a High Court as provided herein below-
(a)
where an Act of Majlis-e-Shoora (Parliament) so provides;
(b)
if the High Court certifies that the case involves a substantial
question of law as to the interpretation of the Constitution;
or
(c)
from a judgment or an order of a High Court made under
Article 199 only if the Federal Constitutional Court grants
leave to appeal:
Provided that no appeal shall lie against a judgment or
an order of a High Court made under Article 199, in a case
which relates to rent and family except guardianship and
such other matters as may be determined by law.
(2)
All petitions for leave to appeal, appeals or review
applications, to which clause (1) apply or any other proceedings falling
within the jurisdiction of the Federal Constitutional Court, filed or pending
before the Supreme Court prior to commencement of the Constitution
(Twenty-seventh Amendment) Act, 2025, stand transferred to the Federal
Constitutional Court and shall only be heard and decided by that Court.
175G
Review of judgments or orders by the Federal Constitutional Court. The Federal Constitutional Court shall have the
power, subject to the provisions of any Act of Majlis-e-Shoora
(Parliament) and any rules made by the Federal Constitutional Court, to
review any judgment pronounced or any order made by it.
175H
Advisory jurisdiction.
(1)
If, at any time, the President
considers that it is desirable to obtain the opinion of the Federal
Constitutional Court on any question of law which he considers of public
importance, he may refer the question to the Federal Constitutional Court
for consideration.
(2)
The Federal Constitutional Court shall consider a question so
referred and report its opinion on the question to the President.
175I
Retiring Age of the Chief Justice and other Judges of the
Federal Constitutional Court. A Judge of the Federal Constitutional Court
shall hold office until he attains the age of sixty-eight years, unless he
sooner resigns or is removed from office in accordance with the
Constitution:
Provided that the term of office of the Chief Justice of the Federal
Constitutional Court shall be three years or unless he sooner resigns or he
attains the age of sixty-eight years or is removed from his office in
accordance with the Constitution, whichever is earlier:
Provided further that the Chief Justice of the Federal Constitutional
Court on completion of his term of three years shall stand retired
notwithstanding his age of superannuation.
175J
Acting Chief Justice of the Federal Constitutional Court. At
any time when-
(a)
the office of Chief Justice of the Federal Constitutional
Court is vacant; or
(b)
the Chief Justice of the Federal Constitutional 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 Federal
Constitutional Court to act as its Chief Justice.
175K
Acting Judges of the Federal Constitutional Court.
(1)
At any time when-
(a)
the office of a Judge of the Federal Constitutional
Court is vacant; or
(b)
a Judge of the Federal Constitutional 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 175A,
appoint a Judge of the Supreme Court or a High Court who is qualified for
appointment as a Judge of the Federal Constitutional Court to act
temporarily as a Judge of the Federal Constitutional Court.
Explanation.- In this clause, Judge of the Supreme Court or a High
Court includes a person who has retired as a Judge of the Supreme Court
or a High Court.
(2)
An appointment under this Article shall continue in force
until it is revoked by the President.
175L
Seat of the Federal Constitutional Court.
(1)
The permanent seat
of the Federal Constitutional Court shall be at Islamabad.
(2)
The Federal Constitutional Court may from time to time sit at
such other places as the Chief Justice of the Federal Constitutional Court,
with the prior approval of the President, may appoint.
Chapter 2: The Supreme Court of Pakistan.
176
Constitution of Supreme Court. The Supreme Court shall consist of a Chief Justice to be
known as the Chief Justice 495[of Supreme Court]495 of Pakistan and so many other Judges as
may be determined by Act of 496[Majlis-e-Shoora (Parliament)]496 or, until so determined, as may be fixed by the
President497[:]497
498[Provided that and notwithstanding anything
contained in the Constitution, the incumbent Chief Justice
shall be and continue to be known as the Chief Justice of
Pakistan during his term in office.]498
The Chief Justice of 500[of Supreme Court]500 and each of the other Judges of the Supreme Court shall be appointment by the President in accordance with Article 175A.
Oath of Office. Before entering upon office, the Chief Justice of
502[of Supreme Court]502 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.
Retiring Age. A judge of the Supreme Court shall hold office until he
attains the age of sixty five years, unless he sooner resigns or is
removed from office in accordance with the
Constitution509[:]509
510[Provided that the term of the Chief Justice of 511[of Supreme Court]511
shall be three years or unless he sooner resigns or attains the age
of sixty-five years or is removed from his office in accordance with
the Constitution, whichever is earlier:
Provided further that the Chief Justice of 512[of Supreme Court]512, on
completion of his term of three years, shall stand retired
notwithstanding his age of superannuation.]510
the office of Chief Justice of 513[of Supreme Court]513 is
vacant; or
(b)
the Chief Justice of 514[of Supreme Court]514 is absent or is
unable to perform the functions of his office due to any other cause,
the President shall appoint 515[516[one]516of the other Judges of the Supreme Court]515 to act as Chief Justice of 517[of Supreme Court]517.
181
Acting Judges.
(1)
At any time when-
(a)
the office of a Judge of the Supreme Court
is vacant; or
(b)
a Judge of the Supreme Court is absent or
is unable to perform the functions of his office due to any
other cause,
the President may, in the manner provided in
clause (1) of Article 177, appoint a Judge of a High Court who
is qualified for appointment as a Judge of the Supreme Court to
act temporarily as a Judge of the Supreme Court.
518[Explanation.-In this clause, 'Judge of a High Court' includes a
person who has retired as a Judge of a High Court.]518
(2)
An appointment under this Article shall continue in
force until it is revoked by the President.
182
Appointment of ad-hoc Judges. If at any time it is not possible for want of quorum of
Judges of the Supreme Court to hold or continue any sitting of the
Court, or for any other reason it is necessary to increase
temporarily the number of Judges of the Supreme Court, the Chief
Justice of 519[of Supreme Court]519520[in consultation with the Judicial Commission as provided in clause (2) of Article 175A,]520may, in writing,-
(a)
with the approval of the President, request any
person who has held the office of a Judge of that Court and
since whose ceasing to hold that office three years have not
elapsed; or
(b)
with the approval of the President and with the
consent of the Chief justice of a High Court, require a Judge of
that Court qualified for appointment as a judge of the Supreme Court,
to attend sittings of the Supreme Court as an ad hoc
Judge for such period as may be necessary and while so attending an
ad hoc Judge shall have the same power and jurisdiction as a Judge
of the Supreme Court.
183
Seat of the Supreme Court.
(1)
The permanent seat of the Supreme Court shall,
subject to clause (3), be at Islamabad.
(2)
The Supreme Court may from time to time to time
sit in such other places as the Chief Justice of 521[of Supreme Court]521, with
the approval of the President, may appoint.
Subject to this Article and Article 175F, the Supreme Court shall
have jurisdiction to hear and determine appeals from judgments,
decrees, final orders or sentences of a High Court.
(2)
An appeal shall lie to the Supreme Court from any
judgment, decree, final order or sentence of a High Court-
(a)
if the High Court has on appeal reversed an order of
acquittal of an accused person and sentenced him to
death or to transportation for life or imprisonment
for life; or, on revision, has enhanced a sentence to a
sentence as aforesaid; or
(b)
if the High Court has withdrawn for trial before itself
any case from any court subordinate to it and has in
such trial convicted the accused person and
sentenced him as aforesaid; or
(c)
if the High Court has imposed any punishment on any
person for contempt of the High Court or
(d)
if the amount or value of the subject-matter of the
dispute in the court of first instance was, and also rn
dispute in appeal is, not less than one million 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 or tribunal 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 or tribunal immediately below.
(3)
An appeal to the Supreme Court, from a judgment,
decree, order or sentence of a High Court in case to which clause
(2) does not apply shall lie only if the Supreme Court grants leave
to appeal:
Provided that no appeal shall lie to the Supreme Court in
cases to which clause (1) of Article 175F applies.
Issue and Execution of Processes of 534[Federal Constitutional Court and]534Supreme Court.
(1)
535[Subject to clause(2) of Article 175,536[the Federal Constitutional Court and]536
the]535 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 document537[:]537
538[Provided that no order under this clause shall be passed otherwise than in pursuance of any jurisdiction vested in and exercised by
539[the Federal Constitutional Court and]539 the Supreme Court.]538
(2)
Any such direction, order or decree shall be
enforceable throughout Pakistan and shall, where it is to be
executed in a Province, or a territory or an area not forming
part of a Province but within the jurisdiction of the High Court
of the Province, be executed as if it had been issued by the
High Court of that Province.
(3)
If a question arises as to which High Court shall give
effect to a direction, order or decree of the Supreme Court, the
decision of the Supreme Court on the question shall be final.
188
Review of Judgments or Orders by the Supreme Court. The Supreme Court shall have power, subject to the
provisions of any Act of 540[Majlis-e-Shoora (Parliament)]540 and of any rules made by the Supreme Court, to review
any judgment pronounced or any order made by it.
Decisions of Federal Constitutional Court and Supreme
Court binding on other courts.
(1)
Any decision of the Federal
Constitutional 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 including the Supreme Court.
(2)
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 except the Federal
Constltutional Court.
Action in aid of 542[Federal Constitutional Court and]542 Supreme Court. All executive and judicial authorities through out
Pakistan shall act in aid of 543[the Federal Constitutional Court and]543 the Supreme Court.
Rules of Procedure.
Subject to the Constitution and any Act
of Majlis-e-shoora (Parliament), the Federal Constitutional Court and the
Supreme Court may make rules regulating their respective practice and
procedure.
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.
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 548 Order, establish a High
Court for each of the Provinces of Baluchistan and Sind and may make
such provision in the Order for the principal seats of the two High
Courts, transfer of the Judges of the common High Court, transfer of
cases pending in the common High Court immediately before the
establishment of two High Courts and, generally, for matters
consequential or ancillary to the common High Court ceasing to
function and the establishment of the two High Courts as he may deem
fit.
The jurisdiction of a High Court may, by Act of
550[Majlis-e-Shoora (Parliament)]550, be extended to any area in Pakistan not forming part
of a Province.
A person shall not be appointed as 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 not less than ten years, been an advocate of a High Court; or
(b)
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 has 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.
Oath of Office Before entering upon office, the Chief. Justice of a
High Court shall make before the Governor, and any other Judge of
the Court shall make before the Chief Justice, oath in the form set
out in the Third Schedule557[:]557
558[Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall
make oath before the Chief Justice of the Islamabad High Court.
]558
Retiring Age A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed
from office in accordance with the Constitution.
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 565[one of the other
Judges of the High Court, or may request one of the Judges of the
Supreme Court]565, to act as Chief Justice.
197
Additional Judges. At any time when-
(a)
the office of a Judge of a High Court is
vacant; or
(b)
a Judge of a High Court is absent or is unable
to perform the functions of his office due to any other cause; or
(c)
for any reason it is necessary to increase the
number of Judges of a High Court,
the President may, in the manner provided in clause (1)
of Article 193, appoint a person qualified for appointment as a
Judge of the High Court to be Additional Judge of the Court for such
period as the President may determine, being a period not exceeding
such period, if any, as may be prescribed by law.
Each High Court in existence immediately
before the commencing day shall continue to have its principal
seat at the place where it had such seat before that day.
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 Abbottabad570[, Mingora]570 and Dera Ismail Khan and the High Court
of Baluchistan shall have a Bench at Sibi 571[and Turbat]571.
(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.
Subject to the Constitution, a High Court may, if
it is satisfied that no other adequate remedy is provided by
law,-
(a)
on the application of any aggrieved party,
make an order-
(i)
directing a person performing, within
the territorial jurisdiction of the Court, functions in
connection with the affairs of the Federation, a
Province or a local authority, to refrain from doing
anything he is not permitted by law to do, or to do
anything he is required by law to do; or
(ii)
declaring that any act done or
proceeding taken within the territorial jurisdiction of
the Court by a person performing functions in connection
with the affairs of the Federation, a Province or a
local authority has been done or taken without lawful
authority and is of no legal effect; or
(b)
on the application of any person, make an
order-
(i)
directing that a person in custody
within the territorial jurisdiction of the Court be
brought before it so that the Court may satisfy itself
that he is not being held in custody without lawful
authority or in an unlawful manner; or
(ii)
requiring a person within the
territorial jurisdiction of the Court holding or
purporting to hold a public office to show under what
authority of law he claims to hold that office; or
(c)
on the application of any aggrieved person,
make an order giving such directions to any person or
authority, including any Government exercising any power or
performing any function in, or in relation to, any territory
within the jurisdiction of that Court as may be appropriate
for the enforcement of any of the Fundamental Rights
conferred by Chapter 1 of Part II.
For removal of doubt, the High Court shall not make an
order or give direction or make a declaration on its own or in the
nature of suo motu exercise of jurisdiction beyond the contents of any
application filed under clause (1).
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.
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.
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 578[or state property]578 or of impeding the
assessment or collection of public revenues,
the Court shall not make an interim order unless
the prescribed law officer has been given notice of the
application and he or any person authorised by him in that
behalf has had an opportunity of being heard and the Court, for
reasons to be recorded in writing, is satisfied that the interim
order-
(i)
would not have such effect as aforesaid;or
(ii)
would have the effect of suspending an
order or proceeding which on the face of the record is
without jurisdiction.
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:
580[Provided that, for reasons to be recorded, an interim order may be extended only for a period upto six months.
]580
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.
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 586[Federal Constitutional Court or the]586 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.
The President may
transfer a Judge of a High Court from one High Court to another High
Court on the recommendation of and on such terms and conditions as
may be determined by the Judicial Commission of Pakistan as mentioned
in clause (2) of Article 175A:
Provided that the Chief Justices of both High Courts shall also be
members of the Judicial Commission of Pakistan for the purposes of this
clause:
Provided further that the Judicial Commission of Pakistan before
making recommendation under this clause may hear the Judge.
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)
The seniority of a Judge of a High Court transferred under
clause (1) shall be reckoned from the date of his initial appointment as a
Judge of the High Court:
(3)
Where a Judge is so transferred, he shall be entitled to such
additional allowances and privileges, in addition to his salary and
allowances, as the President may, by Order, determine.
(4)
A Judge of a High Court who does not accept a transfer under
this Article shall be proceeded against under Article 209 within a period
of thirty days. such Judge shall not perform his functions till such time
the Council under Article 209 renders its decision.
Decision of High Court binding on Subordinate Courts. Subject to Article 189, any decision of a High Court
shall, to the extent that it decides a question of law or is based
upon or enunciates a principle of law, be binding on all courts
subordinate to it.
202
Rules of Procedure Subject to the Constitution and law, a High Court may
make rules regulating the practice and procedure of the Court or of
any court subordinate to it.
There shall be Constitutional Benches of a High Court,
comprising such Judges of a High Court and for such term, as may be
nominated and determined by the Judicial Commission of Pakistan as
constituted under clause (5) of Article 175A, from time to time.
(2)
The most senior Judge amongst Judges nominated under
clause (1) shall be the Head of the Constitutional Benches.
For the purposes of clause (1), a Bench, to be nominated
by a committee consisting of the Head of Constitutional Benches and
next two most senior Judges from amongst the Judges nominated under
clause (1), shall hear and dispose of such matters.
(5)
All petitions under sub-paragraph (i) of paragraph (a) and
paragraph (c) of Article 199 or appeals therefrom, pending or filed in
a High Court prior to commencement of the Constitution (Twenty-sixth
Amendment) Act, 2024 (XXVI of 2024), subject to clause (7), forthwith stand transferred to the
Constitutional Benches and shall only be heard and decided by Benches
constituted under clause (4).
(6)
Notwithstanding anything contained in the Constitution but
subject to an Act of Majls-e-Shoora (Parliament) in respect of the
Islamabad High Court and an Act of Provincial Assembly in respect of
other respective High Courts may make rules regulating the practice
and procedure of the Constitutional Benches.
(7)
This Article shall come into force, if in respect of–
(a)
the Islamabad High Court, both Houses of Majils-e-Shoora
(Parliament) in the joint sitting; and
(b)
a High Court, the respective Provincial Assembly,
through a resolution passed by majority of the total membership of the
joint sitting or the respective Provincial Assembly, as the case may
be, give effect to the provisions of this Article.
Provisions of Chapter to override other Provisions of Constitution The provisions or this Chapter shall have effect
notwithstanding anything contained in the Constitution.
203B
Definitions. In this Chapter, unless there is anything repugnant in
the subject or context
601[
(a)
"Chief Justice" means, Chief Justice of
the Court;
"law" includes any custom or usage having the
force of law but does not include the Constitution, Muslim Personal Law, any law relating to the procedure of any Court or
tribunal or, until the expiration of 603[ten]603 years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees
or banking or insurance practice and procedure; and
The Court shall consist of not more than
eight Muslim 608[Judges]608, including the 609[Chief Justice]609,
to be appointed by the President 610[in accordance with Article 175A]610.
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 613[or a Judge of the Federal Shariat Court qualified to be a Judge of the Supreme Court]613.
(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 614[having at least fifteen years experience in Islamic law, research or instruction]614.
The 615[Chief Justice]615 and a 616[Judge]616 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 617[]617
except with his consent and 619[, except where the Judge is,
himself the Chief Justice,]619 after consultation by the President
with the Chief Justice of the High Court.
The 621[Chief Justice]621, if he is not a
Judge of the Supreme Court, and a 622[Judge]622 who is not a
Judge of a High Court, may, by writing under his hand addressed
to the President, resign his office.
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 628[Chief Justice]628 may, with the
approval of the President, appoint.
(7)
Before entering upon office, the 629[Chief Justice]629
and a 630[Judge]630 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 631[Chief Justice]631 or a
632[Judge]632 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 633[Chief Justice]633 or, as the case
may be, 634[Judge]634.
A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges
as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the
same remuneration, allowances, and privileges as are admissible to a Judge of a High Court:
Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension
shall be deducted from the pension admissible under this clause.
The Court may, 644[either of its own motion or]644
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.
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 646[]646, or to the Provincial Government in the case of a law with
respect to a matter not enumerated 647[in the Federal Legislative List]647, 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.
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 effect648[:]648
649[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 appeal650[:]650]649
651[Provided further that appeal against decision given after the
commencement of the Constitution (Twenty-sixth Amendment) Act, 2024
(XXVI of 2024) shall be disposed of within twelve months whereafter the
decision shall take effect unless suspended by the Supreme Court.
]651
(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.
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.
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 655[Article 203D.]655
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 Court657[:]657
658[Provided that an appeal on behalf of the
Federation or of a Province may be preferred within six
months of such decision.]658
(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.
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.
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.
A person appointed under paragraph (b) of clause
(3) shall hold office for such period as the President may determine.
(5)
Reference in clauses (1) and (2) to Supreme Court
shall be construed as a reference to the Shariat Appellate Bench.
(6)
While attending sittings of the Shariat Appellate
Bench, a person appointed under paragraph (b) of clause (3) shall
have the same power and jurisdiction, and be entitled to the same
privileges, as a Judge of the Supreme Court and be paid such
allowances as the President may determine.
203G
Bar of Jurisdiction Save as provided in Article 203F, no court or tribunal,
including the Supreme Court and a High Court, shall entertain any
proceeding or exercise any power or jurisdiction in respect of any
matter within the power or jurisdiction of the Court.
Decision of Court binding on High Court and Courts subordinate to it Subject to Article 203D and 203F, any decision of the
Court in the exercise of its jurisdiction under this Chapter shall
be binding on a High Court and on all courts subordinate to a High
Court.
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.
The Court may, by notification in the official
Gazette, make rules for carrying out the purposes of this Chapter.
(2)
In particular, and without prejudice to the
generality of the foregoing power, such rules may make provision
in respect of all or any of the following matters, namely: -
(a)
the scale of payment of honorarium to be made to
jurisconsults, experts and witnesses summoned by the Court to
defray the expenses, if any, incurred by them in attending for
the purposes of the proceedings before the Court; 663[]663
(b)
the form of oath to be made by a
jurisconsult, expert or witness appearing before the Court664[;]664
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.
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
Remuneration, etc., of Judges. The remuneration and other terms and conditions of
service of a Judge of 670[the Federal Constitutional Court or]670 the Supreme Court or of a High Court shall be
as provided in the Fifth Schedule.
A Judge of the 672[Federal Constitutional Court or of the]672 Supreme Court or a High Court may
resign his office by writing under his hand addressed to the President.
A Judge of a High Court who does not accept
appointment as a Judge of the Federal Constitutional Court or the
Supreme Court or a Judge of the Supreme Court who does not
accept appointment as a Judge of the Federal Constitutional Court
shall be deemed to have retired from his office and, on
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.
A Judge of 675[Federal Constitutional Court or of the Supreme Court]675 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
676[Federal Constitutional Court or of the Supreme Court]676 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 677[Federal Constitutional Court or of the Supreme Court]677, shall not plead or act in
any Court or before any authority in Pakistan; 678[and]678
(b)
of a High Court, shall not plead or act in any
Court or before any authority within its jurisdiction679[.]679
Officers and Servants of Courts. The 681[Federal Constitutional Court, the]681682[Supreme Court, the Federal Shariat Court and the Islamabad High Court]682,
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 employment684[:]684
685[Provided that till such time rules are made in this regard,
the rules providing for the appointment of officers and servants of
the Supreme Court and for their terms and conditions of
employment shall mutatis mutandis apply to the officers and
servants of the Federal Constitutional Court.
]685
the Chief Justice of the Federal Constitiutional Court;
(b)
the Chief Justice of the Supreme Court;
(c)
one next most senior Judge each of the Federal
Constitutional Court and the Supreme Court;
(d)
a Judge of the Federal Constitutional Court or the Supreme
Court jointly nominated by the Chief Justice of the Federal
Constitutional Court and the Chief Justice of the Supreme Court, for a period of two years;
(e)
the two most senior Chief Justices of the High Courts.
Explanation I.- The senior amongst the Chief Justice
of the Federal Constitutional Court and the Chief Justice of
the Supreme Court shall be the Chaiperson of the Council.
Their inter se seniority shall be determined with reference
to their dates of appointment as the Chief Justices of the
Federal Constitutional Court and the Chief Justice of the
Supreme Court otherwise than as acting Chief Justice, in
case the dates of such appointment are the same, with
reference to their dates of appointment as Judges of the
High Courts.
Explanation II.- If a Judge may not be nominated
under paragraph (d), the respective Chief Justices shall
forward one nominee each to the President who shall, on
advice of the Prime Minister, nominate one of them as a
Judge under paragraph (d).
Explanation III.- For the purposes 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 the High Courts.
If at any time, the Council is inquiring into the capacity,
inefficiency 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 if such member is the-
(a)
Chief Justice or Judge of the Federal Constitutional Court or the
Supreme Court, as the case may be, the Judge who is next in
seniority below the Judges referred to in paragraph (c) of
clause (2), as the case may be;
(b)
Judge of the Federal Constitutional Court or the Supreme Court
referred to in paragraph (d) of clause (2), another Judge
nominated under paragraph (d) or Explanation II of clause (2);
and
(c)
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.
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 from any source or the report from the
Commission under clause (19) of Article 175A 689[and Article 200]689, the Council or the President is of the opinion that a Judge 690[of the Federal Constitutional Court or]690 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 be inefficient in the performance of the duties of his office; or
]692
the Council, on its own motion or on receipt of report from the Commission under clause (19) of Article 175A or on the direction
of the President, shall inquire into the matter.
(6)
If, after inquiring into the matter, without unnecessary delay
and in case of report or direction under clause (5), within six months693[and within thirty days
in case where paragraph (d) applies]693, the Council reports to the President that it is of the opinion that-
(a)
the Judge is incapable of performing the duties of his office or is found inefficient in performance of the duties of his
office or has been guilty of misconduct 694[or does not accept transfer under Article 200]694; and
(b)
he should be removed from office,
the President may remove the Judge from office.
(7)
A Judge 695[of the Federal Constitutional Court or]695of 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 696[the Federal Constitutional Court,]696 the Supreme Court and the High Courts.
(9)
Subject to the rules made by the Council, there shall be a
secretariat of the Council to be headed by a secretary and shall include such other officers and staff, as may be necessary.
Within sixty days of commencement of the
Constitution (Twenty-seventh Amendment) Act, 2025, the Council
shall make rules regulating its procedure and conduct of
business.
Power of Council to enforce attendance of persons, etc.
(1)
For the purpose of inquiring into any matter, the
Council shall have the same power as the 702[the Federal Constitutional Court or the Supreme Court]702 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 703[the Federal Constitutional Court or the Supreme Court]703.
(2)
The provisions of Article 204 shall apply to the
Council as they apply to the 704[the Federal Constitutional Court, the Supreme Court]704 and a High Court.
211
Bar of Jurisdiction. The proceedings before the Council, its report to the
President and the removal of a Judge under clause (6) of Article 209
shall not be called in question in any court.
212
Administrative Courts and Tribunals.
(1)
Notwithstanding anything hereinbefore contained,
the appropriate Legislature may by Act 705[provide for the
establishment of]705 one or more Administrative Courts or Tribunals
to exercise exclusive jurisdiction in respect of
(a)
matters relating to the terms and
conditions of persons 706[who are or have been]706 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 707[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
708[other than an appeal pending before the Supreme Court,]708
shall abate on such establishment]707:
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, 709[Majlis-e-Shoora (Parliament)]709 by 710 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.
No person shall be appointed Commissioner unless he has been a judge of the Supreme Court or has been a senior civil servant
or is a technocrat and is not more than sixty-eight years of age.
Explanation 1.- "senior civil servant" means a civil
servant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS-22 or above.
Explanation 2.- "technocrat" means a person who is the holder of a degree requiring conclusion of at least sixteen years of
education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of
achievements at the national or international level.
The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for
appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person 720[:]720
721[Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate
lists to the Parliamentary Committee for consideration which may confirm any one name:]721
(2B)
The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Branches
and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by
the respective Parliamentary Leaders:
722[]722
723[Provided724[]724
that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate.
]723
Provided725[further]725 that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the 726[total membership of the Parliamentary Committe shall consist of]726 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.
The Commissioner 727[or a member]727shall have such powers and functions
as are conferred on him by the Constitution and law.
214
728[]728Oath of Office. Before entering upon office, the Commissioner shall make
before the Chief Justice of Pakistan 729[, and a member of the Election Commission shall make before the Commissioner,]729 oath in the form set out in the
Third Schedule.
215
Term of office of Commissioner 730[and members]730
(1)
The Commissioner 731[and a member]731 shall, subject to this Article,
hold office for a term of 732[three]732 years from the day he enters
upon his office:
733[Provided that two of the members shall retire after the expiration of
first two and a half years and two shall retire after the expiration
of the next two and a half years:
Provided738[also]738 that the Commission shall for the first term of
office of members draw a lot as to which two members shall retire
after the first two and a half years:
Provided also that the term of office of a member appointed to fill a
casual vacancy shall be the un-expired term of office of the member
whose vacancy he has filled.
]733
(2)
The Commissioner 739[or a member]739 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 740[or, as the case may be, a member]740 .
(3)
The Commissioner 741[or a member]741 may, by writing under his hand
addressed to the President, resign his office.
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 745[or a member]745 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
746[.]746747[]747
217
Acting Commissioner. At any time when,
(a)
the office of Commissioner is vacant, or
(b)
the Commissioner is absent or unable to perform
the functions of his office due to any other cause,
750[the most senior member in age of the members of the
Commission]750
shall Act as Commissioner.
For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such
other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this
Article.
four members, one from each Province, each of whom
shall be a person who has been a judge of a High Court or has been a
senior civil servant or is a technocrat and is not more than
sixty-five years of age, to be appointed by the President in the
manner provided for appointment of the Commissioner in clauses (2A)
and (2B) or Article 213.
Explanation.- "senior civil servant" and "technocrat"
shall have the same meaning as given in clause (2) or Article
213.
It shall be the duty of the Election Commission
757[]757 to organize and conduct the
election and to make such arrangements as are necessary to ensure
that the election is conducted honestly, justly, fairly and in
accordance with law, and that corrupt practices are guarded against.
219
Duties of 758[Commission]758. The 759[Commission]759 shall be charged with the duty of:-
760[
(a)
preparing electoral rolls for election to the National
Assembly, Provincial Assemblies and local governments, and revising
such rolls periodically to keep them up-to-date;
764[Provided that till such time as the members of the Commission are first appointed in accordance with the provisions of paragraph (b)
of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the
Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.]764
220
Executive authorities to assist Commission, etc. It shall be the duty of all executive authorities in the
Federation and in the Provinces to assist the Commissioner and the
Election Commission in the discharge of his or their functions.
221
Officers and 765[staff]765. Until 766[Majlis-e-Shoora (Parliament)]766 by law otherwise provides, the 767[Election Commission]767 may, with
the approval of the President, make rules providing for the
appointment by the Commissioner of officers and
768[staff]768 to be
employed in connection with the functions of the 769[]769770[Commissioner]770
and for their terms and conditions of
employment.
Chapter 2: Electoral Laws and Conduct of Elections
222
Electoral laws. Subject to the Constitution, 771[Majlis-e-Shoora (Parliament)]771 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 772[including delimitation of constituencies of local governments]772;
(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 773[]773774[,]774 the Provincial Assemblies 775[and local governments]775;
but no such law shall have the effect of taking away
or abridging any of the powers of the Commissioner or 776[the]776 Election
Commission under this Part.
223
Bar against double membership.
(1)
No person shall, at the same time, be a member of,
(a)
both Houses; or
(b)
a House and a Provincial Assembly; or
(c)
the Assemblies of two or more Provinces; or
(d)
a House or a Provincial Assembly in respect
of more than one seat.
(2)
Nothing in clause (1) shall prevent a person from
being a candidate for two or more seats at the same time,
whether in the same body or in different bodies, but if he is
elected to more than one seat he shall, within a period of
thirty days after the declaration of the result for the last
such seat, resign all but one of his seats, and if he does not
so resign, all the seats to which he has been elected shall
become vacant at the expiration of the said period of thirty
days except the seat to which he has been elected last or, if he
has been elected to more than one seat on the same day, the seat
for election to which his nomination was filed last.
Explanation:- In this clause, "body" means either House or a
Provincial Assembly.
(3)
A person to whom clause (2) applies shall not take
a seat in either House or the Provincial Assembly to which he
has been elected until he has resigned all but one of his seats.
(4)
Subject to clause (2), if a member of either House or
of a Provincial Assembly becomes a candidate for a second seat
which, in accordance with clause (1), he may not hold concurrently
with his first seat, then his first seat shall become vacant as soon
as he is elected to the second seat.
A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately
following the day on which the 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.
On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the
President, or the Governor, as the case may be, shall appoint a care-taker Cabinet:
Provided that the care-taker Prime Minister shall be 782[appointed]782 by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly,
and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader
of the Opposition in the outgoing Provincial Assmembly:
783[Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any
person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions
of Article 224A shall be followed:]783
Provided784[also]784 that the Members of the Federal and Pronvicial care-taker Cabinets shall be appointed on the advice of the care-taker Prime
Minister or the care-taker Chief Minister, as the case may be.
(1B)
Members of the care-taker Cabinets including the care-taker Prime Minister and the care-taker Chief Minister and their immediate
family members shall not be eligible to contest the immediately following elections to such Assemblies.
Explanation:- In this clause "immediate family members" means spouse and children.
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 785[]785 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.
When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of
death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the
party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such
seat790[:]790
791[Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may
occur thereafter.
]791
In case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person
to be appointed as the care-taker Prime Minister, within three days of the dissolution of the National Assembly, they shall
forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising
eight members of the outgoing National Assembly, or the Senate, or both, having equal representation from the Treasury and
the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.
(2)
In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly do not agree on any person to
be appointed as the care-taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two
nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising six members
of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the
Chief Minister and the Leader of the Opposition respectively.
(3)
The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief
Minister, as the case may be, within three days of the referral of the matter to it:
Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall
be referred to the Election Commission of Pakistan for final decision within two days.
(4)
The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care-taker
Prime Minister and the care-taker Chief Minister, as the case may be.
(5)
Notwithstanding anything contained in clauses (1) and (2), if the members of the Opposition are less than five in the Majlis-e-Shoora
(Parliament) and less than four in any Provincial Assembly, then all of them shall be members of the Committee mentioned in
the aforesaid clauses and the Committee shall be deemed to be duly constituted.
Election dispute. No election to a House or a Provincial Assembly shall be
called in question except by an election petition presented to such
tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).
Election by secret ballot.- All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.
Provisions relating to the Holy Qur'an and Sunnah.
(1)
All existing laws shall be brought in conformity
with the Injunctions of Islam as laid down in the Holy Quran and
Sunnah, in this Part referred to as the Injunctions of Islam,
and no law shall be enacted which is repugnant to such
Injunctions.
795[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.]795
(2)
Effect shall be given to the provisions of clause
(1) only in the manner provided in this Part.
(3)
Nothing in this Part shall affect the personal laws of
non-Muslim citizens or their status as citizens.
228
Composition, etc. of Islamic Council
(1)
There shall be 796 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 797[twenty]797, 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 798[one-third]798 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.
Subject to clause (6) a member of the Islamic
Council shall hold office for a period of three years.
(6)
A member may, by writing under his hand addressed to
the President, resign his office or may be removed by the President
upon the passing of a resolution for his removal by a majority of
the total membership of the Islamic Council.
229
Reference by 800[Majlis-e-Shoora (Parliament)]800, etc. to Islamic Council. The President or the Governor of a Province may, or if
801[one-fourth]801 of its total membership so requires, a House or a
Provincial Assembly shall, refer to the Islamic Council for advice
any question as to whether a proposed law is or is not repugnant to
the Injunctions of Islam.
230
Functions of Islamic Council.
(1)
The functions of the Islamic Council shall be,
(a)
to make recommendations to 802[Majlis-e-Shoora (Parliament)]802 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 803[Majlis-e-Shoora (Parliament)]803 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 report804[:]804
805[Provided that the final report shall be considered within twelve months after it has been laid.]805
231
Rules of procedure. The proceedings of the Islamic Council shall be
regulated by rules of 806 procedure to be made by the Council with
approval of the President.
Part X: Emergency Provisions
232
Proclamation of emergency on account of war, internal disturbance, etc.
(1)
If the President is satisfied that a grave
emergency exists in which the security of Pakistan, or any part
thereof, is threatened by war or external aggression, or by
internal disturbance beyond the power of a Provincial Government
to control, he may issue a Proclamation of Emergency807[:]807
808[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a
Resolution from the Provincial Assembly of that Province shall be required:
Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora
(Parliament) for approval by each House within ten days.
]808
(2)
Notwithstanding anything in the Constitution,
while a Proclamation of Emergency is in force,
809[
(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;
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 810 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 811[Majlis-e-Shoora (Parliament)]811 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
812[Majlis-e-Shoora (Parliament)]812 which 813[Majlis-e-Shoora (Parliament)]813 has under this Article power to make, the Act of
814[Majlis-e-Shoora (Parliament)]814, 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 815[Majlis-e-Shoora (Parliament)]815 continues to have effect, be void.
(5)
A law made by 816[Majlis-e-Shoora (Parliament)]816, which 817[Majlis-e-Shoora (Parliament)]817 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,
818[Majlis-e-Shoora (Parliament)]818 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
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.
Notwithstanding anything contained in clause (7), if
the National Assembly stands dissolved at the time when a
Proclamation of Emergency is issued, the Proclamation shall continue
in force for a period of four months but, if a general election to
the Assembly is not held before the expiration of that period, it
shall cease to be in force at the expiration of that period unless
it has earlier been approved by a resolution of the Senate.
233
Power to suspend Fundamental Rights, etc., during emergency period.
(1)
Nothing contained in Articles 15, 16, 17, 18, 19,
and 24 shall, while a proclamation of Emergency is in force,
restrict the power of the State as defined in Article 7 to make
any law or to take any executive action which it would, but for
the provisions in the said Articles, be competent to make or to
take, but any law so made shall to the extent of the
incompetency, cease to have effect, and shall be deemed to have
been repealed, at the time when the Proclamation is revoked or
has ceased to be in force.
(2)
While a Proclamation of Emergency is in force, the
President may, by 821 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 822[both Houses of Majlis-e-Shoora (Parliament) separately]822 for approval and the
provisions of clauses (7) and (8) of Article 232 shall apply to such
an Order as they apply to a Proclamation of Emergency.
234
Power to issue Proclamation in case of failure of constitutional machinery in a Province.
(1)
If the President, on receipt of a report from the
Governor of a Province824[]824, 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 825[by each House separately]825 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,
826[Majlis-e-Shoora (Parliament)]826; 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 827[Majlis-e-Shoora (Parliament)]827, it shall be competent-
(a)
to 828[Majlis-e-Shoora (Parliament)]828 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 829[Majlis-e-Shoora (Parliament)]829 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 830[Majlis-e-Shoora (Parliament)]830 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 831[Majlis-e-Shoora (Parliament)]831 in joint sitting; and
(d)
to 832[Majlis-e-Shoora (Parliament)]832 in joint sitting by resolution to sanction
expenditure authorized by the President under paragraph (c).
(6)
Any law made by 833[Majlis-e-Shoora (Parliament)]833 or the President which 834[Majlis-e-Shoora (Parliament)]834 or the President would not, but for the issue of a
Proclamation under this Article, have been competent to make, shall,
to the extent of the incompetency, cease to have affect on the
expiration of a period of six months after the Proclamation under
this Article has ceased to be in force, except as to things done or
omitted to be done before the expiration of the said period.
235
Proclamation in case of financial emergency.
(1)
If the President is satisfied that a situation has
arisen whereby the economic life, financial stability or credit
of Pakistan, or any part thereof, is threatened, he may, after
consultation with the Governors of the Provinces or, as the case
may be, the Governor of the Province concerned, by Proclamation
make a declaration to that effect, and while such a Proclamation
is in force, the executive authority of the Federation shall
extend to the giving of directions to any Province to observe
such principles of financial propriety as may be specified in
the directions, and to the giving of such other directions as
the President may deem necessary in the interest of the economic
life, financial stability or credit of Pakistan or any part thereof.
(2)
Notwithstanding anything in the Constitution, any
such directions may include a provision requiring a reduction of
the salary and allowances of all or any class of persons serving
in connection with the affairs of the Province.
(3)
While a Proclamation issued under this Article is
in force the President may issue directions for the reduction of
the salaries and allowances of all or any class of persons
serving in connection with the affairs of the Federation.
(4)
The provisions of clauses (3) and (4) of Article 234
shall apply to a Proclamation issued under this Article as they
apply to a Proclamation issued under that Article.
236
Revocation of Proclamation, etc.
(1)
A Proclamation issued under this part may be
varied or revoked by a subsequent Proclamation.
(2)
The validity of any Proclamation issued or Order made
under this Part shall not be called in question in any court.
237
835[Majlis-e-Shoora (Parliament)]835 may make laws of indemnity, etc. Nothing in the Constitution shall prevent 836[Majlis-e-Shoora (Parliament)]836 from making any law indemnifying any person in the
service of the Federal Government or a Provincial Government, or any
other person, in respect of any act done in connection with the
maintenance or restoration of order in any area in Pakistan.
Part XI: Amendment of Constitution
238
Amendment of Constitution. Subject to this Part, the
Constitution may be amended by Act of 837[Majlis-e-Shoora (Parliament)]837.
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.
Notwithstanding anything contained in the Constitution and any
judgment of any court, no court shall have jurisdiction to call in question
any amendment to the Constitution on any ground whatsoever.
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.
Appointment to service of Pakistan and conditions of service. Subject to the Constitution, the appointments to and
the conditions of service of persons in the service of
Pakistan shall be determined-
(a)
in the case of the services of the Federation,
posts in connection with the affairs of the Federation and All-
Pakistan Services, by or under Act of 841[Majlis-e-Shoora (Parliament)]841; 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 842[Majlis-e-Shoora (Parliament)]842.
241
Existing rules, etc., to continue. Until the appropriate Legislature makes a law under
Article 240, all rules and orders in force immediately before the
commencing day shall, so far as consistent with the provisions of
the Constitution, continue in force and may be amended from time to
time by the Federal Government or, as the case may be, the
Provincial Government.
242
Public Service Commission.
(1)
843[Majlis-e-Shoora (Parliament)]843 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.
The Chairman of the Public Service Commission
constituted in relation to the affairs of the Federation shall be
appointed by the President 845[on the advice of the Prime Minister]845.
The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor
on advice of the Chief Minister.
Notwithstanding anything contained in clause (4), the office of the chairman, Joint chiefs of staff committee shall stand
abolished with effect from the twenty-seventh day of November two thousand and twenty-five.
(6)
The Prime Minister shall, on the recommendation of the chief of the Army staff concurrently the chief of the Defense Forces,
appoint the Commander of the National Strategic Command from the members of Pakistan Army and shall also determine his salary
and allowances.
(7)
Where the Federal Government promotes a member of the Armed Forces to the rank of Field Marshal, Marshal of the Air Force
or Admiral of the Fleet, such officer shall retain the rank, privileges and remain in uniform for life.
(8)
Field Marshal, Marshal of the Air Force and Admiral of the Fleet, being national heroes, shall not be removed from office
except on the ground or charges and in the manner provided under Article 47.
(9)
The provisions of Article 248, as applicable to the President, shall mutatis mutandis apply to Field Marshal, Marshal of the Air Force and Admiral of the Fleet.
(10)
Upon completion of the term of his command, under the law, the Federal Government shall determine the responsibilities and
duties of Field Marshal, Marshal of the Air Force or Admiral of the Fleet in the interest of State.
(11)
The President shall, on advice of the Prime Minister, determine the salary, allowances and privileges of Field Marshal, Marshal
of the Air Force and Admiral of the Fleet.
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.
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.
The districts of Chitral, Dir and Swat
(which includes Kalam), 863[the Tribal Area in Kohistan
district,]863 Malakand Protected Area, the Tribal Area adjoining
864[Mansehra]864 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; 865[]865
876[Notwithstanding any judgment of any court,
the]876 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.
No criminal proceeedings whatsoever shall be
initiated or continued against the President for his life and for a
Governor during his term of office in any court.
No process for arrest or imprisonment of the president
for his life and for a Governor during his term of office, shall be
issued from any court:
Provided that the provisions of clauses (2) and (3)
shall not apply during the period the president holds a
public office after he ceases to be the President.
No civil proceedings in which relief is claimed against
the President or a Governor shall be instituted during his term of
office in respect of anything done by or not done by him in his
personal capacity whether before or after he enters upon his office
unless, at least sixty days before the proceedings are instituted,
notice in writing has been delivered to him, or sent to him in the
manner prescribed by law, stating the nature of the proceedings, the
cause of action, the name, description and place of residence of the
party by whom the proceedings are to be instituted and the relief
which the party claims.
249
Legal proceedings.
(1)
Any legal proceedings which, but for the
Constitution, could have been brought by or against the
Federation in respect of a matter which, immediately before the
commencing day, was the responsibility of the Federation and
has, under the Constitution, become the responsibility of a
Province, shall be brought by or against the Province concerned;
and if any such legal proceedings were pending in any court
immediately before the commencing day then, in those
proceedings, for the Federation the Province concerned shall, as
from that day, be deemed to have been substituted.
(2)
Any legal proceedings which, but for the Constitution,
could have been brought by or against a Province in respect of a
matter which, immediately before the commencing day, was the
responsibility of the Province and has under the Constitution become
the responsibility of the Federation, shall be brought by or against
the Federation; and if any such legal proceedings were pending in
any court immediately before the commencing day then, in those
proceedings, for the Province the Federation shall, as from that
day, be deemed to have been substituted.
250
Salaries, allowances, etc., of the President, etc.
(1)
Within two years from the commencing day,
provision shall be made by law for determining the salaries,
allowances and privileges of the President, the Speaker and
Deputy Speaker and a member of the National Assembly or a
Provincial Assembly, the Chairman and Deputy Chairman and a
member of the Senate, the Prime Minister, a Federal Minister, a
Minister of State, 879[]879 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, 880[]880 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
National language.
(1)
The National language of Pakistan is Urdu, and
arrangements shall be made for its being used for official and
other purposes within fifteen years from the commencing day.
(2)
Subject to clause (1), the English language may be
used for official purposes until arrangements are made for its
replacement by Urdu.
(3)
Without prejudice to the status of the National
language, a Provincial Assembly may by law prescribe measures for
the leaching, promotion and use of a Provincial language in addition
to the National language.
252
Special provisions in relation to major ports and aerodromes.
(1)
Notwithstanding anything contained in the
Constitution or in any law, the President may, by public
notification, direct that, for a period not exceeding three
months from a specified date, a specified law, whether a Federal
law or a Provincial law, shall not apply to a specified major
port or major aerodrome, or shall apply to a specified major
port or major aerodrome subject to specified exceptions or modifications.
(2)
The giving of a direction under this Article in
relation to any law shall not affect the operation of the law prior
to the date specified in the direction.
prescribe the maximum limits as to property
or any class thereof which may be owned, held, possessed or
controlled by any person; and
(b)
declare that any trade, business, industry
or service specified in such law shall be carried on or
owned, to the exclusion complete or partial, of other
persons, by the Federal Government or a Provincial
Government, or by a corporation controlled by any such Government.
(2)
Any law which permits a person to own beneficially or
possess beneficially an area of land greater than that which,
immediately before the commencing day, he could have lawfully owned
beneficially or possessed beneficially shall be invalid.
254
Failure to comply with requirement as to time does not render an act invalid. When any act or thing is required by the Constitution to
be done within a particular period and it is not done within that
period, the doing of the act or thing shall not be invalid or
otherwise ineffective by reason only that it was not done within
that period.
255
Oath of office.
(1)
An oath required to be made by a person under the
Constitution shall 882[preferably be made in Urdu or]882 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
883[the Chief Justice of a High Court, in case of a Province and by the Chief Justice of Pakistan, in all other cases]883.
(3)
Where, under the Constitution, a person is required to
make an oath before he enters upon an office, he shall be deemed to
have entered upon the office on the day on which he makes the oath.
256
Private armies forbidden. No private organization capable of functioning as a
military organization shall be formed, and any such organization
shall be illegal.
257
Provision relating to the State of Jammu and Kashmir. When the people of the State of Jammu and Kashmir decide
to accede to Pakistan, the relationship between Pakistan and the
State shall be determined in accordance with the wishes of the
people of that State.
258
Government of territories outside Provinces. Subject to the Constitution, until 884[Majlis-e-Shoora (Parliament)]884 by law otherwise provides, the President may, by Order,
make provisions for peace and good government of any part of
Pakistan not forming part of a Province.
259
Awards.
(1)
No citizen shall accept any title, 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 885[, meritorious service in the Armed Forces]885, 886[academic
distinction or distinction in the field of sports 887[, science, technology, medicine, arts or public service]887]886, 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 gallantry888[, meritorious service in the Armed Forces]888, or academic distinction shall stand annulled.
Chapter 5: Interpretation.
260
Definitions.
(1)
In the Constitution, unless the context otherwise
requires, the following expressions have the meaning hereby
respectively assigned to them, that is to say,
"Act of 889[Majlis-e-Shoora (Parliament)]889" means
an Act passed by 890[Majlis-e-Shoora (Parliament)]890 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 Justice", in relation to the 892[Federal Constitutional Court or the]892 Supreme Court or a High
Court, includes the Judge for the time being acting as Chief
Justice of the Court;
"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 896[Majlis-e-Shoora (Parliament)]896;
"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 897[Federal Constitutional Court or the]897 Supreme Court or a High Court,
includes the Chief Justice of the Court and also includes-
898[
(a)
in relation to the Federal Constitutional Court, a
person who is acting as a Judge of the Court;
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 901[Majlis-e-Shoora (Parliament)]901 or of a Provincial Assembly, but does not
include service as 902[President]902 Speaker, Deputy Speaker, Chairman, Deputy
Chairman, Prime Minister, Federal Minister, Minister of State,
Chief Minister, Provincial Minister903[, Attorney-General,
904[Advocate-General,]904 Parliamentary Secretary]903905[, 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]905 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
In the Constitution "Act of 907[Majlis-e-Shoora (Parliament)]907" 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.
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.
Person acting in office not to be regarded as successor to previous occupant or office, etc. For the purposes of the Constitution, a person who acts
an office shall not be regarded as the successor to the person who
held that office before him or as the predecessor to the person who
holds that office after him.
262
Gregorian calendar to be used. (1) For the purpose of the Constitution, period of time
shall be reckoned according to the Gregorian calendar.
263
Gender and number. (1) In the Constitution,
(a)
words importing the masculine gender shall be
taken to include females; and
(b)
words in the singular shall include the plural,
and words in the plural shall include the singular.
264
Effect or repeal of laws. Where a law is repealed or is deemed to have been
repealed, by, under, or by virtue of the Constitution, the repeal
shall not except as otherwise provided in the constitution,
(a)
revive anything not in force or existing at the
time at which the repeal takes effect;
(b)
affect the previous operation of the law or
anything duly done or suffered under the law;
(c)
affect any right, privilege, obligation or
liability acquired, accrued or incurred under the law;
(d)
affect any penalty, forfeiture or punishment
incurred in respect of any offence committed against the law; or
(e)
affect any investigation legal proceeding or
remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may he imposed, as if the law had not been
repealed.
Chapter 6: Title, Commencement and Repeal
265
Title of Constitution and commencement.
(1)
This Constitution shall be known as the
Constitution of the Islamic Republic of Pakistan.
(2)
Subject to clauses (3) and (4), the Constitution
shall come into force on the fourteenth day of August, one
thousand nine hundred and seventy three or on such earlier day
as the President may, by notification in the official Gazette,
appoint, in the Constitution referred to as the "commencing day."
(3)
The Constitution shall, to the extent necessary
(a)
for the constitution of the first Senate;
(b)
for the first meeting of a House or a joint
sitting to be held;
(c)
for the election of the President and the
Prime Minister to be held; and
(d)
to enable any other thing to be done which,
for the purposes of the Constitution, it is necessary to do
before the commencing day,
come into force upon the enactment of the
Constitution, but the person elected as President or Prime
Minister shall not enter upon his office before the commencing day.
(4)
Where by the Constitution a power is conferred to make
rules or to issue orders with respect to the enforcement of any
provision thereof, or with respect to the establishment of any Court
or office, or the appointment of any Judge or office thereunder, or
with respect to the person by whom, or the time when, or the place
where, or the manner in which, anything is to be done under any such
provisions, then that power may be exercised at any time between the
enactment of the Constitution and its commencement.
266
Repeal. The Interim Constitution of the Islamic Republic of
Pakistan, together with the Acts and President's Orders making
omissions from, additions to, modifications of, or amendments in,
that Constitution is hereby repealed.
Chapter 7: Transitional.
267
Power of president to remove difficulties.
(1)
At any time before the commencing day, or before
the expiration of three months from the commencing day, the
President may, for the purpose of removing any difficulties, or
for bringing the provisions of the Constitution into effective
operation, by Order, direct that the provisions of the
Constitution shall, during such period as may be specified in
the Order, have effect, subject to such adaptations, whether by
way of modification, addition or omission, as he may deem to be
necessary or expedient.
(2)
An Order made under clause (1) shall be laid before
both Houses without undue delay, and shall remain in force until a
resolution disapproving it is passed by each House or, in case of
disagreement between the two Houses, until such resolution is passed
at a joint sitting.
If any difficulty arises in giving effect to the
provisions of the Constitution (Eighteenth Amendment) Act, 2010,
hereinafter in this Article referred as the Act, or for bringing the
provisions of the Act into effective operation, the matter shall be
laid before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act shall, during such
period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition
or omission, as may be deemed necessary or expedient:
Provided that this power shall be available for a period of one year from the commencement of the Act.
267B.
Removal of doubt.- For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution
(Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed to always to have been
so omitted and substituted.
Continuance in force, and adaptation of certain laws.
(1)
Except as provided by this Article, all existing
laws shall, subject to the Constitution, continue in force, so
far as applicable and with the necessary adaptations, until
altered, repealed or amended by the appropriate Legislature.
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 916 authorise the Governor of
a Province to exercise, in relation to the Province, the powers
conferred on the President by clause (3) in respect of laws
relating to matters with respect to which the Provincial
Assembly has power to make laws.
(5)
The powers exercisable under clauses (3) and (4)
shall be subject to the provisions of an Act of the appropriate Legislature.
(6)
Any court, tribunal or authority required or
empowered to enforce an existing law shall, notwithstanding that
no adaptations have been made in such law by an Order made under
clause (3) or clause (4), construe the law with all such
adaptations as are necessary to bring it into accord with the
provisions of the Constitution.
(7)
In this Article, "existing laws" means all laws
(including Ordinances, Orders-in-Council, Orders, rules, by-laws,
regulations and Letters Patent constituting a High Court, and any
notifications and other legal instruments having the force of law)
in force in Pakistan or any part thereof, or having extraterritorial
validity, immediately before the commencing day.
Explanation:- In
this Article, "in force", in relation to any law, means having
effect as law whether or not the law has been brought into
operation.
269
Validation of laws, acts, etc.
(1)
All Proclamations, President's Orders, Martial Law
Regulations, Martial Law Orders and all other laws made between
the twentieth day of December, one thousand nine hundred and
seventy one and the twentieth day of April, one thousand nine
hundred and seventy-two (both days inclusive), are hereby
declared notwithstanding any judgment of any Court, to have been
validly made by competent authority and shall not be called in
question in any court on any ground whatsoever.
(2)
All orders made, proceedings taken and acts done
by any authority, or by any person, which were made, taken or
done, or purported to have been made, taken or done, between the
twentieth day of December, one thousand nine hundred and
seventy-one, and the twentieth day of April, one thousand nine
hundred and seventy-two (both days inclusive) in exercise of
the powers derived from any President's Orders, Martial low
Regulations, Martial Law Orders, enactments, notifications,
rules, orders or by-laws, or in execution of any orders made or
sentences passed by any authority in the exercise or purported
exercise of powers as aforesaid, shall, notwithstanding any
judgment of any count, be deemed to be and always to have been
validly made, taken or done and shall not be called in question
in any court on any ground whatsoever.
(3)
No suit or other legal proceedings shall lie in any
court against any authority or any person for or on account of or in
respect of any order made, proceedings taken or act done whether in
the exercise or purported exercise of the powers referred to in
clause (2) or in execution of or in compliance with orders made or
sentences passed in exercise or purported exercise of such powers.
270
Temporary validation of certain laws, etc.
(1)
917[Majlis-e-Shoora (Parliament)]917 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 918[Majlis-e-Shoora (Parliament)]918 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 919[Majlis-e-Shoora (Parliament)]919 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.
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), 921[]921 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.
The Proclamation of Emergency of the fourteenth day of
October, 1999, the Provisional Constitution Order No. 1 of 1999, the
Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief
Executivce's Order No. 12 of 2002, Chief Executive's Order No. 19 of
2002, the amendments made in the Constitution through the Legal
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the
Legal Framework (Amendment) Order, 2002 (Chief Executive's Order
No. 29 of 2002) and Legal Framework (Second Amendment) Order, 2002
(Chief Executive's Order No. 32 of 2002), notwithstanding any judgment
of any court including the Supreme Court or a High Court, are hereby
declared as having been made without lawful authority and of no legal
effect.
(2)
Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all laws
including President's Orders, Acts, Ordinances, Chief Executive Orders, regulations, enactments, notifications, rules, orders
or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of
October, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed
or amended by the competent authority.
Explanation:- For the purposes of clause (2) and clause (6), "competent authority" means,-
(a)
in respect of Presidents' Orders, Ordinances, Chief Executive's Orders and all other laws, the appropriate Legislature; and
(b)
in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter or amend the same
vests under the law.
(3)
Notwithstanding anything contained in the Constitution or cluase (1), or judgment of any court including the Supreme Court
or a High Court,-
(a)
Judges of the Supreme Court, High Cours and Federal Shariat Court who were holding the office of a Judge or were appointed
as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (I of 2000), shall be deemed to have continued to
hold the office as a Judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment,
shall have effect accordingly.
(b)
Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath
of Office (Judges) Order, 2000, (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary
benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.
(4)
All orders make, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority,
or by any person which were made, taken or done, or purported to have been made, taken or done, in exercise of the powers
derived from any authority or laws mentioned in clause (2), or in execution of or in compliance with any orders made or sentences
passed by any authority in the exercise or purpoted exercise of powers as aforesaid, shall, notwithstanding anything contained
in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever.
(5)
No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority
or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise
or purported exercise of the powers referred to in clause (2) or clause (4) or in execution of or in compliance with orders
made or sentences passed in exercise or purported exercise of such powers.
(6)
Notwithstanding omission of the Concurrent Legislative
List by the Constitution (Eighteenth Amendment) Act, 2010, all laws
with respect to any of the matters enumerated in the said List
(including Ordinances, Orders, rules, bye-laws, regulations and
notifications and other legal instruments having the force of law) in
force in Pakistan or any part thereof, or having extra-territorial
operaiton, immediately before the commencement of the Constitution
(Eighteenth Amendment) Act, 2010, shall continue to remain in force
until altered, repealed or amended be the competent authority.
(7)
Notiwthstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before
the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied until they are varied or
abolished by an Act of the appropriate legislature.
(8)
On the omission of the Concurrent Legislative List, the process of devolution of the matters mentioned in the said List to
the Provinces shall be completed by the thirtieth day of June, two thousand and eleven.
(9)
For purposes of the devolution process under clause (8), the Federal Government shall constitute an Implementation Commission
as it may deem fit within fifteen days of the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
Elections to be deemed to be held under Constitution. Notwithstanding anything contained in the Constitution,
the elections held under the Houses (of Parliament) and Provincial
Assemblies (Elections) Order, 1977 928[and the Conduct of General elections, Order 2002 (Chief Executive's Order No. 7 of 2002),]928929[]929to the Houses and the Provincial
Assemblies shall be deemed to have been held under the Constitution
and shall have effect accordingly.
General Elections 2008.- Notwithstanding anything contained in the Constitution or any other law for the time being in force, the General Elections
2008, to the National Assembly and the Provincial Assemblies held of the eighteenth day of February, two thousand and eight
shall be deemed to have been held under the Constitution and shall have effect accordingly.
Notwithstanding anything contained in the
Constitution, but subject to 934[Article 63, ]934 Article 64 and Article 223 :-
935[
(a) the
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;
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 936[, or to be elected to the additional seats
referred to in clause (2A) of Article 51, ]936 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.
A casual vacancy in a seat in the first National
Assembly, including a vacancy in a seat in the National Assembly
of Pakistan existing before the commencing day which was not
filled before that day, caused by reason of death or resignation
of a member or consequent upon his incurring a disqualification
or ceasing to be a member as a result of the final decision of an
election petition 939[]939may be filled in the same manner in which it
would have been filled before the commencing day.
(4)
A person referred to in paragraph (a) of clause (1)
shall not sit or vote in the National Assembly until he has made the
oath prescribed by Article 65 and, if, without the leave of the
Speaker of the National Assembly granted on reasonable cause shown,
he fails to make the oath within twenty-one days from the day of
the first meeting of the Assembly, his seat shall become vacant at
the expiration of that period.
272
First 941[Constitution of]941Senate. 942[]942 Notwithstanding anything contained in the
Constitution, but subject to 943[Article 63 and]943 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.
Notwithstanding anything contained in the
Constitution, but subject to 946[Article 63, ]946 Article 64 and Article 223,
947[
(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;
the qualifications and disqualifications for
membership of the first Assembly of a Province shall, except in case
of members filling casual vacancies 948[, or to be elected to the
additional seats referred to in clause (3) of Article 106, ]948 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 949[]949may be filled
in the same manner in which it would have been filled before the
commencing day.
(3)
A member referred to in paragraph (a) of clause
(1) shall not sit or vote in the Provincial Assembly until he has
made the oath prescribed by Article 65 read with Article 127 and,
if, without leave of the Speaker of the Provincial Assembly granted
on reasonable cause shown, he fails to make the oath within twenty-
one days from the day of the first meeting of the Provincial
Assembly, his seat shall become vacant at the expiration of that
period.
274
Vesting or property, assets, rights, liabilities and obligations.
(1)
All property and assets which, immediately before the
commencing day, were vested in the President or the Federal
Government shall, as from that day, vest in the Federal
Government unless they were used for purposes which, on that
day, became purposes of the Government of a Province, in which
case they shall, as from that day, vest in the Government of the Province.
(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.
(2)
All rights, liabilities and obligations of the Federal
Government or of the Government of a Province, whether arising
out of contract or otherwise, shall as from the commencing day,
continue to be respectively the rights, liabilities and
obligations of the Federal Government or of the Government of
the Province, except that
(a)
all rights, liabilities and obligations
relating to any matter which, immediately before that day,
was the responsibility of the Federal Government, but which
under the Constitution, has become the responsibility of the
Government of a Province, shall devolve upon the Government
of that Province; and
(b)
all rights, liabilities and obligations
relating to any matter which, immediately before that day,
was the responsibility of the Government of a Province, but
which under the Constitution, has become the responsibility
of Federal Government, shall devolve upon the Federal Government.
275
Continuance in office of persons in service of Pakistan, etc.
(1)
Subject to the Constitution and until law is made
under Article 240 any person who, immediately before the
commencing day, was in the service of Pakistan shall, as from
that day, continue in the service of Pakistan on the same terms
and conditions as were applicable to him under the Interim
Constitution of the Islamic Republic of Pakistan immediately
before that day.
(2)
Clause (1) shall also apply in relation to a person
holding office immediately before the commencing day as
(a)
Chief Justice of Pakistan or other Judge of
the Supreme Court, or Chief Justice or other Judge of a High Court;
(b)
Governor of a Province;
(c)
Chief Minister of a Province;
(d)
Speaker or Deputy Speaker of the National
Assembly or a Provincial Assembly;
(e)
Chief Election Commissioner;
(f)
Attorney-General for Pakistan or Advocate-
General for a Province;
(g)
Auditor-General of Pakistan.
(3)
Notwithstanding anything contained in the
Constitution, for a period of six months from the commencing
day, a Federal Minister or a Minister of State or the Chief
Minister of a Province or a Provincial Minister may be a person
who is not a member of 951[Majlis-e-Shoora (Parliament)]951 or, as the case may be, the Provincial Assembly of
that Province; and such Chief Minister and Provincial Minister
shall have the right to speak and otherwise take part in the
proceedings of the Provincial Assembly or any committee thereof
of which he may be named a member, but shall not by virtue of
this clause be entitled to vote.
(4)
Any person who under this Article, is continued in an
office in respect of which a form of oath is set out in the
Third Schedule shall, as soon as is practicable after the
commencing day make before the appropriate person oath in that form.
(5)
Subject to the Constitution and law
(a)
all civil, criminal and revenue Courts
exercising jurisdiction and functions immediately before the
commencing day shall, as from that day, continue to exercise
their respective jurisdictions and functions; and
(b)
all authorities and all offices (whether
judicial, executive, revenue or ministerial) throughout
Pakistan exercising functions immediately before the
commencing day shall, as from that day, continue to exercise
their respective functions.
276
Oath of first President. Notwithstanding anything contained in the Constitution,
the first President may, in the absence of the Chief Justice of
Pakistan, make the oath referred to in Article 42 before the Speaker
of the National Assembly.
277
Transitional, financial provisions.
(1)
The schedule of authorized expenditure authenticated
by the President for the financial year ending on the thirtieth
day of June, one thousand nine hundred and seventy-four, shall
continue to remain a valid authority for expenditure from the
Federal Consolidated Fund for that year.
(2)
The President may, in respect of expenditure of the
Federal Government for any financial year preceding the
Financial year commencing on the first day of July, one thousand
nine hundred and seventy-three (being expenditure in excess of
the authorized expenditure for that year), authorize the
withdrawal of money from the Federal Consolidated Fund.
(3)
The provisions of clauses (1) and (2) shall apply to
and in relation to a Province, and for that purpose
(a)
any reference in those provisions to the
President shall be read as a reference to the Governor of
the Province;
(b)
any reference in those provisions to the
Federal Government shall be read as a reference to the
Government of the Province; and
(c)
any reference in those provisions to the
Federal Consolidated Fund shall read as a reference to the
Provincial Consolidated Fund of the Province.
278
Accounts not audited before commencing day. The Auditor-General shall perform the same functions
and exercise the same powers in relation to accounts which have not
been completed or audited before the commencing day as, by virtue of
the Constitution, he is empowered to perform or exercise in relation
to other accounts, and Article 171 shall, with the necessary
modifications, apply accordingly.
279
Continuance of taxes. Notwithstanding anything contained in the Constitution,
all taxes and fees levied under any law in force immediately before
the commencing day shall continue to be levied until they are varied
or abolished by Act of the appropriate Legislature.
280
Continuance of Proclamation of Emergency. The Proclamation of Emergency issued on the twenty-
third day of November, one thousand nine hundred and seventy-one,
shall be deemed to be a Proclamation of Emergency issued under
Article 232, and for the proposes of clause (7) and clause (8)
thereof to have been issued on the commencing day, and any law, rule
or order made or purporting to have been made in pursuance of that
Proclamation shall be deemed to have been validly made 952[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.]952
Whereas sovereignty over the entire universe belongs to Allah Almighty
alone and the authority which He has delegated to the State of Pakistan,
through its people for being exercised within the limits prescribed by
Him is a sacred trust;
This Constituent Assembly representing the people of Pakistan resolves
to frame a Constitution for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the
chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and
social justice as enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual
and collective spheres in accordance with the teachings and requirements
of Islam as set out in the Holy Quran and the Sunnah;
Wherein adequate provision shall be made for the minorities to 954[freely]954955
profess
and practice their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan
and such other territories as may hereafter be included in or accede to
Pakistan shall form a Federation wherein the units will be autonomous with
such boundaries and limitations on their powers and authority as may be
prescribed;
Wherein shall be guaranteed fundamental rights including equality of
status, of opportunity and before law, social, economic and political justice,
and freedom of thought, expression, belief, faith, worship and association,
subject to law and public morality;
Wherein adequate provisions 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 includ-ing its sovereign rights on land, sea and air
shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful
and honored place amongst the nations of the World and make their full
contribution towards international peace and progress and happiness of
humanity.
The Anti-Terrorism Act, 1997 (XXVII of 1997), only to the extent of
sub-clause (iv) of clause (d) of sub-section (1) of section 2 of the Pakistab Army Act 1952 (XXXIX of 1952), added through
the Pakistan Army (Amendment) Act, 2017 (XI of 2017).
The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 of
1961).
2.
The Companies (Managing Agency and Election of Directors) Order,
1972 (P. O. No. 2 of 1972).
3.
The Cooperative Societies (Reforms) Order, 1972 (P. O. No. 9 of
1972).
4.
The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of
1972).
5.
The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14
of 1972).
6.
The Rulers of Acceding States (Abolition of Privy
Purses and Privileges) Order, 1972 (P. O. No. 15 of 1972).
7.
The Industrial Sanctions and Licences (Cancellation) Order, 1972
(P. O. No. 16 of 1972).
8.
The Criminal Law Amendment (Special Court) Order, 1972 (P. O. No.
20 of 1972).
II. Regulations
1.
Rawalpindi (Requisition of Property) Regulation, 1959.
2.
The Pakistan Capital Regulation, 1960.
3.
The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4.
The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5.
The Improper Acquisition of Property Regulation, 1969.
6.
The Removal from Service (Special Provisions) Regulation, 1969.
7.
The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8.
The Government Agricultural Land (Recovery of Illegal Possession)
Regulation, 1969.
10.
The Withdrawal of Currency Notes (High Denomination) Regulation,
1971.
11.
The Price of Evacuee Property and Public Dues (Recovery) Regulation,
1971.
12.
The Peshawar District and Tribal Areas (Settlement of Disputes)
Regulation, 1971.
13.
The Convention Muslim League and Awami League (Scrutiny of Funds)
Regulation, 1971.
14.
The Foreign Exchange Repatriation Regulation, 1972.
15.
The Foreign Assets (Declaration) Regulation, 1972.
16.
The Removal from Service (Review Petition) Regulation, 1972.
17.
The Privately Managed Schools and Colleges (Taking Over) Regulation,
1972.
18.
The Enemy Property (Revocation of Sales) Regulation, 1972.
19.
The Dir and Swat (Devolution and Distribution of Property) Regulation,
1972.
21.
The West Pakistan Industrial Development Corporation (Revocation
of Sale or Transfer) Regulation, 1972.
22.
The National Press Trust (Suspension of Board of Trustees and Directors)
Regulation, 1972.
23.
The Cooperative Banks (Repayment of Loans) (Punjab) Regulation
1972.
24.
The Cooperative Societies (Repayment of Loans) (Sind) Regulation,
1972.
III. Ordinances Promulgated by The President
1.
The Control of Shipping Ordinance, 1959 (XIII of 1959).
2.
The Jammu and Kashmir (Administration of Property) Ordinance, 1961
(III of 1961).
3.
The Muslim Family Laws Ordinance, 1961 (VIII of 1961 (XIV of 1961).
4.
The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5.
The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX
of 1961).
6.
The Trade Organizations Ordinance, 1961 (XLV of 1961).
IV. Federal Acts
The Censorship of Films Act, 1963 (XVIII of 1963).
V. Ordinances Promulgated By The Governor of Former Province Of West Pakistan
1.
The West Pakistan Government Educational and Training Institutions Ordinance,
1960 (W. P. Ordinance No. XI of 1960).
2.
The West Pakistan Waqf Properties Ordinance, 1961 (W. P. Ordinance
No. XXVIII of 1961).
3.
The Societies Registration (West Pakistan Amendment) Ordinance,
1962 (W. P. Ordinance No. IX of 1962).
4.
The West Pakistan Industries (Control on Establishment and Enlargement)
Ordinance, 1963 (W. P. Ordinance No. IV of 1963).
VI. Ordinances Promulgated By The Governor Of The North-West Frontier
Province.
1.
The North-West Frontier Province Government Educational and Training
Institutions Ordinance, 1971 (N. W. F. P. Ordinance No. III of 1971).
2.
The North-West Frontier Province Chashma Right Bank Canal Project
(Control and Prevention of Speculation in Land) Ordinance, 1971 (N. W.
F. P. Ordinance No. V of 1971).
3.
The North-West Frontier Province Gomal Zam Project (Control and
Prevention of Speculation in Land) Ordinance, 1971 (N. W. F. P. Ordinance
No. VIII of 1971).
The 965[Election Commission of Pakistan]965 shall hold and conduct election to the
office of President, and 966[Chief Election Commissioner]966 shall be the Returning Officer for such election.
2.
The 967[Election Commission of Pakistan]967 shall appoint Presiding Officers to preside at
the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings
of the members of the Provincial Assemblies.
3.
The Chief Election Commissioner shall by public notification fix the time
and place for depositing nomination papers, holding a scrutiny, making
withdrawals, if any, and holding the poll, if necessary.
4.
At any time before noon on the day fixed for nomination any member of the
Majlis-e-Shoora (Parliament) or of the Majlis-e-Shoora (Parliament) or
of a Provincial Assembly may nominate for election as President a person
qualified for election as President by delivering to the Presiding Officer
a nomination paper, signed by himself as proposer and by another member
of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as
seconder, together with a statement signed by the person nominated that
he consents to the nomination:
Provided that no person shall subscribe, whether as proposer or as seconder,
more than one nomination paper at any one election.
5.
The scrutiny shall be held by the Chief Election Commissioner at the time
and place fixed by him, and if after scrutiny only one person remains validly
nominated, the Chief Election Commissioner shall declare that person to
be elected, or if more than one person remains validly nominated, he shall
announce, by public notification, the names of the persons validly nominated,
to be hereinafter called the candidates.
6.
A candidate may withdraw his candidature at any time before noon on the
day fixed for this purpose by delivering a notice in writing under his
hand to the Presiding Officer with whom his nomination paper has been deposited,
and a candidate who has given a notice of withdrawal of his candidature
under this paragraph shall not be allowed to cancel that notice.
7.
If all but one of the candidates have withdrawn, that one shall be declared
by the Chief Election Commissioner to be elected.
8.
If there is no withdrawal, or if, after withdrawals have taken place, two
or more candidates are left, the Chief Election Commissioner shall announce
by public notification the names of the candidates, and their proposers
and seconders, and shall proceed to hold a poll by secret ballot in accordance
with the provisions of the succeeding paragraphs.
9.
If a candidate whose nomination has been found to be in order dies after
the time for nomination, and a report of his death is received by the Presiding
Officer before the commencement of the poll, the Presiding Officer shall,
upon, being satisfied of the fact of the death of the candidate, countermand
the poll and report the fact to the Chief Election Commissioner, and all
proceedings with reference to the election shall be commenced anew in all
respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a
candidate whose nomination was valid at the time of the countermanding
of the poll:
Provided further that no person who has under paragraph 6 of the this Schedule
given notice of withdrawal of his candidature before the countermanding
of the poll shall be ineligible for being nominated as a candidate for
the election after such countermanding.
10.
The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament)
and of each Provincial Assembly, and respective Presiding Officers shall
conduct the poll with the assistance of such officers as they may, with
the approval of the Chief Election Commissioner, respectively appoint.
11.
A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament),
and of each Provincial Assembly, who presents himself for voting at the
meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be, of the Provincial
Assembly of which he is a member (hereinafter referred to as a person voting),
and he shall exercise his vote personally by marking the paper in accordance with the provisions of
the succeeding paragraphs.
12.
The poll shall be secret ballot by means of ballot papers containing
the names of all the candidates in alphabetical order who have not withdrawn,
and person voting shall vote by placing a mark against the name of the person for whom he wishes to
vote.
13.
Ballot papers shall be issued from a book of ballot-papers with couterfoils,
each counterfoil being numbered; and when a ballot paper is issued to a
person voting his name shall be entered on the counterfoil, and the ballot
paper shall be authenticated by the initials of the Presiding Officer.
14.
A ballot paper having been marked by the person voting shall be deposited
by that person in a ballot box to be placed in front of the Presiding Officer.
15.
If a ballot paper is spoiled by a person voting he may return it to
the Presiding Officer, who shall issue a second ballot paper, canceling
the first ballot paper and marking the cancellation on the appropriate
counterfoil.
16.
A ballot paper shall be invalid if:-
(i)
there is upon it any name, word or mark, by which the person voting
may be identified; or
(ii)
it does not contain the initials of the Presiding Officer; or
(iii)
it does not contain a mark; or
(iv)
a mark is placed against the names of two or more candidates; or
(v)
there is any uncertainty as to the identity of the candidate against
whose name the mark is placed.
17.
After the close of the poll each Presiding Officer shall, in the presence
of such of the candidates or their authorized representatives as may desire
to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any
which are invalid, count the number of votes recorded for each candidate
on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election.
18.
(1)
The Chief Election Commissioner shall determine the result of the
election in the following manner, namely:-
(a)
the number of votes cast in the Majlis-e-Shoora (Parliament) in
favor of each candidate shall be counted;
(b)
the number of votes cast in a Provincial Assembly in favor of each
candidate shall be multiplied by the total number of seats in the Provincial
Assembly for the time being having the smallest number of seats and divided by the total number
of seats in the Provincial Assembly in which the votes have been cast;
and
(c)
the number of votes calculated in the manner referred to in clause
(b) shall be added to the number of votes counted under clause (a).
Explanation: In this paragraph, "total number of seats" includes seats
reserved for non-Muslims and women.
(2)
A fraction shall be rounded off to the nearest whole.
19.
The candidate who has obtained the largest number of votes compiled
in the manner specified in paragraph 18 shall be declared by the Chief
Election Commissioner to be elected.
20.
Where at any poll any two or more candidates obtain an equal number
of votes, the selection of the candidate to be elected shall be by drawing
of lots.
21.
When, after any poll, the counting of the votes has been completed,
and the result of the voting determined, the Chief Election Commissioner
shall forthwith announce the result to those present, and shall report the result to the Federal Government,
who shall forthwith cause the result to be declared by a public notification.
22.
The 968[Election Commission of Pakistan]968 may, by public notification, with the approval
of the President, make rules for carrying out the purposes of this Schedule.
Third Schedule
Oaths of Office
President
[Article 42]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of
Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets
and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran
and Sunnah:
That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability,
faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest
of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or
ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my
duties as President.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do swear solemnly that l am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of
Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets
and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran
and Sunnah:
That I will bear true faith and allegiance to Pakistan:
That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, hon-estly, to the best of my ability,
faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest
of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or
ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Prime Minister except as may be required for the due discharge of my duties as
Prime Minister.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Federal Minister (or Minister of State); I will discharge my duties, and perform my func-tions, honestly, to the
best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always
in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or
ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Federal Minister (or Minister of State), except as may be required for the due
discharge of my duties as Federal Minister (or Minister of State), or as may be specially permitted by the Prime Minister.
Speaker of National Assembly or Chairman of Senate
[Article 53(2) and 61]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am called upon to act as President of
Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, accordance
with the Constitution of the Islamic Republic of Pakistan, the law and as Speaker of the National Assembly in accordance with
the rules of the Assembly (or as Chairman of the Senate in accordance with the rules of the Senate), and always in the interest
of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection
or ill- will.
Deputy Speaker of National Assembly or Deputy Chairman Of Senate
[Article 53(2) and 61]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, whenever I am called upon to act as Speaker of the National Assembly (or Chairman of the Senate), I will discharge my
duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the
Islamic Republic of Pakistan, the law and the rules of the Assembly (or Senate), and always in the interest of the sovereignty,
integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection
or ill-will.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully,
in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and the rules of the Assembly (or Senate),
and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.
May Allah Almighty help and guide me (A'meen).
Governor of Province
[Article 102]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as the Governor of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to
the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and
always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or
ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Governor of the Province of ____________ except as may be required for the due
discharge of my duties as Governor.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as a Chief Minister (or Minister) of the Government of the Province of ____________, I will discharge my duties, and
perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic
of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity
of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or
ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Chief Minister (or Minister) except as may be required for the due discharge
of my duties as Chief Minister (or Minister) or as may be specially permitted by the Chief Minister.
(In the name of Allah, the most Beneficent, the most Merciful)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Speaker of the Provincial Assembly of the Province of ____________, 978[and whenever I am called upon to act as Governor, I will discharge]978 my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution
of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty,
integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection
or ill- will.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province of ____________, I will discharge
my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of
the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity,
solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection
or ill- will.
(In the name of Allah, the most Beneficent the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as a member of the Provincial Assembly of ____________, I will perform my functions honestly to the best of my ability
faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly,
and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, _________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Auditor- General of Pakistan, I will discharge my duties and perform my functions honestly, faithfully in accordance
with the Constitution of the Islamic Republic of Pakistan and the law and to the best of my knowledge, ability and judgment,
without fear or favor, affection or ill- will, and that I will not allow my personal interest to influence my official conduct
or my official decisions.
983[CHIEF JUSTICE OF THE FEDERAL CONSTITUTIONAL COURT OF
PAKISTAN OR CHIEF JUSTICE OF THE SUPREME COURT OF
PAKISTAN OR OF A HIGH COURT OR JUDGE OF THE FEDERAL
CONSTITUTIONAL COURT OR OF THE SUPREME COURT OR OF A
HIGH COURT.]983
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as 985[Chief Justice of the Federal
Constitutional Court of Pakistan (or a Judge of the Federal
Constitutional Court of Pakistan) or Chief Justice of the Supreme
Court of Pakistan (or a Judge of the Supreme Court of Pakistan) or
Chief Justice (or a Judge) of the High Court for the Province or
lslamabad Capital Territory or Provinces of ____________)]985 I will discharge my duties, and
perform my functions, honestly to the best of my ability and
faithfully in accordance with the Constitution of the Islamic Republic
of Pakistan and the law:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection
or ill-will.
(In the name of Allah the most Beneficent, the most Merciful.)
I, ______________________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), I will discharge my duties,
and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the Constitution of the
Islamic Republic of Pakistan and the law:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection
or ill-will.
Chief Election Commissioner 994[or a Member of the Election Commission of Pakistan]994
[Article 214]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that as Chief Election Commissioner, 995[or, as the case may be, member of the Election Commission of Pakistan]995 I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with
the Constitution of the Islamic Republic of Pakistan and the law, and without fear or favor, affection or ill- will, and that
I will not allow my personal interest to influence my official conduct or my official decisions.
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the
Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities
whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required
by and under the law.
The defence of the Federation or any part thereof in peace or war; the military, naval and air forces of the Federation and
any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but
are attached to or operating with any of the Armed Forces of the Federation including civil armed forces; Federal Intelligence
Bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or
any part thereof; person subjected to such detention; industries declared by Federal law to be necessary for the purpose of
defence or for the prosecution of war.
2.
Military, naval and air force works; local self-government in cantonment areas, 998[local taxes, fees, cess, charges, tolls in such areas]998 the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas,
and the delimitation of such areas.
3.
External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with
other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.
4.
Nationality, citizenship and naturalization.
5.
Migration from or into, or settlement in, a Province or the Federal Capital.
6.
Admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements
in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan.
7.
Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; Post Office Saving
Bank.
8.
Currency, coinage and legal tender.
9.
Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.
10.
Public debt of the Federation, including the borrowing of money on the security of the Federal Consolidated Fund; foreign
loans and foreign aid.
11.
Federal Public Services and Federal Public Service Commission.
12.
Federal Pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.
13.
Federal Ombudsmen.
14.
Administrative Courts and Tribunals for Federal subjects.
15.
Libraries, museums, and similar institutions controlled or financed by the Federation.
16.
Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training,
or for the promotion of special studies.
17.
Education as respects Pakistani students in foreign countries and foreign students in Pakistan.
18.
Nuclear energy, including:-
(a)
mineral resources necessary for the generation of nuclear energy;
(b)
the production of nuclear fuels and the generation and use of nuclear energy, and
Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.
23.
Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.
24.
Carriage of passengers and goods by sea or by air.
25.
Copyright, inventions, designs, trademarks and merchandise marks.
26.
Opium so far as regards sale for export.
27.
Import and export across customs frontiers as deemed by the Federal Government, inter-provincial trade and commerce, trade
and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.
28.
State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned
or controlled by a Province and carrying on business only within that Province.
29.
The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance
business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province
by virtue of any matter within the legislative competence of the Provincial Assembly.
30.
Stock exchanges and future markets with objects and business not confined to one Province.
31.
Corporations, that is to say, the incorporation, regulation and winding- up of trading corporations, including banking, insurance
and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only
within that Province, or cooperative societies, and of corporations, whether trading or not, with objects not confined to
a Province, but not including universities.
Federal surveys including geological surveys and Federal meteorological organizations.
36.
Fishing and fisheries beyond territorial waters.
37.
Works, lands and buildings vested in, or in the possession of Government for the purposes of the Federation (not being military,
naval or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save
in so far as Federal law otherwise provides.
Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner
and Election Commissions.
42.
The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembly, Chairman and
Deputy Chairman of the Senate, Prime Minister, Federal Minister, Ministers of State, the salaries, allowances and privileges
of the members of the Senate and the National Assembly, and the punishment of persons who refuse to give evidence or produce
documents before committees thereof.
43.
Duties of customs, including export duties.
44.
Duties of excise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics.
Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed 1008[, except sales tax on services]1008.
50.
Taxes on the capital value of the assets, not including taxes 1009[]1009 on immovable property.
51.
Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.
52.
Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of
any one or more of them.
53.
Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.
54.
Fees in respect of any of the matters in this Part, but not including fees taken in any court.
55.
Jurisdiction and powers of all courts, except the 1010[Federal Constitutional Court and
the Supreme Court]1010, with respect to any of the matters in this list and, to such extent as is expressly authorized by or under the Constitution,
the enlargement of the jurisdiction of the 1011[Federal Constitutional Court and
the Supreme Court]1011, and the conferring thereon of supplemental powers.
56.
Offences against laws with respect to any of the matters in this Part.
57.
Inquiries and statistics for the purposes of any of the matters in this Part.
58.
Matters which under the Constitution are within the legislative competence of Majlis- e-Shoora (Parliament) or relate to the
Federation.
59.
Matters incidental or ancillary to any matter enumerated in this Part.
PART II
1.
Railways.
2.
Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously inflammable.
3.
Development of industries, where development under Federal control is declared by Federal law to be expedient in the public
interest; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately
before the commencing day, including the 1012[Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation]1012; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects
and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.
Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities
therein.
6.
All regulatory authorities established under a Federal law.
7.
National planning and national economic coordination including planning and coordination of scientific and technological research.
8.
Supervision and management of public debt.
9.
Census.
10.
Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province,
but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent
of the Government of that Province; extension of the powers and jurisdiction of a police force belonging to any Pronvice to
railway areas outside that Province.
11.
Legal, medical and other professions.
12.
Standards in institutions for higher education and research, scientific and technical institutions.
Remuneration and Terms and Conditions of Service of Judges
[Article 205]
1021[THE FEDERAL CONSTITUTIONAL COURT AND THE SUPREME COURT]1021
1.
There shall be paid to the Chief Justice of 1022[the Federal Constitutional Court and
the Chief Justice of the Supreme Court]1022 a salary of Rs. 1023[9,900]1023 per mensem, and to every other Judge of the Supreme Court a salary of Rs. 1024[9,500]1024 per mensem 1025[or such higher salary as the President may, from time to time, determine]1025.
2.
Every Judge of the 1026[Federal Constitutional Court and
the Supreme Court]1026 shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may
be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before
the commencing day, the Judges of the 1027[Federal Constitutional Court and
the Supreme Court]10271028[]1028 of Pakistan were entitled.
The pension payable to a retired Judge of the 1030[Federal Constitutional Court and
the Supreme Court]1030 per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service
as Judge in that Court or a High Court:
Provided that the President may, form time to time, raise the minimum or maximum amount of pension so specified :-
The widow of a Judge of the 1031[Federal Constitutional Court and
the Supreme Court]1031 shall be entitled to a pension at the following rates, namely -
(a)
if the Judge dies after retirement 50 percent of the net pension payable to him; or
(b)
if the Judge dies after having rendered not less than three year's service as Judge and while still serving as such 50 per
cent of the pension admissible to him at the minimum rate.
5.
The pension shall be payable to the widow for life or, if she remarries, until her marriage.
6.
If the widow dies, the pension shall be payable--
(a)
to the sons of the Judge who are less than twenty- one years of age, until they attain that age; and
(b)
to the unmarried daughters of the Judge who are less than twenty- one years of age, until they attain that age or are married,
whichever first occurs.
The High Court
1.
There shall be paid to the Chief Justice of a High Court a salary of Rs 1032[9,400]1032 per mensem and to every other Judge of a High Court a salary of Rs. 1033[8,400]1033 per mensem 1034[or such higher salary as the President may, from time to time, determine]1034.
2.
Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of
absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights,
to which, immediately before the commencing day, the Judges of the High Court were entitled.
The pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service
as such Judge shall not be less or more than the amount specified in the table below, depending on the his service as Judge
and total service, if any, in the service of Pakistan :
Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified :-
The widow of a Judge of the High Court shall be entitled to a pension at the following rates, namely:-
(a)
if the Judge dies after retirementÐ 50 per cent of the net pension payable to him; or
(b)
if the judge dies after having rendered not less than five years service as Judge and while still serving as such - 50 per
cent of the pension admissible to him at the minimum rate.
5.
The pension shall be payable to the widow for life, or, if she remarries, until her marriage.
6.
If the widow dies, the pension shall be payable--
(a)
to the sons of the Judge who are less than twenty- one years of age, until they attain that age; and
(b)
to the unmarried daughters of the Judge who are less than twenty- one years of age, until they attain that age or are married,
whichever first occurs.
Footnotes
Part I: Introductory
1
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 2
(with effect from
May 4, 1974) for :
(2)
The Constitution shall apply to the following
territories of Pakistan:
(a)
the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;
(b)
the Islamabad Capital Territory,
hereinafter referred to as the Federal Capital;
(c)
the Federally Administered Tribal Areas and
(d)
such States and territories as are or may
be included in Pakistan, whether by accession or
otherwise.
(3)
The Constitution shall be appropriately amended so
as to enable the people of the Province of East Pakistan, as
and when foreign aggression in that Province and its effects
are eliminated, to be represented in the affairs of the
Federation.
(4)
Parliament may by law admit into the Federation
new States or areas on such terms, and conditions as it
thinks fit.
2
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3
(with effect from
April 19, 2010) for "Baluchistan".
3
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3
(with effect from
April 19, 2010) for "North-West Frontier".
4
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3
(with effect from
April 19, 2010) for "Sind".
5
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 2(i)
(with effect from
May 31, 2018).
6
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 2(ii)
(with effect from
May 31, 2018) : :
(c)
Federally Administered Tribal Areas; and
7
Renumbered from "(d)". by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 2(iii)
(with effect from
May 31, 2018)
8
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
9
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art.2 and Sch.item 2
(with effect from
March 2, 1985).
10
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 3
(with effect from
March 2, 1985) for "basic".
11
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(i)
(with effect from
April 19, 2010) for :
(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.
12
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(ii)
(with effect from
April 19, 2010).
13
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(iii)
(with effect from
April 19, 2010).
14
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 2
(with effect from
November 13, 2025).
15
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
Part II, Chapter 1: Fundamental Rights
16
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
17
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2
(with effect from
November 21, 1975) for :
(b)
any of the laws specified in the First Schedule as
in force immediately before the commencing day
18[or as amended by any of the laws specified in
that Schedule]18;
18
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3
(with effect from
May 4, 1974).
19
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2
(with effect from
November 21, 1975) for "the First Schedule, not being a law which relates to, or
is connected with, economic reforms".
20
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
21
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 2
(with effect from
October 21, 2024).
22
Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2
(with effect from
February 13, 1975) for "one month".
23
Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2
(with effect from
February 13, 1975) for "one month".
24
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 3
(with effect from
November 13, 2025).
25
Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2
(with effect from
February 13, 1975) for "as soon as may be, but not later than one week".
26
Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2
(with effect from
February 13, 1975).
27
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5
(with effect from
April 19, 2010).
28
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6
(with effect from
April 19, 2010) for :
17
Freedom of association.
(1)
Every citizen shall have the right to form
associations or unions, subject to any reasonable restrictions
imposed by law in the interest of 29[sovereignty or integrity of Pakistan, public order or morality]29.
Every citizen, not being in the service of
Pakistan, shall have the right to form or be a member of a
political party, subject to any reasonable restrictions
imposed by law in the interest of the sovereignty or
integrity of Pakistan 31[or public order]31and 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 32[or public order]32, the Federal Government
shall, within fifteen days of such declaration, refer the
matter to the Supreme Court whose decision on such reference
shall be final33[:]33
34[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant
group or section.]34
(3)
Every political party shall account for the source
of its funds in accordance with law.
29
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3
(with effect from
November 21, 1975) for "morality or public order".
30
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4
(with effect from
May 4, 1974) for :
(2)
Every citizen not being in the service of Pakistan
shall have the right to form or be a member of a political
party. Every political party shall account for the source of
its funds in accordance with law.
31
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a)
(with effect from
August 21, 2002).
32
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a)
(with effect from
August 21, 2002).
33
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b)
(with effect from
August 21, 2002) for ".".
34
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b)
(with effect from
August 21, 2002).
35
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2
(with effect from
August 21, 2002).
36
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 4
(with effect from
November 13, 2025) for "Supreme Court".
37
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4
(with effect from
November 21, 1975) for "defamation".
38
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6
(with effect from
April 19, 2010).
39
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8
(with effect from
April 19, 2010) : "alone".
40
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9
(with effect from
April 19, 2010).
41
Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2
(with effect from
August 5, 1999) for "42[twenty]42".
42
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4
(with effect from
March 2, 1985) for "ten".
43
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10
(with effect from
April 19, 2010) for ".".
44
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10
(with effect from
April 19, 2010).
Part II, Chapter 2: Principles of Policy
45
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 11
(with effect from
April 19, 2010) for "National Assembly".
46
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 11
(with effect from
April 19, 2010).
47
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 5
(with effect from
March 2, 1985).
48
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 12(i)
(with effect from
April 19, 2010) : "and".
49
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 3
(with effect from
October 21, 2024) for :
50
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 12(ii)
(with effect from
April 19, 2010) for ".".
51
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 12(ii)
(with effect from
April 19, 2010).
Part III, Chapter 1: The President
52
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 6(1)
(with effect from
March 2, 1985) for :
(3)
The President shall be elected by the members of
Parliament in joint sitting in accordance with the
provisions of the Second Schedule.
53
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 13(i)
(with effect from
April 19, 2010) : "to be elected after the expiration
of the term specified in clause (7)".
54
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 13(ii)
(with effect from
April 19, 2010) : :
The Chief Executive of the Islamic Republic of Pakistan-
(a)
shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme
Court of Pakistan of the 12th May, 2000; and
(b)
having received the democratic mandate to serve the nation as
President of Pakistan for a period of five years shall, on
relinquishing the office of the Chief Executive, notwithstanding
anything contained in this Article or Article 43 or any other
provision of the Constitution or any other law for the time being in
force, assume the office of President of Pakistan forthwith and shall
hold office for a term of five years under the Constitution, and
Article 44 and other provisions of the Constitution shall apply
accordingly.
57[Provided that paragraph
(d) of clause (1) of Article 63 shall become operative on and from the 31st day
of December, 2004.]57
Without prejudice to the provisions of
clause (7), any member or members of a House of
Majlis-e-Shoora (Parliament) or of a Provincial
Assembly, individually or jointly, may, not later than
thirty days from the commencement of the Constitution
(Seventeenth Amendment) Act, 2003, move a resolution
for vote of confidence for further affirmation of the
President in office by majority of the members present
and voting, by division or any other method as
prescribed in the rules made by the Federal Government
under clause (9), of the electoral college consisting
of members of both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies, in a
special session of each House of Majlis-e-Shoora
(Parliament) and of each Provincial Assembly summoned
for the purpose, and the vote of confidence having
been passed, the President, notwithstanding anything
contained in the Constitution or judgment of any
court, shall be deemed to be elected to hold office
for a term of five years under the Constitution, and
the same shall not be called in question in any court
or forum on any ground whatsoever.
(9)
Notwithstanding anything contained in the
Constitution or any other law for the time being in
force, the proceedings for the vote of confidence
referred to in clause (8) shall be regulated and
conducted by the Chief Election Commissioner in
accordance with such procedure and the votes shall be
counted in such manner as may be prescribed by the
rules framed by the Federal Government:
Provided that clauses (8) and (9) shall be valid only for the
forthcoming vote of confidence for the current term of the President
in office.
55
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2
(with effect from
August 21, 2002) for :
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.
56
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 6(2)
(with effect from
March 2, 1985).
57
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 2(1)
(with effect from
December 31, 2003).
58
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 2(2)
(with effect from
December 31, 2003).
59
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
60
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
61
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
62
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 14
(with effect from
April 19, 2010) for :
Duties of Prime Minister in relation to President. It shall be the duty of the Prime Minister:
(a)
to communicate to the President all decisions
of the Cabinet relating to the administration of the affairs of
the Federation and proposals for legislation;
(b)
to furnish such information relating to the
administration of the affairs of the Federation and proposals
for legislation as the President may call for; and
(c)
if the President so requires, to submit for the
consideration of the Cabinet any matter on which a decision has
been taken by the Prime Minister or a Minister but which has not
been considered by the Cabinet.
63
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2 and Sched. item 7
(with effect from
March 2, 1985) for :
46
The Prime Minister shall keep the President informed on matters of internal and foreign policy and on all legislative proposals
the Federal Government intends to bring before Parliament.
64
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 8(1)
(with effect from
March 2, 1985).
65
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 8(2)
(with effect from
March 2, 1985) for :
(1)
Notwithstanding anything contained in the Constitution, the President may be removed from office in accordance with the provisions
of this Article on the ground of physical or mental incapacity or on a charge of violating the Constitution or gross misconduct.
(2)
Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the
case may be, the Chairman written notice of its intention to move a resolution for the removal of the President; and such
notice shall set out the particulars of his incapacity or of the charge against him.
66
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
67
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 9
(with effect from
March 2, 1985) for :
48
(1)
In the performance of his functions, the President shall act on and in accordance with the advice of the Prime Minister and
such advice shall be binding on him.
(2)
The question whether any, and if so what, advice was tendered to the President by the Prime Minister shall not be inquired
into in any court.
(3)
Save as otherwise provided in any rules made under Article 99, the orders of the President shall require for their validity
the counter-signature of the Prime Minister.
68
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 15(i)(a)
(with effect from
April 19, 2010).
69
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 2(a)(i)
(with effect from
November 9, 1985) for "the Prime Minister or appropriate Minister".
70
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 2(a)(ii)
(with effect from
November 9, 1985) for :
Provided that the President may require the Cabinet to
reconsider or consider such advice, as the case may be either
generally or otherwise, and the President shall act in accordance with
the advice tendered after such reconsideration or consideration.
71
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 15(i)(b)
(with effect from
April 19, 2010).
72
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 15(i)(b)
(with effect from
April 19, 2010).
73
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 2(b)
(with effect from
November 9, 1985).
74
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 2(c)
(with effect from
November 9, 1985) : :
(3)
If any question arises whether any matter is or is not a matter in respect of which the President is by the Constitution empowered
to act in his discretion, the decision of the President in his discretion shall be final, and the validity of anything done
by the President shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
75
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 4
(with effect from
October 21, 2024) for :
(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.
76
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 15(ii)
(with effect from
April 19, 2010) for :
(5)
Where the President dissolves the National
Assembly, he shall, in his discretion:-
(a)
appoint a date, not later than
78[ninety]78 days from the date of the dissolution, for the
holding of a general election to the Assembly; and
(b)
appoint a care-taker Cabinet.
77
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 2
(with effect from
February 28, 2012).
78
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 2(d)
(with effect from
November 9, 1985) for "one hundred".
79
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 15(iii)
(with effect from
April 19, 2010) for :
(6)
If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it
is desirable that any matter of national importance should be
referred to a referendum, the President may cause the matter to
be referred to a referendum in the form of a question that is
capable of being answered either by "Yes" or "No".
Part III, Chapter 2: Majlis-e-Shoora (Parliament)
80
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
81
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 10
(with effect from
March 2, 1985) for :
50
There shall be a Parliament consisting of two houses to be known as the National Assembly and the Senate.
82
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 16
(with effect from
August 21, 2002) for :
There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women
and non-Muslims.
(1A)
The seats in
the National Assembly referred to in clause (1),
except as provided in clause (2A), are allocated to
each Province, the Federally Administered Tribal Areas
and the Federal Capital as under-
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.
For the purpose of election to the National Assembly,-
(a)
the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats
shall be elected by direct and free vote in accordance with law;
(b)
each Province shall be a single constituency for all;
(c)
the constituency for all seats reserved for non-Muslims shall be the whole country;
(d)
members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance
with law through proportional representation system of political parties' lists of candidates on the basis of total number
of general seats secured by each political party from the Province concerned in the National Assembly:
99[Provided that for the purpose of this sub-clause the total
number of general seats won by a political party shall include the
independent returned candidate or candidates who may duly join
such political party within three days of the publication in the
official Gazette of the names of the returned candidates.]99
(e)
members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation
system of political parties lists of candidates on the basis of total number of general seats won by each political party
in the National Assembly:
100[Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent
returned candidate or candidates who may duly join such political party within three days of the publication in the official
Gazette of the names of the returned candidates.]100
83
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(i)
(with effect from
May 31, 2018) for "three hundred and forty-two".
84
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(ii)
(with effect from
May 31, 2018) for :
The seats in
the National Assembly referred to in clause (1),
except as provided in clause (4), shall be allocated to
each Province, the Federally Administered Tribal Areas
and the Federal Capital as under-
85
Substituted by Constitution (Twenty-fourth Amendment) Act, 2017 (38 of 2017), Article 2(a)
(with effect from
December 22, 2017) for :
(3)
The seats in
the National Assembly referred to in clause (1),
except as provided in clause (4), shall be allocated to
each Province, the Federally Administered Tribal Areas
and the Federal Capital as under-
General Seats
Women
Total
Balochistan
14
3
17
Khyber Pakhtunkhwa
35
8
43
Punjab
148
35
183
Sindh
61
14
75
Federally Administered Tribal Areas
12
-
12
Federal Capital
2
-
2
Total
272
60
332
86
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iii)
(with effect from
May 31, 2018).
87
Substituted by Constitution (Twenty-fourth Amendment) Act, 2017 (38 of 2017), Article 2(b)
(with effect from
December 22, 2017) for :
(5)
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.
88
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iv)
(with effect from
May 31, 2018) : "Save as provided in clause (3) in respect of
the Federally Administered Tribal
Areas,".
89
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iv)
(with effect from
May 31, 2018) for "the".
90
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(1)
(with effect from
August 21, 2002) for :
(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.
91
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(2)
(with effect from
August 21, 2002) for "92[twenty-one]92".
92
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11
(with effect from
March 2, 1985) for "eighteen".
93
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(2)(b)
(with effect from
March 2, 1985) for ":".
94
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(2)(c)
(with effect from
March 2, 1985) : :
Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before
the holding of a second general election to the Assembly paragraph (b) shall have effect as if for the word "eighteen" therein
the word "twenty-one" were substituted.
95
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(1)
(with effect from
August 21, 2002) for :
In addition to the number of seats referred to in
clause (1), there shall be in the National Assembly ten
additional seats reserved as follows for the person referred to
in clause (3) of Article 106:
Christians.
4
Hindus and persons belonging to the scheduled casts.
4
Sikh, Buddhist and Parsi communities and other non-Muslims.
1
Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis)
96
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(3)
(with effect from
March 2, 1985) for :
In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats
for the persons referred to in clause (3) of Article 106.
97
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 5(a)
(with effect from
November 21, 1975).
98
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(3)
(with effect from
August 21, 2002) for :
(4)
Until the expiration of a period of ten years from
the commencing day or the holding of the 101[third]101 general
election to the National Assembly, whichever occurs later,
102[twenty seats]102 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.
99
Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Section 2(1)(i)
(with effect from
October 9, 2002).
100
Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Section 2(1)(ii)
(with effect from
October 9, 2002).
101
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 3
(with effect from
November 9, 1985) for "second".
102
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(5)
(with effect from
March 2, 1985) for "ten seats".
103
The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(5)
(with effect from
August 21, 2002) : :
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.
Notwithstanding anything contained in this Article, the
President may, by Order, make such provision as to the manner of
filling the seats in the National Assembly allocated to the
Federally Administered Tribal Areas as he may think fit.
104
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(5)
(with effect from
March 2, 1985) for :
As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly
for the persons referred to in clause (2A) shall be elected in accordance with law by the members of the Assembly referred
to in clause (1).
For the purpose of election to the seats allocated to a province under clause (4), the members of the National Assembly from
that Province shall constitute the electoral college.
105
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 5(b)
(with effect from
May 4, 1974).
106
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
107
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 12
(with effect from
March 2, 1985) for "two".
108
Substituted by Constitution (Tenth Amendment) Act, 1985 (1 of 1987), Article 2
(with effect from
March 25, 1987) for "109[sixty]109".
109
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 12
(with effect from
March 2, 1985) for "thirty".
110
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 6
(with effect from
November 21, 1975).
111
Renumbered by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 13
(with effect from
March 2, 1985)
112
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 13
(with effect from
March 2, 1985).
113
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 4
(with effect from
November 9, 1985) for :
(3)
At the commencement of each session of
the Majlis-e-Shoora (Parliament), the President
shall address both Houses assembled together and
inform the Majlis-e-Shoora (Parliament) of the
causes of its summons.
114
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 17
(with effect from
April 19, 2010) for :
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 116[notice of a
resolution for a vote of no-confidence has been given]116 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 117[]117.
Notwithstanding anything contained in clause (2) of
Article 48, the President may also dissolve the National Assembly in
his discretion where, in his opinion,:-
(a)
a vote of no-confidence having been passed against the Prime
Minister, no other member of the National Assembly is likely to
command the confidence of the majority of the members of the
National Assembly in accordance with the provisions of the
Constitution as ascertained in a session of the National Assembly
summoned for the purpose; or
a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of
the Constitution and an appeal to the electorate is necessary.
The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days
of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days
whose decision shall be final.
115
Renumbered by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(1)
(with effect from
March 2, 1985)
116
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 5(a)
(with effect from
November 9, 1985) for "resolution for a vote of no confidence has been moved".
117
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(1)
(with effect from
March 2, 1985) : "or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95".
118
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 5(b)
(with effect from
November 9, 1985) for :
119
The following was omitted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2
(with effect from
April 3, 1997) : :
(b)
a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of
the Constitution and an appeal to the electorate is necessary.
120
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 4
(with effect from
August 21, 2002).
121
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(2)
(with effect from
March 2, 1985).
122
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 3
(with effect from
December 31, 2003).
123
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 18
(with effect from
April 19, 2010) for :
The Senate shall consist of one-hundred members, of whom, -
(a)
fourteen shall be elected by the members of each Provincial Assembly;
(b)
eight shall be elected 130[]130 from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;
(c)
two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner
as the President may, by Order, prescribe;
(d)
four women shall be elected by the members of each Provincial Assembly;
(e)
four technocrats including ulema shall be elected by the members of each Provincial Assembly.
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.
The Senate shall not be subject to dissolution but the term of its
members, who shall retire as follows, shall be six years:-
140[
(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 141[]141 to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled.
124
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(1)(a)
(with effect from
May 31, 2018) for "one-hundred and four members".
125
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(1)(b)
(with effect from
May 31, 2018) : :
(b)
eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;
126
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(2)
(with effect from
May 31, 2018) : :
(b)
of the members referred to in paragraph (b) of the aforesaid clause, four shall retire of the expiration of the first three
years and four shall retire after the expiration of the next three years;
127
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 5
(with effect from
November 13, 2025).
128
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(3)
(with effect from
May 31, 2018).
129
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 5
(with effect from
August 21, 2002) for :
(1)
The Senate shall consist of 132[eighty-seven]132
members, of whom,:
(a)
fourteen shall be elected by the members of
each Provincial Assembly;
(b)
133[eight]133 shall be elected by the members
from the Federally Administered Tribal Areas in the National
Assembly; 134[]134
(c)
135[three]135 shall be 136[elected]136 from the
Federal Capital in such manner as the President may, by
Order, prescribe 137[; and]137
130
The following was omitted by Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), Section 2(2)
(with effect from
August 21, 2002) : "131[by direct and free vote]131".
131
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 5
(with effect from
August 21, 2002).
132
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(a)
(with effect from
March 2, 1985) for "sixty-three".
133
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(b)(i)
(with effect from
March 2, 1985) for "five".
134
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(b)(ii)
(with effect from
March 2, 1985) : "and".
135
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(c)(i)
(with effect from
March 2, 1985) for "two".
136
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(a)
(with effect from
November 9, 1985) for "chosen".
137
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(c)(ii)
(with effect from
March 2, 1985) for ".".
138
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(d)
(with effect from
March 2, 1985).
139
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(2)
(with effect from
March 2, 1985) for :
(3)
The Senate shall not be subject to dissolution but the term of office
of its members shall be four years, half of them retiring every two
years, except in the case of the members elected by the members from
the Federally Administered Tribal Areas, of whom three shall retire
after the expiration of the first two years and two shall retire after
the expiration of the next two years:
Provided that the term of office
of a person elected or chosen to fill a casual vacancy shall be the
unexpired term of the member whose vacancy he has filled."
140
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(b)(i)
(with effect from
November 9, 1985) for :
(a)
of the members referred to in paragraphs (a) and (b) of clause
(1), six shall retire after the expiration of the first two years, six
shall retire after the expiration of the next two years and seven
shall retire after the expiration of the next two years;
(b)
of the members referred to in paragraph (b), two shall retire after
the expiration of the first two years and three shall retire after the
expiration of every two years thereafter; and
(c)
of the members referred to in paragraph (c), one shall retire after
the expiration of every two years.
141
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(b)(ii)
(with effect from
November 9, 1985) : "or chosen".
142
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(c)
(with effect from
November 9, 1985) : :
A casual vacancy in the office of a member referred to
in paragraph (d) of clause (1) shall be filled for the remainder of
the term of such member by the members of the Provincial Assembly
by whom such member had been elected electing another person under
the said paragraph.
143
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(3)
(with effect from
March 2, 1985).
144
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 7
(with effect from
November 9, 1985) for "two".
145
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 5
(with effect from
May 4, 1974).
146
Substituted by Constitution (Tenth Amendment) Act, 1985 (1 of 1987), Article 3
(with effect from
March 25, 1987) for "147[one hundred and sixty]147".
147
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 2
(with effect from
March 19, 1985) for "one hundred and thirty".
148
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 19
(with effect from
April 19, 2010) for "ninety".
149
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Majlis-e-Shoora (Parliament)".
150
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 20
(with effect from
April 19, 2010) for :
62
Qualifications for membership of Majlis-e-Shoora (Parliament). A person shall not be qualified to be elected or chosen
as a member of Majlis-e-Shoora (Parliament) unless :-
he is, in the case of Senate, not less than
thirty years of age and is enrolled as a voter in any area in a
Province or, as the case may be, the Federal Capital or the
Federally Administered Tribal Areas, from where he seeks membership;
(d)
he is of good character and is not commonly
known as one who violates Islamic Injunctions;
(e)
he has adequate knowledge of Islamic teachings
and practices 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).
151
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 5
(with effect from
May 31, 2018) : "or the
Federally Administered Tribal Areas".
152
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 6
(with effect from
August 21, 2002) for :
(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;
153
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 21
(with effect from
April 19, 2010) for :
Disqualifications for membership of Majlis-e-Shoora (Parliament).
(1)
A person shall be disqualified from being elected
or chosen as, and from being, a member of the Majlis-e-Shoora
(Parliament), if:-
(a)
he is of unsound mind and has been so
declared by a competent court; or
(b)
he is an undischarged insolvent; or
(c)
he ceases to be a citizen of Pakistan, or
acquires the citizenship of a foreign State; or
(d)
he holds an office of profit in the service
of Pakistan other than an office declared by law not to
disqualify its holder; or
(e)
he is in the service of any statutory body
of any body which is owned or controlled by the Government
or in which the Government has a controlling share or
interest; or
(f)
being a citizen of Pakistan by virtue of
section 14B of the Pakistan Citizenship Act, 1951 (II of
1951), he is for the time being disqualified under any law
in force in Azad Jammu and Kashmir from being elected as a
member of the Legislative Assembly of Azad Jammu and
Kashmir; or
(g)
he is propagating any opinion, or acting in
any manner, prejudicial to the Ideology of Pakistan, or the
sovereignty, integrity or security of Pakistan, or morality,
or the maintenance of public order, or the integrity or
independence of the judiciary of Pakistan, or which defames
or brings into ridicule the judiciary or the Armed Forces of
Pakistan; or
he has been convicted by a court of competent jurisdiction on a
charge of corrupt practice, moral turpitude or misuse of power or
authority under any law for the time being in force; or
(i)
he has been dismissed from the service of Pakistan or service of a
corporation or office set up or controlled by the Federal Government,
Provincial Government or a Local Government on the grounds of
misconduct or moral turpitude; or
(j)
he has been removed or compulsorily retired from the service of
Pakistan or service of a corporation or office set up or controlled by
the Federal Government, Provincial Government or a Local Government on
the grounds of misconduct or moral turpitude; or
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
he has been convicted and sentenced to imprisonment for having
absconded by a competent court under any law for the time being in
force; or
(q)
he has obtained a loan for a an amount of two million rupees or
more, from any bank, financial institution, cooperative society or
cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from
the due date, or has got such loan written off; or
(r)
he or his spouse or any of his dependents has defaulted in payment
of government dues and utility expenses, including telephone,
electricity, gas and water charges in excess of ten thousand rupees,
for over six months, at the time of filing his nomination papers157[; or]157
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.
If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker
or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief
Election Commissioner.
Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election
Commission which shall give its decision thereon not later than three months from its receipt by he Chief Election Commissioner.
154
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 16
(with effect from
March 2, 1985) for :
63
(1)
A person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if:-
(a)
he is of unsound mind and has been so declared by a competent court; or
(b)
he is an undischarged insolvent; or
(c)
he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d)
he holds any office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder;
or
(e)
he is so disqualified by Act of Parliament
(2)
If any question arises whether a member of Parliament has become disqualified from being a member, the Speaker or, as the
case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner
is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.
155
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(1)(a)
(with effect from
August 21, 2002) for :
(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
156
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(1)(b)
(with effect from
August 21, 2002) for :
(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.
157
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2)
(with effect from
October 9, 2002) for ".".
158
Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2)
(with effect from
October 9, 2002).
159
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(2)
(with effect from
August 21, 2002) for :
(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.
160
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(3)
(with effect from
August 21, 2002).
161
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 22
(with effect from
April 19, 2010) for :
If a member
of a Parliamentary Party composed of a single political party in a
House-
(a)
resigns from membership of his political party or joins another
Parliamentary Party; or
(b)
votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he belongs, in
relations to-
(i)
election of the Prime Minister or the Chief Minister; or
(ii)
a vote of confidence or a vote of no-confidence; or
(iii)
a Money Bill;
he may be declared in writing by the Head of the Parliamentary Party
to have defected from the political party, and the Head of the
Parliamentary Party may forward a copy of the declaration to the
Presiding Officer, and shall similarly forward a copy thereof to the
member concerned:
Provided that before making the declaration, the Head of the
Parliamentary Party shall provide such member with an opportunity to
show cause as to why such declaration may not be made against him.
(2)
A member of a House shall be deemed to be a member of a
Parliamentary Party if he having been elected as a
candidate or nominee of a political party which constitutes
the Parliamentary Party in the House or, having been
elected otherwise than as a candidate or nominee of a
political party, has become a member of such Parliamentary
Party after such election by means of a declaration in
writing.
(3)
Upon receipt of the declaration under clause (1), the Presiding
Officer of the House shall within two days refer the
declaration to the Chief Election Commissioner who shall
lay the declaration before the Election Commission for its
decision thereon confirming the declaration or otherwise
within thirty days of its receipt by the Chief Election
Commissioner.
(4)
Where the Election Commission confirms the declaration, the member
referred to in clause (1) shall cease to be a member of the
House and his seat shall become vacant.
(5)
Any party aggrieved by the decision of the Election Commission may
within thirty days, prefer an appeal to the Supreme Court
which shall decide the matter within three months from the
date of the filing of the appeal.
(6)
Nothing contained in this Article shall apply to the Chairman or
Speaker of a House.
(7)
For the purpose of this Article -
(a)
"House" means the National Assembly or the Senate in relation to
the Federation and a Provincial Assembly in relation to the Province,
as the case may be.
(b)
"Presiding Officer" means the Speaker of the National Assembly,
the Chairman of the Senate or the Speaker of the Provincial Assembly,
as the case may be.
162
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 6
(with effect from
November 13, 2025) for "Supreme".
163
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 8
(with effect from
August 21, 2002) for :
If a member of a Parliamentary Party defects, he may
be means of a notice in writing addressed to him by the Head of
the Political Party or such other person as may be authorized in
this behalf by the Head of the Political Party, be called upon
the show cause, within not more than seven days of such a
notice, as to why a Declaration under clause (2) should not be
made against him. If a notice is issued under this clause, the
Presiding Officer of the concerned House shall be informed
accordingly.
Explanation: A member of a House
shall be deemed to defect from a political party if he, having
been elected as such, as a candidate or nominee of a political
party: or under a symbol of political party or having been
elected otherwise than as a candidate or nominee of a
political party, and having become a member of a political
party after such election by means of a declaration in writing
:-
(a)
commits a breach of party discipline which means a
violation of the party constitution, code of conduct and
declared policies, or
(b)
votes contrary to any direction issued
by the Parliamentary Party to which he belongs, or
(c)
abstain
from voting in the House against party policy in relation to
any bill.
(2)
Where action is proposed to be taken under the
Explanation to clause (1), sub-clause (a) the disciplinary
committee of the party on a reference by the Head of the Party,
shall decide the matter, after giving an opportunity of a
personal hearing to the member concerned within seven days. In
the event the decision is against the member, he can file an
appeal, within seven days, before the Head of the Party, whose
decision thereon shall be final, in cases covered by the
Explanation to clause (1), sub-clauses (b) and (c), the
declaration may be made by the Head of the Party concerned after
examining the explanation of the member and determining whether
or not that member has defected.
(3)
The Presiding Officer of the House shall be intimated
the decision by Head of the Political Party in addition to
intimation which shall also be concerned member. The Presiding
Officer shall within two days transmit the decision to the Chief
Election Commissioner. The Chief Election Commissioner, shall
give effect to such decision, within seven days from the date of
the receipt of such intimation by declaring the seat vacant and
amend it under the schedule of the bye-election.
(4)
Nothing contained in this Article shall apply to the
Chairman or Speaker of a House.
(5)
For the purpose of this Article:-
(a)
"House" means the National Assembly or the
Senate, in relation to and the Federation; and a Provincial
Assembly in relation to the Province, as the case may be.
(b)
"Presiding Officer" means the Speaker of the
National Assembly, the Chairman of the Senate or the Speaker
of the Provincial Assembly, as case may be.
(6)
Notwithstanding anything contained in the
Constitution, no court including the Supreme Court and a High
Court shall entertain any legal proceedings, exercise any
jurisdiction, or make any order in relation to the action under
this Article.
164
Inserted by Constitution (Fourteenth Amendment) Act, 1997 (24 of 1997), Article 2
(with effect from
July 3, 1997).
165
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
166
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
167
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
168
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
169
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
170
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
171
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
172
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
173
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
174
For the Rules of Procedure and Conduct of Business in the Senate, see Gazette of Pakistan, 1973, Extraordinary, Part II, Pages
1543-1620. For the Rules of Procedure and Conduct of Business in the National Assembly, 1973, see Gazette of Pakistan, 1973,
Extraordinary, Part II, pages 1897-1957.
175
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
176
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 7
(with effect from
November 13, 2025).
177
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
178
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
179
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
180
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
181
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 23
(with effect from
April 19, 2010) for :
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 183[referred to a Mediation Committee
constituted under Article 71 for consideration and resolution thereon]183.
(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.
182
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 17
(with effect from
March 2, 1985) for :
70
(1)
A Bill with respect to any matter in Part I of the Federal Legislative List shall originate in the National Assembly and shall,
if it is passed by the Assembly, be transmitted to the Senate for its consideration.
(2)
The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment,
or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment
at the expiration of that period.
(3)
If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President
for assent.
(4)
If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly; and,
if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for
assent.
(5)
For the purposes of the procedure prescribed in this Article, the question whether or not a Bill is with respect to any matter
in Part I of the Federal Legislative List shall be decided by the President whose decision shall be final.
(6)
In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" and "Concurrent Legislative
List" mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.
183
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 9
(with effect from
August 21, 2002) for "considered in a joint sitting".
184
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 17
(with effect from
March 2, 1985) : :
71.
(1)
A Bill with respect to any matter in Part II of the Federal Legislative List or in the Concurrent Legislative List may originate
in either House and shall, if it is passed by one House, be transmitted to the other House; and if the Bill is passed without
amendment, by the other House also it shall be presented to the President for assent.
(2)
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, the Bill shall
be presented to the President for assent.
185
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 24
(with effect from
April 19, 2010) : :
Both Houses of Majlis-e-Shoora
(Parliament) shall, within fifteen days from the date of
referral of the Bill by the House in which it was
originated for consideration and resolution by the
Mediation Committee under clause (2) of Article 70 nominate
eight members each as members of a Mediation Committee.
(2)
The House in which the Bill was originated shall nominate a member
of the Mediation Committee as Chairman of the Committee and
the other House shall nominate a member as the
Vice-Chairman thereof.
(3)
All decisions of the Mediation Committee shall be made by a
majority of the total number of members of each House in
the Committee.
(4)
The President may, in consultation with the Speaker of the
National Assembly and Chairman of the Senate, make rules
for conduct of business of the Mediation Committee.
Notwithstanding anything contained in Article 70, a Money Bill
shall originate in the National Assembly.
Provided that simultaneously when a Money Bill, including the Finance
Bill containing the Annual Budget Statement, is presented in the
National Assembly, a copy thereof shall be transmitted to the Senate
which may, within seven days, make recommendations thereon to the
National Assembly.
(1A)
The National Assembly shall, consider the recommendations of the
Senate and after the Bill has been passed by the Assembly with or
without incorporating the recommendations of the Senate, it shall be
presented to the President for assent.
188
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 11
(with effect from
August 21, 2002) for :
(1)
Notwithstanding anything contained in Article 70
189[]189, 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.
189
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 18
(with effect from
March 2, 1985) : "or Article 71".
190
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
191
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2 and Sched. item 19
(with effect from
March 2, 1985) for :
75
(1)
The President shall assent to a Bill within seven days after
it has been presented to him for assent under Article 70, Article
71 or Article 73 and if the President fails to do so he shall be
deemed to have assented to the Bill at the expiration of the said
period.
(2)
When the President has assented or is deemed to have
assented to a Bill, it shall become law and be called an Act of
Parliament.
(3)
No Act of Parliament, and no provision in any such Act,
shall be invalid by reason only that some recommendation. previous
sanction or consent required by the Constitution was not given if
that Act was assented to or deemed to have been assented to in
accordance with the Constitution.
192
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(i)
(with effect from
April 19, 2010) for "193[thirty]193".
193
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 8(a)
(with effect from
November 9, 1985) for "forty-five".
194
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(ii)
(with effect from
April 19, 2010) for :
When the President has returned a Bill to the
Majlis-e-Shoora (Parliament), it shall be reconsidered by the
Majlis-e-Shoora (Parliament) 196[]196 and, if it is
again passed, with or without amendment, by the Majlis-e-Shoora
(Parliament), 197[in accordance with Article 70]197 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.
195
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 8(b)
(with effect from
November 9, 1985) for :
(2)
When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora
(Parliament) in joint sitting and, if it is again passed with or without amendment, by the Majlis-e-Shoora (Parliament), by
the votes of the majority of the total membership of the two Houses, it shall be again presented to the President and the
President shall assent thereto.
196
The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 12(a)
(with effect from
August 21, 2002) : "in joint sitting".
197
Substituted by , Article 3(1), Sch. item 12(a)
(with effect from
) for "by the votes of the majority of the members of
both Houses present and voting".
198
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(iii)
(with effect from
April 19, 2010).
199
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
200
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 8
(with effect from
November 13, 2025).
201
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
202
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 9(a)
(with effect from
November 13, 2025).
203
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 2(i)
(with effect from
January 1, 2011).
204
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 2(ii)
(with effect from
January 1, 2011) for :
(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;
205
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2
(with effect from
June 8, 2016) for "servants".
206
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(i)
(with effect from
October 21, 2024) for "Supreme Court".
207
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 9(b)
(with effect from
November 13, 2025).
208
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(ii)
(with effect from
October 21, 2024) : "and".
209
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(ii)
(with effect from
October 21, 2024).
210
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
211
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
212
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
213
For the National Assembly Secretariat (Recruitment)Rules 1973, see Gazette of Pakistan, 1973, Extraordinary, part 11 pages
2279-2286. For the Senate Secretariat (Recruitment) Rules, 1973, see ibid., Pages 2301-2307.
214
For the National Assembly (Finance Committee) Rules, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 2451-2454.
For the Senate (Finance Committee) Rules, 1973, see ibid., pages 2479-2482.
215
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(i)
(with effect from
April 19, 2010).
216
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
217
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
218
Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 2(a)
(with effect from
March 19, 1985) for "is with respect to a matter in Part I of the Federal Legislative List".
219
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a)
(with effect from
April 19, 2010) for "four months".
220
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a)
(with effect from
April 19, 2010) for ";".
221
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a)
(with effect from
April 19, 2010).
222
Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 2(b)
(with effect from
March 19, 1985) for "is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List".
223
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b)
(with effect from
April 19, 2010) for "four months".
224
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b)
(with effect from
April 19, 2010) for "; and".
225
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b)
(with effect from
April 19, 2010).
226
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(iii)
(with effect from
April 19, 2010) for :
(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, Chapter 3: The Federal Government
227
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 20
(with effect from
March 2, 1985) for :
90
(1)
Subject to the Constitution, the executive authority of the
Federation shall be exercised in the name of the President by the
Federal Government, consisting of the Prime Minister and the
Federal Ministers which shall act through the Prime Minister who
shall be the chief executive of the Federation.
(2)
In the performance of his functions under the Constitution,
the Prime Minister may act either directly or through the Federal
Ministers.
(3)
The Prime Minister and the Federal Ministers shall be
collectively responsible to the National Assembly.
91.
(1)
The National Assembly shall meet on the thirtieth day
following the day on which a general election to the Assembly is
held, unless sooner summoned by the President.
(2)
After the election of the Speaker and the Deputy Speaker,
the National Assembly shall, to the exclusion of any other
business, proceed to elect without debate one of its Muslim members
to be the Prime Minister.
(3)
The Prime Minister shall be elected by the votes of the
majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first
poll, a second poll shall be held between the members who secure
the two highest numbers of votes in the first poll and the member
who secures majority of votes of the members present and voting
shall be declared to have been elected as Prime Minister.
Provided further that, if the number of votes secured by two or
more members securing the highest number of votes is equal, further
poll shall be held between them until one of them secures a
majority of votes of the members present and voting.
4
The member elected under clause (3) shall be called upon by
the President to assume the office of Prime Minister and he shall,
before entering upon the office, make before the President oath in
the form set out in the Third Schedule.
92
(1)
The Prime Minister shall appoint Federal Ministers and
Ministers of State from amongst the members of Parliament:
Provided that the number of Federal Ministers and Ministers of
State who are members of the Senate shall not at any time exceed
one-fourth of the number of Federal Ministers.
(2)
Before entering upon office, a Federal Minister or a
Minister of State shall make before the President oath in the form
set out in the Third Schedule.
(3)
A Federal Minister or a Minister of State may, by writing
under his hand addressed to the Prime Minister, resign his office
or may by removed from office by the Prime Minister.
93.
(1)
The Prime Minister shall continue to hold office until his
successor enters upon the office of Prime Minister.
(2)
Nothing in Article 91 or Article 92 shall be construed to
disqualify the Prime Minister or a Federal Minister or a Minister
of State from continuing in office during the period the National
Assembly stands dissolved.
94.
(1)
Subject to clause (2), the Prime Minister may by writing
under his hand addressed to the President, resign his office and,
when the Prime Minister resigns, the Federal Ministers and Minister
of State shall cease to hold office.
(2)
The Prime Minister and, at the request of the Prime
Minister, a Federal Minister shall continue to perform the
functions of the office of Prime Minister or, as the case may be,
Federal Minister until a new Prime Minister has been elected and
has entered upon his office.
(3)
If the National Assembly is in session at the time when the
Prime Minister resigns his office, the Assembly shall forthwith
proceed to elect a Prime Minister, and if the Assembly is not in
session the President shall for that purpose summon it to meet
within fourteen days of the resignation.
95.
(1)
In the event of the death of the Prime Minister or the
office of Prime Minister becoming vacant by reason of his ceasing
to be a member of the National Assembly, the most senior Federal
Minister for the time being shall be called upon by the President
to perform the functions of that office and the Federal Ministers
and Ministers of State shall continue in office until a new Prime
Minister has been elected and has entered upon his office.
(2)
If the National Assembly is in session at the time when the
Prime Minister dies or the office of Prime Minister becomes vacant,
the Assembly shall forthwith proceed to elect a Prime Minister, and
if the Assembly is not in session the President shall for that
purpose summon it to meet within fourteen days of the death of
Prime Minister, or, as the case may be, of the office becoming
vacant.
(3)
When the Prime Minister, by reason of absence from Pakistan
or any other cause, is unable to perform his functions, the most
senior Federal Minister for the time being shall perform the
functions of Prime Minister until the Prime Minister returns to
Pakistan or, as the case may be, resumes his functions.
(4)
In this Article, "most senior Federal Minister means the
Federal Minister for the time being designated as such by the Prime
Minister.
96.
(1)
A resolution for a vote of no-confidence may be passed
against the Prime Minister by the National Assembly.
(2)
A resolution referred to in clause (1) shall not be moved
in the National Assembly unless, by the same resolution, the name
of another member of the Assembly is put forward as the
successor.
(3)
A resolution referred to in clause (1) shall not be moved
in the National Assembly while the National Assembly is considering
demands for grants submitted in the Annual Budget Statement.
(4)
A resolution referred to in clause (1) shall not be voted
upon before the expiration of three days, or later than seven days,
from the day on which such resolution is moved in the National
Assembly.
(5)
If the resolution referred to in clause (1) is passed by a
majority of the total membership of the National Assembly, the
President shall call upon the person named in the resolution as the
successor to assume office and on his entering upon office his
predecessor and the Federal Ministers and Ministers of State
appointed by him shall cease to hold office.
Provided that, for a period of ten years from the commencing
day or the holding of the second general election to the National
Assembly whichever occurs later, the vote of a member, elected to
the National Assembly as a candidate or nominee of a political
party, cast in support of a resolution for a vote of no-confidence
shall be disregarded if the majority of the members of that
political party in the National Assembly has cast its votes against
the passing of such resolution.
(6)
If a resolution referred to in clause (1) is not passed,
another such resolution shall not be moved until a period of six
months has elapsed.
228
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 28
(with effect from
April 19, 2010) for :
90
Exercise of executive authority of the Federation.
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.
229
Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9
(with effect from
November 9, 1985)
230
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9
(with effect from
November 9, 1985).
231
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 29
(with effect from
April 19, 2010) for :
91
The Cabinet.
(1)
There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise
of his functions.
(2)
The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his
opinion, is most likely to command the confidence of the majority of the members of the National Assembly.
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.
The person appointed under clause (2) 233[or as the case may be, invited under clause (2A)]233 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.
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.
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.
232
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(a)
(with effect from
November 9, 1985).
233
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(b)
(with effect from
November 9, 1985).
234
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(c)
(with effect from
November 9, 1985) for :
(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.
235
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(i)
(with effect from
April 19, 2010) for "(7) and (8)".
236
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii)
(with effect from
April 19, 2010) for ".".
237
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii)
(with effect from
April 19, 2010).
238
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 10
(with effect from
November 13, 2025) for "five".
239
The following was omitted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 1(3)
(with effect from
September 13, 1977) : :
If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through
a referendum he may advise the President to cause the matter to be referred to referendum in accordance with law made by Parliament.
(2)
The law referred to in clause (1) shall provide for the constitution of a Referendum Commission and the manner and mode of
holding a referendum.
(3)
On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to
conduct d referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections
to the National Assembly as revised up-to-date.
(4)
Any dispute arising in connection with the counting of votes at a referendum shall be finally determined by the Referendum
Commission or a member thereof authorised by it and, save as aforesaid, no dispute arising in connection with a referendum
or the result thereof shall be raised or permitted to be raised before any Court or other authority whatsoever.
(5)
If, on the final count of the votes cast at the referendum the Prime Minister fails to secure majority of the total votes
cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within
the meaning of Article 94.
240
Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 2
(with effect from
April 21, 1977).
241
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
242
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
243
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
245
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i)
(with effect from
April 19, 2010) for "President".
246
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i)
(with effect from
April 19, 2010) for "in his name".
247
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(ii)
(with effect from
April 19, 2010) for :
(3)
The President shall also make rules for the allocation and transaction of the business of the Federal Government.
248
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 11
(with effect from
November 13, 2025) for "Supreme".
249
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 32
(with effect from
April 19, 2010).
Part IV, Chapter 1: The Governors
250
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 33(i)
(with effect from
April 19, 2010) for :
(1)
There shall be a Governor for each Province, who
shall be appointed by the President 251[in his discretion]251252[253[after consultation with]253 the Prime Minister]252.
251
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 22(1)
(with effect from
March 2, 1985).
252
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(1)
(with effect from
November 9, 1985).
253
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 13
(with effect from
August 21, 2002) for "254[on the advice of]254".
254
Substituted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 3
(with effect from
April 3, 1997) for "after consultation with".
255
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 33(ii)
(with effect from
April 19, 2010).
256
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976) for ".".
257
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(aa)
(with effect from
November 9, 1985) : :
258[Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the
Governor of the Province of which he is a permanent resident.]258
258
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976).
259
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(b)
(with effect from
November 9, 1985) : :
260
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 2
(with effect from
September 16, 1976).
261
Substituted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 3
(with effect from
April 21, 1977) for "an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under".
262
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 6
(with effect from
May 4, 1974).
263
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 22
(with effect from
March 2, 1985).
264
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 11(c)
(with effect from
November 9, 1985).
265
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
266
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
267
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
268
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 34
(with effect from
April 19, 2010) for :
104
Acting Governor. When the governor is absent from Pakistan or is unable
to perform the functions of his office due to any cause, such other
person as the President may direct shall act as Governor.
269
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 23
(with effect from
March 2, 1985) for :
105
(1)
Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice
of the Chief Minister and such advice of the Chief Minister and such advice shall be binding on him.
(2)
The question whether any, and if so what, was tendered to the Governor by the Chief Minister shall not be inquired into in
any court.
270
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
271
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(i)
(with effect from
November 9, 1985) for "Chief Minister or appropriate Minister".
272
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(ii)
(with effect from
November 9, 1985) for :
Provided that the Governor may require the Cabinet to reconsider such advice, whether generally or otherwise, and the Governor shall
act in accordance with the advice tendered after such reconsideration.
273
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
274
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(i)
(with effect from
April 19, 2010).
275
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(a)(iii)
(with effect from
November 9, 1985) : :
Provided further that, in respect of the following matters, the Governor shall, subject to the previous approval of the President,
act in his discretion, namely :-
(a)
appointment of the Chief Minister;
(b)
dismissal of a Cabinet which has lost the confidence of the Provincial Assembly; and
(c)
dissolution of the Provincial Assembly, when an appeal to the electorate is necessary.
276
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(b)
(with effect from
November 9, 1985) for "the Cabinet or a Minister".
277
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(ii)
(with effect from
April 19, 2010) for :
(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.
278
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 12
(with effect from
November 13, 2025).
279
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 35(iii)
(with effect from
April 19, 2010) : :
(4)
The powers conferred by the Article on the
President shall be exercised by him in his discretion.
280
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 12(c)
(with effect from
November 9, 1985) for "(3)".
Part IV, Chapter 2: Provincial Assemblies
281
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 36
(with effect from
August 21, 2002) for :
For the purpose of election to a Provincial Assembly -
(a)
the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats
shall be elected by direct and free vote.
(b)
each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective
Provinces under clause (1);
(c)
the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in
accordance with law through proportional representation system of political parties' lists of candidates on the basis of the
total number of general seats secured by each political party in the Provincial Assembly:
294[Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent
returned candidate or candidates who may duly join such political party within three days of the publication in the official
Gazette of the names of the returned candidates.]294
282
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 6(I)
(with effect from
May 31, 2018) for :
Khyber Pakhtunkhwa
99
22
3
124
283
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 6(II)
(with effect from
May 31, 2018).
284
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(1)
(with effect from
August 21, 2002) for :
(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
North-West Frontier Province
80
The Punjab
240
Sind
100
285
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(2)
(with effect from
August 21, 2002) for "286[twenty-one]286".
286
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for "eighteen".
287
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for ":".
288
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) : :
Provided that, for the purpose of the first general election to the Provincial Assembly or an election to a seat falling vacant before
the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word "eighteen"
the word "twenty-one" were substituted.
289
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(3)
(with effect from
August 21, 2002) for :
In addition to the seats in the Provincial
Assemblies for the Provinces of Baluchistan, the Punjab, the
North-West Frontier and Sind specified in clause (1), there
shall be in those assemblies the number of seats hereinafter
specified for non-Muslims.
Province
Christians
Hindus and persons belonging to the scheduled castes
Sikh, Buddhist and Parsi communities and other non-Muslims
Persons belonging to the Quadiani group of the Lahori group (who call themselves Ahmadis)
Baluchistan
1
1
1
-
The North-West Frontier Province
1
-
1
1
The Punjab
5
1
1
1
Sindh
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.
290
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for :
(3)
In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the Punjab, the North-West Frontier
and Sind specified in clause (1), there shall be in those Assemblies the number of additional seats hereinafter specified
reserved for persons belonging to the Christian, Hindu, Sikh, Buddhist and Paris communities 291[and persons of the Quadiani group or the Lahori group who call themselves 'Ahmadis')]291292[and other non-Muslims and persons belonging to]292 the scheduled castes :-
291
Inserted by Constitution (Second Amendment) Act, 1974 (49 of 1974), Section 2
(with effect from
September 17, 1974).
292
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7
(with effect from
November 21, 1975) for "or".
293
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 7
(with effect from
November 21, 1975) for "3".
294
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2)
(with effect from
October 9, 2002) for :
Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not
be entitled to any seat reserved for women and non-Muslims.
295
The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 14(4)
(with effect from
August 21, 2002) : :
(4)
Until the expiration of a period of ten years from
the commencing day or the holding of the 296[third]296 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).
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.
As soon as practicable after the general election
to a Provincial Assembly, the members to fill seats in that Assembly
reserved for women shall be elected in accordance with law on the
basis of a system of proportional representation by means of a
single transferable vote by the electoral college consisting of the
persons elected to that Assembly.
296
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 13
(with effect from
November 9, 1985) for "second".
297
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985) for :
(5)
As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly
for the persons referred to in clause (3) of for women shall be elected in accordance with law by the members of that Assembly
referred to in clause (1).
298
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 24
(with effect from
March 2, 1985).
299
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 6
(with effect from
October 21, 2024).
300
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 37
(with effect from
April 19, 2010) for :
The Governor shall dissolve the Provincial
Assembly if so advised by the Chief Minister; and the Provincial
Assembly shall, unless sooner dissolved, stand dissolved at the
expiration of forty-eight hours after the Chief Minister has so
advised.
Explanation.- Reference in this Article to "Chief
Minister" shall not be construed to include reference to a
Chief Minister against whom 302[notice or a resolution for a
vote of no-confidence has been given]302 in the Provincial Assembly
but has not been voted upon or against whom a resolution for a
vote of no-confidence has been passed or who is continuing in
office by virtue of clause (2) of Article 134 or a Provincial
Minister performing the functions of the Chief Minister under
clause (1) or clause (3) of Article 135.
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
a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the
Constitution and an appeal to the electorate is necessary.
The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days
of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court
shall decide the reference within thirty days whose decision shall be final.
301
Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14
(with effect from
November 9, 1985)
302
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(a)
(with effect from
November 9, 1985) for "resolution for a vote of no-confidence has been moved".
303
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 14(b)
(with effect from
November 9, 1985).
304
The following was omitted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2
(with effect from
April 3, 1997) : :
(b)
a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the
Constitution and an appeal to the electorate is necessary.
305
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 15
(with effect from
August 21, 2002).
306
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 4
(with effect from
December 31, 2003).
307
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 25
(with effect from
March 2, 1985) for :
113
A person shall not be qualified to be elected member of a Provincial Assembly unless :-
(a)
he is a citizen of Pakistan;
(b)
he is not less than twenty-five years of age;
(c)
he is enrolled as a voter in any electoral roll for election to the Assembly; and
(d)
he possesses such other qualifications as may be prescribed by Act of Parliament.
308
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 13
(with effect from
November 13, 2025).
309
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 26
(with effect from
March 2, 1985) for :
116
(1)
When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.
(2)
The Governor shall assent to a Bill within seven days after it has been presented to him for assent, and if the Governor fails
to do so he shall be deemed to have assented to the Bill at the expiration of the said period.
(3)
When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of the Provincial
Assembly.
(4)
No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that some recommendation,
previous sanction or consent required by the Constitution was not given if that Act was assented to or deemed to have been
assented to in accordance with the Constitution.
310
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(i)
(with effect from
April 19, 2010) for "311[thirty]311".
311
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(a)
(with effect from
November 9, 1985) for "forty-five>".
312
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 15(b)
(with effect from
November 9, 1985) for :
(3)
When the Governor has returned a Bill to the Provincial Assembly, if it is again passed with or without amendment, by the
Provincial Assembly, by the votes of the majority of the total membership of the Provincial Assembly, it shall be again presented
to the Governor and the Governor shall assent thereto.
313
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(ii)
(with effect from
April 19, 2010) for "not
withhold assent therefrom".
314
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 38(iii)
(with effect from
April 19, 2010).
315
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 39
(with effect from
April 19, 2010) : :
Provided that, for a period of ten
years from the commencing day or the holding of the second
general election to the Provincial Assembly, whichever occurs
later, a demand shall be deemed to have been assented to
unless, by the votes of a majority of the total membership of
the Assembly, it is refused or assented to subject to a
reduction of the amount specified therein.
316
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
317
The following was omitted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(a)
(with effect from
May 4, 1974) : "and".
318
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(b)
(with effect from
May 4, 1974) for ".".
319
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 7(c)
(with effect from
May 4, 1974).
320
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 40
(with effect from
April 19, 2010) for "seventy".
321
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010) for "three months".
322
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010) for "; and".
323
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 41
(with effect from
April 19, 2010).
Part IV, Chapter 3: The Provincial Governments
324
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 27
(with effect from
March 2, 1985) for :
129
(1)
Subject to the Constitution, the executive authority of the province shall be exercised in the name of the Governor by the
Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.
(2)
In the performance of his functions under the Constitution, the Chief minister may act either directly or through the Provincial
Ministers.
(3)
The Chief Minister and the Provincial Ministers shall be collectively responsible to the Provincial Assembly.
130
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative
proposals the Provincial Government intends to bring before the Provincial Assembly.
131
(1)
The Provincial Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held,
unless sooner summoned by the Governor.
(2)
After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business,
proceed to elect without debate one of its members to be the Chief Minister.
(3)
The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly.
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the
two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Chief Minister;
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further
polls shall be held between them until one of them secures a majority of votes of the members present and voting.
(4)
The member elected under clause (3) shall be called upon by the Governor to assume the office of Chief Minister and he shall
before entering upon the office make before the Governor oath in the form set out in the Third Schedule.
325
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 42
(with effect from
April 19, 2010) for :
129
Exercise of executive authority of Province. The executive authority of the Province shall vest in
the Governor and shall be exercised by him, either directly or
though officers subordinate to him, in accordance with the
Constitution.
326
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 43
(with effect from
April 19, 2010) for :
130
The Cabinet.
(1)
There shall be a Cabinet of Ministers, with the
Chief Minister at its head, to aid and advise the Governor in
the exercise of his functions.
(2)
The Governor shall appoint from amongst the members
of the Provincial Assembly a Chief Minister who, in his opinion,
is likely to command the confidence of the majority of the
members of the provincial Assembly.
Notwithstanding anything contained in clause (2)
after the twentieth day of March, one thousand nine-hundred and
eighty-eight, the Governor shall invite the member of the
Provincial Assembly to be the Chief Minister who commands the
confidence of the members of the Provincial Assembly, as
ascertained in session of the Assembly summoned for the purpose
in accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a
Chief Minister holding office on the twentieth day of March, one
thousand nine hundred and eighty eight, in accordance with
provisions of the Constitution.
The person appointed under clause (2) 333[or, as the
case may be, invited under clause(2A)]333 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.
The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under
this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members
of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain
a vote of confidence from the Assembly.
The Chief Minister may, by writing under his hand
addressed to the Governor, resign his office.
(7)
A Minister who for any period of six consecutive
months is not a member of the Provincial Assembly shall, at the
expiration of that period, cease to be a Minister, and shall not
before the dissolution of that Assembly be again appointed a
Minister unless he is elected a member of that Assembly.
(8)
Nothing contained in this Article shall be construed as
disqualifying the Chief Minister or any other Minister for
continuing in office during any period during which the Provincial
Assembly stands dissolved, or as preventing the appointment of any
person as Chief Minister or other Minister during any such period.
327
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 14(a)
(with effect from
November 13, 2025) for "fifteen".
328
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 14(a)
(with effect from
November 13, 2025) for "eleven".
329
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 14(a)
(with effect from
November 13, 2025) for ":".
330
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 14(a)
(with effect from
November 13, 2025) : :
Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth
Amendment) Act, 2010.
331
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 14(b)
(with effect from
November 13, 2025) for "five".
332
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(a)
(with effect from
November 9, 1985).
333
Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(b)
(with effect from
November 9, 1985).
334
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 16(c)
(with effect from
November 9, 1985) for :
(5)
The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under
this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members
of the Provincial Assembly.
335
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 44
(with effect from
April 19, 2010) for :
131
Duties of Chief Minister in relation to Governor. It shall be the duty of the Chief Minister-
(a)
to communicate to the Governor all decisions of
the Cabinet relating to the administration of the affairs of the
Province and proposals for legislation;
(b)
to furnish such information relating to the
administration of the affairs of the Province and proposals for
legislation as the Governor may call for; and
(c)
if the Governor so requires, to submit for
consideration of the Cabinet any matter on which a decision has
been taken by the Chief Minister or a Minister but which has not
been considered by the Cabinet.
336
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 45
(with effect from
April 19, 2010) for "(7) and (8)".
337
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 29
(with effect from
March 2, 1985) : :
134
Resignation by Chief Minister.
(1)
Subject to clause (2), the Chief Minister may by writing under his hand addressed to the Governor, resign his office and,
when the Chief Minister resigns, the Provincial Ministers shall cease to hold office.
(2)
The Chief Minister and, at the request of the Chief Minister, a Provincial Minister, shall continue to perform the functions
of the office of Chief Minister or, as the case may be, Provincial Minister until a new Chief Minister has been elected and
has entered upon his office.
(3)
If the Provincial Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith
proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to
meet within fourteen days of the resignation.
338
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 29
(with effect from
March 2, 1985) : :
135
Provincial Minister performing functions of Chief Minister.
(1)
In the event of the death of the Chief Minister or of the office of Chief Minister becoming vacant by reason of his ceasing
to be a member of the Provincial Assembly, the most senior Provincial Minister for the time being shall be called upon by
the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief
Minister has been elected and has entered upon his office.
(2)
If the Provincial Assembly is in session at the time when the Chief Minister dies or the office of Chief Minister becomes
vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor
shall for that purpose summon it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of
the office becoming vacant.
(3)
When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most
senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minister returns
to Pakistan or, as the case may be, resumes his functions.
(4)
In this Article, "most senior Provincial Minister" means the Provincial Minister for the time being designated as such by
the Chief Minister.
339
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 30
(with effect from
March 2, 1985) for :
136.
(1)
A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincial Assembly.
(2)
A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name
of another member of the Assembly is put forward as the successor.
(3)
A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering
demands for grants submitted to it in the Annual Budget Statement.
(4)
A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days,
from the day on which such resolution is moved in the Provincial Assembly.
(5)
If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the
Governor shall call upon the person named in the resolution as the successor to assume office and on his entering upon office
his predecessor and the Provincial Minister appointed by him shall cease to hold office.
Provided that, for a period of ten years from the commencing day or the holding of the second general election to the Provincial Assembly,
whichever occurs later, the vote of a member, elected to the Provincial Assembly as a candidate or nominee of a political
party, cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of
that political party in the Provincial Assembly has cast its votes against the passing of such resolution.
(6)
If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six
months has elapsed.
340
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
341
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
342
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 31
(with effect from
March 2, 1985) for :
139.
(1)
Orders, and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be
specified in rules to be made by the Provincial Government, and the validity of an order or instrument which is so authenticated
shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(2)
The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction
of that business delegate any of its functions to officers or authorities subordinate to it.
343
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 46(i)
(with effect from
April 19, 2010) for "Governor".
344
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 46(iii)
(with effect from
April 19, 2010) for :
(3)
The Governor
shall also make rules for the allocation and transaction of the
business of the Provincial Government.
345
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 47
(with effect from
April 19, 2010).
346
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 48
(with effect from
April 19, 2010) for :
Local Government Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility
and authority to the elected representatives of the local governments.
347
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 16
(with effect from
August 21, 2002).
Part V, Chapter 1: Distribution of Legislative Powers
348
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
349
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
350
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i)
(with effect from
April 19, 2010) for :
(b)
351[Majlis-e-Shoora (Parliament)]351, and a Provincial Assembly also, shall have power
to make laws with respect to any matter in the Concurrent
Legislative List;
351
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
352
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii)
(with effect from
April 19, 2010) for :
(c)
A Provincial Assembly shall, and 353[Majlis-e-Shoora (Parliament)]353 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
353
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
354
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(iii)
(with effect from
April 19, 2010) for :
(d)
355[Majlis-e-Shoora (Parliament)]355 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.
355
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
356
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 50
(with effect from
April 19, 2010) for :
143
Inconsistency between Federal and Provincial laws. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of 357[Majlis-e-Shoora (Parliament)]357 which 358[Majlis-e-Shoora (Parliament)]358 is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent
Legislative List, then the Act of 359[Majlis-e-Shoora (Parliament)]359, whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail
and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
357
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
358
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
359
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
360
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
361
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i)
(with effect from
April 19, 2010) for "two".
362
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i)
(with effect from
April 19, 2010) for "two".
363
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
364
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii)
(with effect from
April 19, 2010) for "in either List".
365
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
366
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 17
(with effect from
November 9, 1985) : :
(2)
The provisions of Article 71 shall apply to a Bill with respect to a matter which may be regulated by Act of 367[Majlis-e-Shoora (Parliament)]367 under clause (1).
367
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
Part V, Chapter 2: Administrative Relations
368
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
369
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 15
(with effect from
November 13, 2025) for "Pakistan".
370
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 52
(with effect from
April 19, 2010) for ".".
371
Inserted by Constitution (Eighteenth Amendment) Act, 2010, 52
(with effect from
April 19, 2010).
372
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 53
(with effect from
April 19, 2010) : :
(2)
The executive authority of the Federation shall
also extend to the giving of directions to a Province as to the
carrying into execution therein of any Federal law which relates
to a matter specified in the Concurrent Legislative List and
authorises the giving of such directions.
373
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
374
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
375
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 16
(with effect from
November 13, 2025) for "Pakistan".
Part V, Chapter 3: Special Provisions
376
The following was omitted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 5
(with effect from
December 31, 2003) : :
There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty,
integrity and security of the State; and the matters relating to democracy, governance and inter-provincial harmony.
(2)
The President shall be the Chairman of the National Security Council and its other members shall be the Prime Minister, the
Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief
Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan
Navy and Pakistan Air Force.
(3)
Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the
Prime Minister, or when requested by any other of its members, 378[regularly]378.
377
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 17
(with effect from
August 21, 2002).
378
Substituted by Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002)
(with effect from
) for "within the time frame indicated by him".
379
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 18
(with effect from
November 9, 1985) : :
There shall be a National Security Council to make recommendations relating to the issue of a Proclamation of Emergency under
Article 232, security of Pakistan and any other matter of national importance that may be referred to it by the President
in consultation with the Prime Minister.
(2)
The National Security Council shall consist of the President, the Prime Minister, the Chairman of the Senate, the Chairman,
Joint Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force, and
the Chief Ministers of the Provinces.
380
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 32
(with effect from
March 2, 1985).
381
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(i)
(with effect from
April 19, 2010) for :
(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.
382
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(ii)
(with effect from
April 19, 2010) : :
(3)
The Prime Minister, if he is a member of the
Council, shall be the Chairman of the Council but, if at any
time he is not a member, the President may nominate a Federal
Minister who is a member of the Council to be its Chairman.
383
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
384
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(iii)
(with effect from
April 19, 2010).
385
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(i)
(with effect from
April 19, 2010) for :
(1)
The Council shall formulate and regulate policies
in relation to matters in Part II of the Federal Legislative
List and, in so far as it is in relation to the affairs of the
Federation, the matter in entry 34 (electricity) in the
Concurrent Legislative List, and shall exercise supervision and
control over related institutions.
386
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii)
(with effect from
April 19, 2010).
387
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii)
(with effect from
April 19, 2010) for "(2)".
388
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii)
(with effect from
April 19, 2010) for "(3)".
389
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
390
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii)
(with effect from
April 19, 2010) for "(4)".
391
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
392
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
393
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii)
(with effect from
April 19, 2010) for "(5)".
394
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
395
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 7
(with effect from
May 31, 2018) : "or the Federally Administered Tribal Areas".
396
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 56
(with effect from
April 19, 2010).
397
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
398
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 57
(with effect from
April 19, 2010) for :
156
National Economic Council.
(1)
The President shall constitute a National Economic
Council consisting of the Prime Minister, who shall be its
Chairman, and such other members as the President may determine:
Provided that the President shall nominate one member from each
Province on the recommendation of the Government of that Province.
(2)
The National Economic Council shall review the overall
economic condition of the country and shall, for advising the
Federal Government and the Provincial Governments, formulate plans
in respect of financial, commercial, social and economic policies;
and in formulating such plans, it shall be guided by the, Principles
of Policy set out in Chapter 2 of Part II.
399
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i)
(with effect from
April 19, 2010) for ".".
400
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i)
(with effect from
April 19, 2010).
401
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(ii)
(with effect from
April 19, 2010).
402
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 17
(with effect from
November 13, 2025) for "Pakistan".
Part VI, Chapter 1: Finance
403
For the notification constituting the National Finance Commission, see Gazette of Pakistan, 1974, Extraordinary, Part II,
pages 191-192.
404
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
405
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 3
(with effect from
September 16, 1976) for :
(ii)
taxes on sales and purchase;
406
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 59
(with effect from
April 19, 2010).
407
For such Order, see the Distribution of Revenues and Grants-in-Aid Order, 1975 (President's Order No.2 of 1975).
408
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 60
(with effect from
April 19, 2010) for :
(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.
409
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
410
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
411
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
412
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
413
Inserted by Constitution (Amendment) Order, 1985 (President's Order No. 11 of 1985), Art 2
(with effect from
February 24, 1985).
414
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
415
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 18(a)
(with effect from
November 13, 2025).
416
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 18(b)
(with effect from
November 13, 2025).
Part VI, Chapter 2: Borrowing and Audit
417
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
418
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 61
(with effect from
April 19, 2010).
419
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(i)
(with effect from
April 19, 2010) for :
(3)
The terms and conditions of
service, including the term of office, of the Auditor-General
shall be determined by Act of 420[Majlis-e-Shoora (Parliament)]420
and, until so determined, by 421 Order of the President.
420
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
421
For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (President's Order No. 21 of 1973).
422
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(ii)
(with effect from
April 19, 2010).
423
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 62(iii)
(with effect from
April 19, 2010) for "such other person as the
President may direct shall".
424
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
425
Renumbered by Constitution (Eighteenth Amendment) Act, 2010, Section 63
(with effect from
April 19, 2010)
426
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 63
(with effect from
April 19, 2010).
427
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 64
(with effect from
April 19, 2010) for "National Assembly".
Part VI, Chapter 3: Property, Contracts, Liabilities and Suits
428
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 65(i)
(with effect from
April 19, 2010) for "within".
429
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 65(ii)
(with effect from
April 19, 2010).
Part VII, Chapter 1: The Courts
430
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 19
(with effect from
November 13, 2025).
431
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 19
(with effect from
November 13, 2025).
432
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 66
(with effect from
April 19, 2010).
433
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 3
(with effect from
January 1, 2011) for :
434[
Explanation:- The words "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad
Capital Territory.
]434
434
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 66
(with effect from
April 19, 2010).
435
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "five".
436
Inserted by Constitution (Twenty-third Amendment) Act, 2017 (12 of 2017), Article 2
(with effect from
March 30, 2017).
437
The following was omitted by Constitution (Twenty-First Amendment) Act, 2015, Section 1(3)
(with effect from
January 7, 2019) : :
438[Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts metnioned at
serial No. 6, 7, 8 and 9 of sub-part III or Part I of the First Schedule, who claims, or is known, to belong to any terrorist
group or organization using the name of religion or a sect.
Explanation:- In this proviso, the expression ‘sect’ means a sect of
religion and does not include any religious or political party regulated under
the Political Parties Order, 2002.
438
Inserted by Constitution (Twenty-First Amendment) Act, 2015, Article 2
(with effect from
January 7, 2015).
439
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 67
(with effect from
April 19, 2010).
440
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(a)
(with effect from
November 13, 2025).
441
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(b)
(with effect from
November 13, 2025).
442
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(i)
(with effect from
October 21, 2024).
443
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(ii)
(with effect from
October 21, 2024) for :
(2)
For appointment of Judges of the Supreme Court, the Commission shall consist of--
(i)
Chairman
Chief Justice of Pakistan;
(ii)
Members
444[four]444 most senior Judges of the Supreme Court;
(iii)
Member
a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan,
in consultation with the 445[four]445 member Judges, for a period of two years;
(iv)
Member
Federal Minister for Law and Justice;
(v)
Member
Attorney-General for Pakistan; and
(vi)
Member
a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.
444
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(a)(i)
(with effect from
January 1, 2011) for "two".
445
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(a)(ii)
(with effect from
January 1, 2011) for "two".
446
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(i)
(with effect from
November 13, 2025).
447
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(ii)
(with effect from
November 13, 2025) for :
(i)
Chairperson
Chief Justice of Pakistan;
(ii)
Member
Presiding Judge;
(iii)
Members
three most senior Judges of the Supreme Court;
448
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(iii)
(with effect from
November 13, 2025) for :
(viii)
Member
a woman or non-Muslim, other than a member of
Majlis-e-Shoora (Parliament), who is qualified to be a member of the
Senate as a technocrat, to be nominated by the Speaker of the National
Assembly for a term of two years.
449
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(c)(iv)
(with effect from
November 13, 2025) for :
Explanation.- If the Presiding Judge is the Chief Justice
of Pakistan or is from amongst the Judges in paragraph (iii) of clause
(2), the Judge who is next in seniority below the Judges referred in
paragraph (iii) of clause (2) shall become member of the
Commission.
450
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(iii)
(with effect from
October 21, 2024) for :
(3)
Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme
Court as the Chief Justice of Pakistan.
451
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) for "the Chief Justice of Pakistan".
452
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) for "the Supreme Court".
453
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(i)
(with effect from
November 13, 2025) : :
Provided that where the nominee under this clause
declines a Judge from the remaining Judges amongst the
three most senior Judges shall be considered and
nominated:
454
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(d)(ii)
(with effect from
November 13, 2025) for :
Provided further that where the nominee under first
proviso also declines the next most senior Judge if he is not
from amongst the three most senior Judges shall he
considered and nominated by the Committee and so on till
the nominee under this clause is appointment as the Chief
Justice of Pakistan.
455
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(iv)
(with effect from
October 21, 2024).
456
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 21(e)
(with effect from
November 13, 2025) for "Pakistan,".
457
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(e)
(with effect from
November 13, 2025) for ":".
458
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(e)
(with effect from
November 13, 2025) : :
Provided that the first nomination under clause (3), after commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI
of 2024), shall be sent within three days prior to the retirement of the
Chief Justice of Pakistan.
459
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(v)
(with effect from
October 21, 2024) for :
(4)
The Commission may make rules regulating its procedure.
460
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(f)
(with effect from
November 13, 2025) for "may".
461
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(f)
(with effect from
November 13, 2025) for "assessment,".
462
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(A)
(with effect from
October 21, 2024) for "the most senior Judge of that High Court".
463
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(b)(i)
(with effect from
January 1, 2011) for :
(iv)
Member
a senior advocate to be nominated by the Provincial Bar Council for a period of two years:
464
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(B)
(with effect from
October 21, 2024) for ":".
465
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(B)
(with effect from
October 21, 2024).
466
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(b)(ii)
(with effect from
January 1, 2011) for :
Provided that for appointment of Chief Justice of a High
Court, the most senior Judge of the Court shall be substituted by a
former Chief Justice or former Judge of that Court, to be nominated by
the Chief Justice of Pakistan in consultation with the two member
Judges of the Commission in clause (2):
Provided further that if for any reason the Chief Justice of
High Court is not available, he shall also be substituted in the
manner as provided in the foregoing proviso.
467
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(C)
(with effect from
October 21, 2024) for :
Provided that for appointment of the Chief Justice of a High Court the most Senior Judge mentioned in paragraph (ii) shall not be
member of the Commission:
468
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(D)
(with effect from
October 21, 2024) for "Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause
(2)".
469
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(E)
(with effect from
October 21, 2024) for ":".
470
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(g)
(with effect from
November 13, 2025) for :
471[Provided also that the amendments in paragraph (ii)
and first proviso shall take effect on coming into force of
Article 2O2A for the respective High Courts.
]471
471
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vi)(E)
(with effect from
October 21, 2024).
472
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(A)
(with effect from
October 21, 2024) : "and".
473
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(B)
(with effect from
October 21, 2024) for "the most senior Judge of that High Court".
474
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(B)
(with effect from
October 21, 2024) for ":".
475
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(C)
(with effect from
October 21, 2024).
476
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(c)
(with effect from
January 1, 2011).
477
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(h)
(with effect from
November 13, 2025).
478
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(vii)(D)
(with effect from
October 21, 2024).
479
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(viii)
(with effect from
October 21, 2024) for :
(8)
The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy
of a Judge in 480[the Federal Constitutional Court,]480
the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.
480
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(i)
(with effect from
November 13, 2025).
481
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(ix)
(with effect from
October 21, 2024) : :
(9)
The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight
members, namely:-
483[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members
of the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis apply.]483
(10)
Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the
Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of
the House and from the Opposition Benches by the Leader of the Opposition.
482
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(d)
(with effect from
January 1, 2011) for ".".
483
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(d)
(with effect from
January 1, 2011).
484
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(x)
(with effect from
October 21, 2024) for "Senate".
485
The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(xi)
(with effect from
October 21, 2024) : :
(12)
The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within
fourteen days, failing which the nomination shall be deemed to have been confirmed:
486[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership
within the said period:]486
487[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to
the Commission through the Prime Minister:
Provided further that if a nomination is not confirmed, the Commission shall send another nomination.]487
The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who
shall forward the same to the President for appointment.
No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of
the existence of a vacancy therein or of the absence of any member from any meeting thereof.
The Committee may make rules for regulating its procedure.
486
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(e)(i)
(with effect from
January 1, 2011) for :
Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period,
in which case the Commission shall send another nomination.
487
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(e)(ii)
(with effect from
January 1, 2011).
488
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(f)
(with effect from
January 1, 2011) for :
(13)
The Committee shall forward the name of the nominee confirmed by it or deemed to have been confirmed to the President for
appointment.
489
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 4(g)
(with effect from
January 1, 2011).
490
Renumbered from "(15)". by Constitution (Ninetenth Amendment) Act, 2010, Section 4(g)
(with effect from
January 1, 2011)
491
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 7(xii)
(with effect from
October 21, 2024).
492
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(j)
(with effect from
November 13, 2025) for :
(20)
The Commission may make separate rules for setting up effective standards for performance evaluation for the purpose of clauses
(18) and (19).
493
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 20(k)
(with effect from
November 13, 2025).
Part VII, Chapter 1A: The Federal Constitutional Court
494
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 21
(with effect from
November 13, 2025).
Part VII, Chapter 2: The Supreme Court of Pakistan
495
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(a)
(with effect from
November 13, 2025).
496
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
497
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(b)
(with effect from
November 13, 2025) for ".".
498
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(b)
(with effect from
November 13, 2025).
499
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 68
(with effect from
April 19, 2010) for :
(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.
500
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 23
(with effect from
November 13, 2025) for "Pakistan".
501
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 8
(with effect from
October 21, 2024) for :
(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).
502
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 24
(with effect from
November 13, 2025) for "Pakistan".
503
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 6
(with effect from
December 31, 2003) for :
A Judge of the Supreme Court shall hold office
until he attains the age of 505[sixty-eight years]505, unless he sooner
resigns or is removed from office in accordance with the Constitution.
504
Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5
(with effect from
September 16, 1976)
505
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(4)
(with effect from
October 9, 2002) for "sixty-five years".
506
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 34
(with effect from
March 2, 1985) : :
The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment)
Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter
have the option either:-
(a)
to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining
the age of sixty-five years; or
(b)
to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary
which he was receiving while holding the office of Chief Justice.
(3)
When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who
was until then the most senior of the other Judges shall rank next after him in order of seniority.
(4)
A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again
be appointed to that office.
(5)
The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.
Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of
sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed
that term.
507
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5
(with effect from
September 16, 1976).
508
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 2
(with effect from
December 13, 1976).
509
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9
(with effect from
October 21, 2024) for ".".
510
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9
(with effect from
October 21, 2024).
511
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 25
(with effect from
November 13, 2025) for "Pakistan".
512
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 25
(with effect from
November 13, 2025) for "Pakistan".
513
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a)
(with effect from
November 13, 2025) for "Pakistan".
514
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a)
(with effect from
November 13, 2025) for "Pakistan".
515
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 35
(with effect from
March 2, 1985) for "one of the judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than
under this Article".
516
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(b)
(with effect from
November 13, 2025) for "the most senior".
517
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a)
(with effect from
November 13, 2025) for "Pakistan".
518
Inserted by Constitution (Amendment) Order, 1982 (President's Order No. 2 of 1982), Section 2
(with effect from
February 27, 1982).
519
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 27
(with effect from
November 13, 2025) for "Pakistan".
520
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 5
(with effect from
January 1, 2011).
521
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 28(a)
(with effect from
November 13, 2025) for "Pakistan".
522
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 28(b)
(with effect from
November 13, 2025) : :
(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 523 appoint.
523
For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of Pakistan, 1974, Part III, page 1387.
524
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 29
(with effect from
November 13, 2025) : :
184
Original Jurisdiction of Supreme Court.
(1)
The Supreme Court shall, to the exclusion of every
other court, have original jurisdiction in any dispute between
any two or more Governments.
Explanation.- In this clause,
"Governments" means the Federal Government and the Provincial Governments.
(2)
In the exercise of the jurisdiction conferred on
it by clause (1), the Supreme Court shall pronounce declaratory
judgments only.
(3)
Without prejudice to the provisions of Article 199, the
Supreme Court shall, if it considers that a question of public
importance with reference to the enforcement of any of the
Fundamental Rights conferred by Chapter I of Part II is involved
have the power to make an order of the nature mentioned in the said
Article525[:]525
526[Provided that the Supreme Court shall not make an order or
give direction or make a declaration on its own or in the nature of
suo motu exercise of jurisdiction beyond the contents of any
application filed under this clause.]526
525
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10
(with effect from
October 21, 2024) for ".".
526
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10
(with effect from
October 21, 2024).
527
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 30
(with effect from
November 13, 2025) for :
185
Appellate Jurisdiction of Supreme Court.
(1)
Subject to this Article, the Supreme Court shall
have jurisdiction to hear and determine appeals from judgments,
decrees, final orders or sentences.
(2)
An appeal shall lie to
the Supreme Court from any judgment, decree, final order or
sentence
(a)
if the High Court has on appeal reversed an
order of acquittal of an accused person and sentenced him to
death or to transportation for life or imprisonment for
life; or, on revision, has enhanced a sentence to a sentence
as aforesaid; or
(b)
if the High Court has withdrawn for trial
before itself any case from any court subordinate to it and
has in such trial convicted the accused person and sentenced
him as aforesaid; or
(c)
if the High Court has imposed any
punishment on any person for contempt of the High Court; or
(d)
if the amount or value of the subject
matter of the dispute in the court of first instance was,
and also in dispute in appeal is, not less than 528[one million]528 rupees or such other sum as may be specified in
that behalf by Act of 529[Majlis-e-Shoora (Parliament)]529 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.
528
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 11
(with effect from
October 21, 2024) for "fifty
thousand".
529
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
530
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 31
(with effect from
November 13, 2025) : :
186
Advisory Jurisdiction.
(1)
If, at any time, the President considers that it
is desirable to obtain the opinion of the Supreme Court on any
question of law which he considers of public importance, he may
refer the question to the Supreme Court for consideration.
(2)
The Supreme Court shall consider a question so referred
and report its opinion on the question to the President.
531
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 32
(with effect from
November 13, 2025) : :
Power of Supreme Court to transfer cases. The Supreme Court may, if it considers it expedient to do so
in the interest of justice, transfer any case, appeal or other
proceedings, pending before any High Court to any other High Court or
to itself.
Power of Supreme Court to transfer cases. The Supreme Court may, if it considers it expedient to
do so in the interest of justice, transfer any case, appeal or other
proceedings pending before any High Court to any other High Court.
533
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 36
(with effect from
March 2, 1985).
534
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(a)
(with effect from
November 13, 2025).
535
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 7
(with effect from
September 16, 1976) for "The".
536
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(b)(i)
(with effect from
November 13, 2025).
537
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13
(with effect from
October 21, 2024) for ".".
538
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13
(with effect from
October 21, 2024).
539
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(b)(ii)
(with effect from
November 13, 2025).
540
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
541
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 34
(with effect from
November 13, 2025) for :
189
Decisions of Supreme Court binding on other Courts. Any decision of the Supreme Court shall, to the extent
that it decides a question of law or is based upon or enunciates a
principle of law, be binding on all other courts in Pakistan.
542
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 35(a)
(with effect from
November 13, 2025).
543
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 35(b)
(with effect from
November 13, 2025).
544
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 36
(with effect from
November 13, 2025) for :
191
Rules of Procedure. Subject to the Constitution and law, the Supreme Court
may make rules regulating the practice and procedure of the Court.
545
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 37
(with effect from
November 13, 2025) : :
There shall be Constitutional Benches of the Supreme Court, comprising such Judges of the Supreme Court and for such term,
as may be nominated and determined by the Judicial Commission of Pakistan, from time to time:
Provided that the Constitutional Benches may comprise equal number of
Judges from each Province.
(2)
The most senior Judge amongst Judges nominated under clause
(l) shall be the most senior Judge of the Constitutional Benches.
(3)
No Bench of the Supreme Court other than a Constitutional Bench shall exercise following jurisdictions vested in the Supreme
Court, namely:-
(a)
original jurisdiction of the Supreme Court under Article 184;
(b)
appellate jurisdiction of the Supreme Court under clause (3) of Article 185, where a judgment or order of a High Court passed
under Article 199 involves constitutionality of any law or a substantial question of law as to the interpretation of the Constitution;
and
(c)
advisory jurisdiction of the Supreme Court under Article 186.
(4)
For the purposes of clause (3), a Bench consisting of not less
than five Judges, to be nominated by a committee comprising the
most senior Judge of the Constitutional Benches and next two
most senior Judges from amongst the Judges nominated under
clause (1), shall hear and dispose of such matters.
(5)
All petitions, appeals or review applications against judgments
rendered or orders passed, to which clause (3) applies, pending or filed in the Supreme Court prior to commencement of the
Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), forthwith stand transferred to the Constitutional Benches
and shall only be heard and decided by Benches constituted under clause (4).
(6)
Notwithstanding anything contained in the Constitution but subject to
law, the Judges nominated under clause (1) may make rules regulating the practice and procedure of the Constitutional Benches.
546
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 14
(with effect from
October 21, 2024).
Part VII, Chapter 3: The High Courts
547
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 8
(with effect from
December 1, 1976) for :
(2)
Notwithstanding anything contained in Article 175, any two provinces may, with the consent of the President, agree that there
shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly.
Explanation.- The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to
have been established under this clause.
(3)
A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established.
(4)
The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including provisions relating
to sharing of expenditure connected with the high Court, as may appear necessary or desirable for giving effect to the purposes
of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province
under this Chapter shall be discharged in respect of the High Court, and the Governor so specified shall have the power to
discharge that function.
548
For such Order in respect of establishment of High Courts for Baluchistan and Sind, see the President's Order No. 6 of 1976
of November 29, 1976, Gazette of Pakistan, 1976, Extraordinary, Part I, pages 595-99.
549
Renumbered from "(5)". by Constitution (Twenty-seventh Amendment) Act, 2025, Article 38
(with effect from
November 13, 2025)
550
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
551
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 69(i)
(with effect from
April 19, 2010) for :
(1)
A Judge of a High Court shall be appointed by the
President after consultation-
(a)
with the Chief Justice of Pakistan;
(b)
with the Governor concerned; and
except where the appointment is that of Chief
Justice, with the Chief Justice of the High Court.
552
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 15
(with effect from
October 21, 2024) for :
(2)
A person shall not be appointed a Judge of a High
Court unless he is a citizen of Pakistan, is not less than
553[forty-five]553
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.
555[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.]555
553
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 69(ii)
(with effect from
August 21, 2002) for "554[forty-five]554".
554
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(4)
(with effect from
October 9, 2002) for "forty".
555
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 8
(with effect from
May 4, 1974).
556
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 39
(with effect from
November 13, 2025) : :
(3)
In this Article, "District Judge" means Judge of a
principal civil court of original jurisdiction.
557
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 70
(with effect from
April 19, 2010) for ".".
558
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70
(with effect from
April 19, 2010).
559
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 7
(with effect from
December 31, 2003) for :
A Judge of a High Court shall hold office until
he attains the age of 561[sixty-five years]561, unless he sooner resigns
or is removed from office in accordance with the Constitution.
560
Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976)
561
Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(4)
(with effect from
October 9, 2002) for "sixty-two years".
562
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 37
(with effect from
March 2, 1985) : :
The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment)
Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter
have the option either:
(a)
to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining
the age of sixty-two years; or
(b)
to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which
he was receiving while holding the office of Chief Justice.
(3)
When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judges who was
until then the most senior of the other Judges shall rank next after him in order of seniority.
(4)
A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed
to be the Chief Justice of that High Court.
(5)
The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.
Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two
years before he has held that office for a term of four years may continue to hold that office until he has completed that
term.
563
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976).
564
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 3
(with effect from
December 13, 1976).
565
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 38
(with effect from
March 2, 1985) for "566[one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than
under this Article]566".
566
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 9
(with effect from
September 16, 1976) for "the most senior of the other Judges of the High Court".
567
Renumbered by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 39
(with effect from
March 2, 1985)
568
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 71(i)
(with effect from
April 19, 2010).
569
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 39
(with effect from
March 2, 1985).
570
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70(ii)(a)
(with effect from
April 19, 2010).
571
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 70(ii)(b)
(with effect from
April 19, 2010).
572
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 16
(with effect from
October 21, 2024).
573
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 9
(with effect from
May 4, 1974) for :
(3)
An order shall not be made under clause (1) on application made by or in relation to a member of the Armed Forces of Pakistan
in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any
action taken in relation to him as a member of the Armed Forces of Pakistan.
574
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(1)
(with effect from
March 2, 1985) : :
Notwithstanding any judgment of any Court, including any judgment in respect of the powers of Courts relating to judicial
review, a High Court shall not, under this Article:-
(a)
make an order relating to the validity or effect of,any Martial Law Regulation made by the Chief Martial Law Administrator
or any Martial Law Order made by the Chief Martial Law Administrator or a Martial Law Administrator or of anything done, or
intended to be done or taken, thereunder;
(b)
make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal;
(c)
grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military
Court or Tribunal extends and of which cognizance has been taken by a Military Court or Tribunal; or
(d)
issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the
authority of either.
(3B)
Every such order, injunction or process as is referred to in clause (3-A) made, granted or issued at any time before or after
the commencement of the Constitution (Amendment)Order, 1980, shall, notwithstanding any judgment of any Court, be null and
void and of no effect whatsoever and any proceedings for the making, granting or issue Of such order, injunction or process
which may be pending before any Court, including the Supreme Court and a High Court, shall abate.
(3C)
The Proclamation of the fifth day of July 1977, all President's Orders, Orders of the Chief Martial Law Administrator, Martial
Law Regulations and Martial Law Orders made on or after the fifth day of July 1977, are hereby declared, notwithstanding any
judgment of any Court, to have been validly made.
an order prohibiting the making, or suspending the operation,of an order for the detention of any person under any law providing
for preventive detention;
(b)
an order for the release on bail of any person detained under any law providing for preventive detention;
(c)
an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against
whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at any police
station, in respect of an offence, or who has been convicted by any court or tribunal.
(d)
an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court
or tribunal, in respect of an offence; or
(e)
any other interim order in respect of any person referred to in any of the preceding paragraphs.
(3B)
Every such order as is referred to in clause (3A) made at any time after the commencement of the Constitution (Fourth Amendment)
Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any
High Court shall abate.
(3C)
The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal
or in an appeal, from an order such as is referred to in the said clause (3A) that my be pending-before the Supreme Court
immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976.
577
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 8(a)
(with effect from
November 21, 1975).
578
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(2)
(with effect from
March 2, 1985).
579
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 72
(with effect from
April 19, 2010) for :
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, 582[State Property or]582 assessment or
collection of public revenues shall cease to have effect on the
expiration of a period of 583[six months]583 following the day
on which it is made, 584[provided that the matter shall be
finally decided by the High Court within six months from the date on
which the interim order is made]584.
580
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 40(a)
(with effect from
November 13, 2025) for :
Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is
made.
581
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 8(b)
(with effect from
November 21, 1975).
582
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(3)(a)
(with effect from
March 2, 1985).
583
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(3)(b)
(with effect from
March 2, 1985) for "sixty days".
584
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 18
(with effect from
August 21, 2002) for "unless the case is finally decided, or the
interim order is withdrawn, by the Court earlier".
585
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(4)
(with effect from
March 2, 1985).
586
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 40(b)
(with effect from
November 13, 2025).
587
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 41
(with effect from
November 13, 2025) for :
200
Transfer of High Court Judges
(1)
The President may transfer a Judge of a High Court
from one High Court to another High Court, but no Judge shall be
so transferred except with his consent and after consultation
by the President with the Chief Justice of Pakistan and the
Chief Justices of both High Courts 588[:]588589[]589
Explanation.- In this Article, "Judge" does not include a Chief Justice 592[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]592.
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.
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.
595[Explanation.- In this Article,
"High Court" includes a Bench of a High Court.]595
588
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 12
(with effect from
September 16, 1976) for ".".
589
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 73(i)
(with effect from
April 19, 2010) : :
590[Provided
that such consent, or consultation with the Chief Justices of
the High Courts, shall not be necessary if such transfer is for a
period not exceeding 591[two years]591 at a time.]590
590
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 12
(with effect from
September 16, 1976).
591
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985) for "one year".
592
Inserted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 3(a)
(with effect from
March 19, 1985).
593
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985) for :
(2)
When a judge is so transferred, he shall, during the period for which he serves as a judge of the High Court to which he is
transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine.
594
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 10
(with effect from
May 4, 1974).
595
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985).
596
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 73(ii)
(with effect from
April 19, 2010) : :
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.
597
Inserted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 3(c)
(with effect from
March 19, 1985).
598
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 17
(with effect from
October 21, 2024).
599
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 42
(with effect from
November 13, 2025) for :
(3)
No Bench of a High Court other than a Constitutional Bench
shall exercise jurisdiction vested in the High Court under
sub-paragraph (i) of paragraph (a) and paragraph (c) of clause (1) of
Article 199.
Part VII, Chapter 3A: Federal Shariat Court
600
Substituted by Constitution (Amendment) Order, 1980 (President's Order No. 1 of 1980), Section 3
(with effect from
May 26, 1980) for Chapter 3A: "Shariat Bench of Superior Courts"
601
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982) for :
(a)
"Chairman" means chairman of the Court;"
602
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982).
603
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Section 2, Sch. item 42
(with effect from
March 2, 1985) for "604[five]604".
604
Substituted by Constitution (Second Amendment) Order, 1984 (President's Order No. 2 of 1984), Section 2
(with effect from
April 26, 1984) for "605[four]605".
605
Substituted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983) for "three".
606
The following was omitted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 2(a)
(with effect from
March 22, 1982) : :
(d)
'member' means member of the Court.
607
Substituted by Constitution (Second Amendment) Order, 1981 (President's Order No. 7 of 1981), Section 2
(with effect from
May 27, 1981) for :
(2)
The Court shall consist of five 611[Muslim]611members
including the Chairman to be appointed by the President.
608
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(a)
(with effect from
March 22, 1982) for "members".
609
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
610
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(i)
(with effect from
April 19, 2010).
611
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(a)
(with effect from
June 21, 1980).
612
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 4(a)
(with effect from
March 19, 1985) for :
(3)
The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be
a person who is, or has been or is qualified to be a Judge of a High Court.
613
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 18
(with effect from
October 21, 2024).
614
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(ii)
(with effect from
April 19, 2010) for "who are
well-versed in Islamic law".
615
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
616
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
617
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(iii)
(with effect from
April 19, 2010) : "
for a period exceeding 618[two years]618".
618
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 4(b)
(with effect from
March 19, 1985) for "one year".
619
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(b)
(with effect from
June 21, 1980).
620
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 2(c)
(with effect from
June 21, 1980).
621
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
622
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
623
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 43
(with effect from
March 2, 1985).
624
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(iv)
(with effect from
April 19, 2010) for :
(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.
625
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
(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.
626
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(v)
(with effect from
April 19, 2010) : :
(5)
A Judge of a High Court who does not accept
appointment as a 627[Judge]627 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.
627
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
628
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
629
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
630
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
631
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
632
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
633
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
634
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
635
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 74(vi)
(with effect from
April 19, 2010).
636
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(b)
(with effect from
March 22, 1982) for "Chairman".
637
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(a)
(with effect from
August 21, 2002) for "salary".
638
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 3(c)
(with effect from
March 22, 1982) for "member".
639
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(a)
(with effect from
August 21, 2002) for "salary".
640
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(b)
(with effect from
August 21, 2002) for ".".
641
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 19(b)
(with effect from
August 21, 2002).
642
The following was omitted by Constitution (Second Amendment) Order, 1981 (President's Order No. 7 of 1981), Section 3
(with effect from
May 27, 1981) : :
The President may, in consultation with the Chairman, draw up a
panel of Ulema who are well-versed in Islamic law for being
associated with the Court in cases before it.
(2)
The Chairman shall, in all cases before the Court, request the
Ulema not exceeding three, borne on aforesaid panel to attend the
sittings of the Court as Ulema members and, while so sitting, they
shall have the same power and jurisdiction, and be entitled to the
same privileges, as a member and such allowances as may be
determined by the President.
643
Inserted by Constitution (Amendment) Order, 1981 (President's Order No. 5 of 1981), Section 2
(with effect from
April 13, 1981).
644
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 4
(with effect from
March 22, 1982).
645
Inserted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(a)
(with effect from
February 14, 1984).
646
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 75
(with effect from
April 19, 2010) : "or the Concurrent Legislative
List".
647
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 75
(with effect from
April 19, 2010).
648
Substituted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(b)
(with effect from
February 14, 1984) for ".".
649
Inserted by Constitution (Amendment) Order, 1984 (President's Order No. 1 of 1984), Section 2(b)
(with effect from
February 14, 1984).
650
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 18
(with effect from
October 21, 2024) for ".".
651
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 19
(with effect from
October 21, 2024).
652
The following was omitted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 3
(with effect from
June 21, 1980) : :
(4)
A decision of the Court shall be expressed in terms of the opinion of the majority of its members and shall be published in
the official Gazette.
653
Substituted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 5
(with effect from
March 22, 1982) for :
654
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 4
(with effect from
June 21, 1980).
655
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 5
(with effect from
June 21, 1980).
656
Inserted by Constitution (Amendment) Order, 1981 (President's Order No. 5 of 1981), Section 2
(with effect from
April 13, 1981).
657
Substituted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983) for ".".
658
Inserted by Constitution (Second Amendment) Order, 1983 (President's Order No. 7 of 1983), Section 2
(with effect from
May 19, 1983).
659
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 6
(with effect from
March 22, 1982).
660
Substituted by Constitution (Third Amendment) Order, 1982 (President's Order No. 12 of 1982), Section 2
(with effect from
August 15, 1982) for :
(3)
For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court
a Bench consisting of three Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench, and reference in
the preceding clauses to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.
661
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 7
(with effect from
March 22, 1982).
662
The following was omitted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 8
(with effect from
March 22, 1982) : :
203I
Administrative arrangements, etc. The Federal Government shall make all such administrative arrangements, and make available to the Court the services of such
officers and experts, as it may consider necessary for the convenient performance of the functions of the Court.
663
The following was omitted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980) : "and".
664
Substituted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980) for ".".
665
Inserted by Constitution (Second Amendment) Order, 1980 (President's Order No. 4 of 1980), Section 6
(with effect from
June 21, 1980).
Part VII, Chapter 4: General Provisions Relating to the Judicature
667
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 44
(with effect from
March 2, 1985) for :
204
(1)
In this Article "Court means the Supreme Court or a High Court.
668
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 43
(with effect from
November 13, 2025).
669
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 13
(with effect from
December 1, 1976) for :
(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.
Explanation.-Fair comment made in good faith and in the public interest on the working of the Court or any of its final decisions
after the expiry of the period of limitation for appeal, if any, shall not constitute contempt of Court.
(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.
670
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 44
(with effect from
November 13, 2025).
671
Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14
(with effect from
September 16, 1976)
672
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 45(a)
(with effect from
November 13, 2025).
673
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 45(b)
(with effect from
November 13, 2025) for :
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.
674
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14
(with effect from
September 16, 1976).
675
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a)
(with effect from
November 13, 2025) for "Supreme Court".
676
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a)
(with effect from
November 13, 2025) for "Supreme Court".
677
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a)
(with effect from
November 13, 2025) for "Supreme Court".
678
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(i)
(with effect from
November 13, 2025).
679
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(ii)
(with effect from
November 13, 2025) for "; and".
680
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(iii)
(with effect from
November 13, 2025) : :
(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.
681
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(a)
(with effect from
November 13, 2025).
682
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 20
(with effect from
October 21, 2024) for "Supreme Court 683[and the Federal Shariat Court]683".
683
Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 9
(with effect from
March 22, 1982).
684
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(b)
(with effect from
November 13, 2025) for ".".
685
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(b)
(with effect from
November 13, 2025).
686
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 21
(with effect from
October 21, 2024) for :
209
Supreme Judicial Council.
(1)
There shall be a Supreme Judicial Council of
Pakistan, in this Chapter referred to as the Council.
(2)
The Council shall consist of,
(a)
the Chief Justice of Pakistan;
(b)
the two next most senior Judges of the
Supreme Court; and
(c)
the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the
inter se seniority of the Chief Justices of the High Courts
shall be determined with reference to their dates of appointment
as Chief Justice 698[otherwise than as acting Chief Justice]698,
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.
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.
687
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(a)
(with effect from
November 13, 2025) for :
(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 the 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 the High Courts.
688
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(b)
(with effect from
November 13, 2025) for :
(3)
If at any time, the Council is inquiring into the capacity,
efficiency 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 if such member is the-
(a)
Chief Justice or 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)
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.
689
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(i)
(with effect from
November 13, 2025).
690
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(ii)
(with effect from
November 13, 2025).
691
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(iii)
(with effect from
November 13, 2025).
692
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(iii)
(with effect from
November 13, 2025).
693
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(d)(i)
(with effect from
November 13, 2025).
694
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(d)(i)
(with effect from
November 13, 2025).
695
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(e)
(with effect from
November 13, 2025).
696
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(f)
(with effect from
November 13, 2025).
697
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(g)
(with effect from
November 13, 2025).
698
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 11
(with effect from
May 4, 1974).
699
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 76
(with effect from
April 19, 2010) for :
(5)
If, on information 700[from any source, the Council or]700, 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 701[,or the Council may, on its own motion,]701 inquire into the matter.
700
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(i)
(with effect from
August 21, 2002) for "received from the Council or
from any other source".
701
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(ii)
(with effect from
August 21, 2002) for "Council to".
702
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(a)
(with effect from
November 13, 2025) for "Supreme Court".
703
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(a)
(with effect from
November 13, 2025) for "Supreme Court".
704
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(b)
(with effect from
November 13, 2025) for "Supreme Court".
705
Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so) for "establish".
706
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
707
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
708
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 15
(with effect from
September 16, 1976).
709
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
710
For such law, see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974).
711
The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 45
(with effect from
December 30, 1985) : :
Notwithstanding anything herein before contained, the Chief Martial Law Administrator may, by a Martial Law Order, provide
for the establishment of one or more Military Courts or Tribunals for the trial of offences punishable under the Martial Law
Regulations or Martial Law Orders or any other law, including a special law, for the time being in force specified in the
said Martial Law Order and for the transfer of cases to such Courts or Tribunals.
(2)
The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued
by the Chief Martial Law Administrator.
(3)
Notwithstanding anything herein before contained, where any Military Court or Tribunal is established, no other Court, including
a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the
jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred
to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other
Court, other than an appeal pending before the Supreme Court shall abate.
Establishment of Special Courts for trial of heinous offences.
(1)
In order to ensure speedy trial of cases of persons accused of
the heinous offences specified by law as are referred to them by
the Federal Government, or an authority or person authorized by it,
in view of their being gruesome, brutal and sensational in
character or shocking to public morality, the Federal Government
may by law constitute as many Special Courts as it may consider
necessary.
(2)
Where the Federal Government constitutes more than one Special
Court, it shall determine the territorial limits within which each
one of them shall exercise jurisdiction.
(3)
A Special Court shall consist of a Judge, being a person who
is, or has been or is qualified for appointment as, a Judge of a
High Court and is appointed by the Federal Government after
consultation with the Chief Justice of the High Court.
(4}
A person other than a Judge of a High Court who is appointed as
a Judge of a Special Court shall hold office for the period this
Article remains in force and shall not be removed from office
except in the manner prescribed in Article 209 for the removal from
office of a Judge, and, in the application of the said Article for
the purposes of this clause, any reference in that Article to a
Judge shall be construed as a reference to a Judge of a Special
Court.
(5)
The law referred to in clause (1) shall make provision for the
constitution of as many Supreme Appellate Court as the Federal
Government may consider necessary and an appeal against the
sentence or final order of a Special Court being preferred to a
Supreme Appellate Court which shall consist of -
(a)
a Chairman, being a Judge of the Supreme Court to be nominated
by the Federal Government after consultation with the Chief Justice
of Pakistan, and
(b)
two Judges of the High Courts to be nominated by the Federal
Government after consultation with the Chief Justice of the High
Court concerned.
(6)
Where the Federal Government constitutes more than one Supreme
Appellate Court, it shall determine the territorial limits within
which each one of them shall exercise Jurisdiction.
(7)
A Special Court and a Supreme Appellate Court shall decide a
case or, as the case may be, an appeal with thirty days.
(8)
Notwithstanding anything contained in the Constitution, no
Court shall exercise any jurisdiction whatsoever in relation to any
proceedings before, or order or sentence passed by a Special Court
or a Supreme Appellate Court constituted under a law referred to in
clause (1), except as provided in such law.
714
Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2
(with effect from
July 28, 1991).
Part VIII, Chapter 1: Chief Election Commissioner and Elections Commissions
715
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2
(with effect from
June 8, 2016) for "Commissions".
716
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(i)
(with effect from
April 19, 2010) : "717[in his discretion.]717".
717
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 46
(with effect from
March 2, 1985).
718
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(i)
(with effect from
June 8, 2016) for :
(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.
719
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(ii)
(with effect from
April 19, 2010).
720
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii)
(with effect from
June 8, 2016) for ".".
721
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii)
(with effect from
June 8, 2016).
722
The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(a)
(with effect from
June 8, 2016) : :
Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate
lists to the Parliamentary Committee for consideration which may confirm any one name:
723
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(i)
(with effect from
January 1, 2011) for :
Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall
be from the Senate:
724
The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(b)
(with effect from
June 8, 2016) : "further".
725
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(c)
(with effect from
June 8, 2016) for "also".
726
Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(ii)
(with effect from
January 1, 2011) for "Parliamentary Committee shall comprise".
727
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iv)
(with effect from
June 8, 2016).
728
The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 3(a)
(with effect from
February 28, 2012) : "Commissioner's".
729
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 3(b)
(with effect from
February 28, 2012).
730
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(a)
(with effect from
February 28, 2012).
731
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(i)
(with effect from
February 28, 2012).
732
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i)
(with effect from
April 19, 2010) for "five".
733
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(i)
(with effect from
June 8, 2016) for :
734[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent 735[Commissioner]735.]734
734
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i)
(with effect from
April 19, 2010).
735
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(ii)
(with effect from
February 28, 2012).
736
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(ii)
(with effect from
April 19, 2010) : :
Provided that the National Assembly may by
resolution extend the term of the Commissioner by a period not
exceeding one year.
737
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 22(A)
(with effect from
October 21, 2024).
738
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 22(B)
(with effect from
October 21, 2024) for "further".
739
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(i)
(with effect from
February 28, 2012).
740
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(ii)
(with effect from
February 28, 2012).
741
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(d)
(with effect from
February 28, 2012).
742
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(ii)
(with effect from
June 8, 2016).
743
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(a)
(with effect from
February 28, 2012).
744
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(b)
(with effect from
February 28, 2012).
745
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(c)
(with effect from
February 28, 2012).
746
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6
(with effect from
June 8, 2016) for ":".
747
The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6
(with effect from
June 8, 2016) : :
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 Commissioner748[.]748
748
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(i)
(with effect from
April 19, 2010).
749
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(ii)
(with effect from
April 19, 2010) : :
(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.
750
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 7
(with effect from
June 8, 2016) for "a Judge of the Supreme Court nominated by the Chief Justice of
Pakistan".
751
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(i)
(with effect from
April 19, 2010) for :
For the purpose of election to both Houses
of Majlis-e-Shoora (Parliament), Provincial Assemblies
and for election of such other public offices as may be
specified by law or until such law is made by the
Majlis-e-Shoora (Parliament) by Order of the President,
a permanent Election Commission shall be constituted in
accordance with this Article.
752
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(1)
(with effect from
August 21, 2002) for :
(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.
753
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(ii)
(with effect from
April 19, 2010) for :
(2)
The Election Commission shall consist of,
(a)
the Commissioner who shall be Chairman of
the Commission; and
(b)
755[four]755 members each of whom shall be a Judge
of a High Court 756[from each Province]756appointed by the President after
consultation with the Chief Justice of the High Court
concerned and with the Commissioner.
754
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 8
(with effect from
June 8, 2016) for :
(b)
four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided
for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.
755
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(2)(i)
(with effect from
August 21, 2002) for "two".
756
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(2)(ii)
(with effect from
August 21, 2002).
757
The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 6
(with effect from
February 28, 2012) : "constituted in relation to an election".
758
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(i)
(with effect from
June 8, 2016) for "Commissioner".
759
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(i)
(with effect from
April 19, 2010) for "Commissioner".
760
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(ii)
(with effect from
June 8, 2016) for :
(a)
preparing electoral rolls for election to the
National Assembly and the Provincial Assemblies, and revising
such rolls annually,
761
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii)
(with effect from
April 19, 2010) for ".".
762
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii)
(with effect from
April 19, 2010).
763
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 7
(with effect from
February 28, 2012) for ".".
764
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 7
(with effect from
February 28, 2012).
765
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(i)
(with effect from
June 8, 2016) for "servants".
766
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
767
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 82
(with effect from
April 19, 2010).
768
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)
(with effect from
June 8, 2016) for "servants".
769
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 82
(with effect from
April 19, 2010) : "Commissioner or an".
770
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)
(with effect from
June 8, 2016) for "Election Commission".
Part VIII, Chapter 2: Electoral Laws and Conduct of Elections
771
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
772
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 11(i)
(with effect from
June 8, 2016).
773
The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(a)
(with effect from
June 8, 2016) : "and".
774
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(a)
(with effect from
June 8, 2016).
775
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(b)
(with effect from
June 8, 2016).
776
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(iii)
(with effect from
June 8, 2016) for "an".
777
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 83(i)
(with effect from
April 19, 2010) for :
(1)
A general election to the National Assembly or a
Provincial Assembly shall be held within a period of sixty days
immediately 778[following]778 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 day779[:]779
780[Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the
Governor, in his discretion but with the previous approval of the President, shall appoint a care-taker Cabinet.]780
778
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 22(a)(i)
(with effect from
August 21, 2002) for "preceding".
779
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 22(a)(ii)
(with effect from
August 21, 2002) for ".".
780
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 22(a)(ii)
(with effect from
August 21, 2002).
781
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 83(ii)
(with effect from
April 19, 2010).
782
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 8(a)(i)
(with effect from
February 28, 2012) for "selected".
783
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 8(a)(ii)
(with effect from
February 28, 2012).
784
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 8(a)(iii)
(with effect from
February 28, 2012) for "further".
785
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2(a)
(with effect from
April 19, 2010) : "786[general]786".
786
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 22(b)
(with effect from
August 21, 2002).
787
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2(a)
(with effect from
April 19, 2010) : :
When a seat reserved for women or non-Muslims in
the National Assembly or a Provincial Assembly falls
vacant, for death, resignation or disqualification of
a member, it shall be filled by the next person in
order of precedence from the party list of the
candidates submitted to the Election Commission for
the last general election by the political party whose
member has vacated such seat.
(7)
When a care-taker Cabinet is appointed, on
dissolution of the National Assembly under Article
58 or a Provincial Assembly under Article 112, or
on dissolution of any such Assembly on completion
of its term, the Prime Minister or, as the case
may be, the Chief Minister of the care-taker
Cabinet shall not be eligible to contest the
immediately following election of such Assembly.
788
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 22(c)
(with effect from
August 21, 2002).
789
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 83(iii)
(with effect from
August 21, 2002).
790
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 8(b)
(with effect from
February 28, 2012) for ".".
791
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 8(c)
(with effect from
February 28, 2012).
792
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 9
(with effect from
February 28, 2012).
793
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 84
(with effect from
April 19, 2010) for :
226
Elections to be secret ballot. All elections under the Constitution 794[]794 shall be by
secret ballot.
794
The following was omitted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 5
(with effect from
March 19, 1985) : "other than those of the Prime Minister and a Chief Minister".
Part IX: Islamic Provisions
795
Inserted by Constitution (Third Amendment) Order, 1980 (President's Order No. 14 of 1980), Section 2
(with effect from
September 17, 1980).
796
For the notification constituting the Council of Islamic Ideology, see Gazette of Pakistan, 1974, Extraordinary, part II,
Page 165. For the Council of Islamic Ideology (Terms and Conditions of Members) Rules, 1974, see Gazette of Pakistan, 1974,
Extraordinary, Part II, page 1727.
797
Substituted by Constitution (Fourth Amendment) Order, 1980 (President's Order No. 16 of 1980), Section 2
(with effect from
November 30, 1980) for "fifteen".
798
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 85
(with effect from
April 19, 2010) for "four".
799
Substituted by Constitution (Fourth Amendment) Order, 1982 (President's Order No. 13 of 1982), Section 2
(with effect from
September 22, 1982) for :
(4)
The President shall appoint one of the members referred to in paragraph (b) of clause (3) to be the Chairman of the Islamic
Council.
800
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
801
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 23
(with effect from
October 21, 2024) for "two-fifths".
802
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
803
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
804
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 24
(with effect from
October 21, 2024) for ".".
805
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 24
(with effect from
October 21, 2024).
806
For the Council of Islamic Ideology (Procedure) Rules, 1974, see Gazette of Pakistan, 1974, Extraordinary, Part II, pages
771-773.
Part X: Emergency Provisions
807
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86
(with effect from
April 19, 2010).
808
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86
(with effect from
April 19, 2010).
809
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 47
(with effect from
March 2, 1985) for :
(a)
Parliament shall have power to make laws for a province, or any part thereof, with respect to any matter enumerated in Part
II of the Federal Legislative List or the Concurrent Legislative List or with respect to any matter not enumerated in either
of those Lists, as if it were a matter specified in Part I of the Federal Legislative List.
810
For such Order, in respect of N.W.F.P., see S.R.O. No. 22 (I)/75, dated February 16, 1975, Gazette of Pakistan, 1975, Extraordinary,
Part II, page 329, since rescinded by S.R.O. No. 522 (I)/75, dated May 3, 1975, see Gazette of Pakistan, 1975, Extraordinary,
Part II, page 727; and For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641 (I)/76, dated June 30,
1976, Gazette of Pakistan, 1976, Extraordinary, Part II, page 1207, since rescinded by S.R.O. No. 1161 (I)/76, dated December
6, 1976, see Gazette of Pakistan, 1976, Extraordinary, Part II, page 2279.
811
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
812
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
813
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
814
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
815
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
816
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
817
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
818
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
819
Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Section 3
(with effect from
February 13, 1975) for :
(b)
may by resolution of a 820 joint sitting, be continued in force for a period not exceeding six months at a time.
820
For resolutions under original paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gazette
of Pakistan, 1974, Extraordinary, Part II, page 343, and page 1183.
821
The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide Gazette of
Pakistan, 1973, Extraordinary, part I, 602, has been rescinded by S.R.O. 1093 (I)/74, dated August 14, 1974. See Gazette of
Pakistan, 1974, Extraordinary, Part II, page 1548.
822
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 87
(with effect from
April 19, 2010) for :
823
The joint sitting passed the following resolution on September 6, 1973:- "That the joint sitting approves under clause
(7) of Article 232 of the Constitution, read with clause (3) of the Article 233 thereof, the President's Order of the 14th
of August, 1973, made under clause (2) of the said Article 233 and the continuance in force of the said Order for the period
of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Article 232.". For
resolution approving the continuance in force of the President's Order of the 14th of August , 1973, for a further period
of six months, see Gazette of Pakistan, 1974, Extraordinary, Part III, page 343.
824
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(i)
(with effect from
April 19, 2010) : "or otherwise".
825
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(ii)
(with effect from
April 19, 2010) for "at a joint sitting".
826
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
827
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
828
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
829
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
830
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
831
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
832
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
833
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
834
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
835
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
836
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
Part XI: Amendment of Constitution
837
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
838
Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 3
(with effect from
March 19, 1985) for :
A Bill to amend this Constitution may originate
in either House and when the Bill has been passed by the
votes of not less than two-thirds of the total membership
of the House it shall be transmitted to the other
House.
(2)
If the Bill is passed without amendment by the
votes of not less than two-thirds of the total membership
of the House to which it is transmitted under clause (1),
it shall be transmitted to all the Provincial
Assemblies.
(3)
If the Bill is passed with amendment by the
votes of not less than two-thirds of the total membership
of the House to which it is transmitted under clause (1),
it shall be reconsidered by the House in which it had
originated; and if the Bill as amended by the former House
is passed by the latter by the votes of not less than
two-thirds of its total membership it shall be transmitted
to all the Provincial Assembles.
(4)
Subject to clause (5), if the Bill transmitted
to the Provincial Assemblies under clause (2) or clause (3)
is passed by each such Assembly by a majority of the total
number of its members present and voting, it shall be
presented to the President for assent.
(5)
A Bill to amend the Constitution which would
have the effect of altering the limits of a Province shall
not be presented to the President for assent unless it has
been passed by the Provincial Assembly of that Province by
the votes of not less than two-thirds of its total
membership.
(6)
No amendment of the Constitution shall be
called in question in any court on any ground
whatsoever.
(7)
For the removal of doubt, it is hereby declared
that there is no limitation whatever on the power of the
Majlis-e-Shoora (Parliament) to amend by way of addition,
modification or repeal any of the provisions of the
Constitution.
839
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 50
(with effect from
November 13, 2025) for :
(5)
No amendment of the Constitution shall be called
in question in any court on any ground whatsoever.
840
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 48
(with effect from
March 2, 1985) for :
239
(1)
A Bill to amend the Constitution shall
originate in the National Assembly and when the Bill
has been passed by the votes of not less than
two-thirds of the total membership of the Assembly it
shall be transmitted to the Senate.
(2)
If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President
for assent.
(3)
If the Bill is passed by the Senate with
amendments, it shall be reconsidered by the National
Assembly; and if the Bill as amended by the Senate is
passed by the Assembly by the votes of not less than
two-thirds of the total membership of the Assembly, it
shall be presented to the President for
assent.
(4)
If the Bill is not passed by the Senate
within ninety days from the day of its receipt the Bill
shall be deemed to have been rejected by the
Senate.
(5)
The President shall assent to the Bill
within seven days of the presentation of the Bill to
him, and if he fails to do so he shall be deemed to
have assented thereto at the expiration of that
period.
(6)
When the President has assented to or is
deemed to have assented to the Bill, the Bill shall
become Act of Parliament and the Constitution shall
stand amended in accordance with the terms
thereof.
(7)
A Bill to amend the Constitution which
would have the effect of altering the limits of a
Province shall not be passed by the National Assembly
unless it has been approved by a resolution of the
Provincial Assembly of that Province passed by the
votes of not less than two-thirds of the total
membership of that Assembly.
Part XII, Chapter 1: Services
841
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
842
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
843
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
844
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 49
(with effect from
March 2, 1985).
845
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(i)
(with effect from
April 19, 2010) for "in his discretion".
846
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(ii)
(with effect from
April 19, 2010).
Part XII, Chapter 2: Armed Forces
847
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 90
(with effect from
April 19, 2010) for :
243
Command of Armed Forces.
(1)
The Federal Government shall have control and
command of the Armed Forces.
848
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 51(a)
(with effect from
November 13, 2025) for :
(4)
The President shall, on advice of the Prime Minister, appoint-
(a)
the Chairman, Joint Chiefs of Staff Committee;
(b)
the Chief of the Army Staff;
(c)
the Chief of the Naval Staff; and
(d)
the Chief of the Air Staff,
and shall also determine their salaries and allowances.
849
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 51(b)
(with effect from
November 13, 2025).
850
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 50
(with effect from
March 2, 1985).
851
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(a)
(with effect from
August 21, 2002).
852
Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b)
(with effect from
August 21, 2002) for "; and".
853
The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b)
(with effect from
August 21, 2002) : :
(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.
854
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(2)
(with effect from
August 21, 2002).
855
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 8
(with effect from
December 31, 2003) for "in his discretion".
856
Renumbered by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4
(with effect from
April 21, 1977)
857
Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4
(with effect from
April 21, 1977).
Part XII, Chapter 3: Tribal Areas
858
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a)
(with effect from
April 19, 2010) for "Baluchistan".
859
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a)
(with effect from
April 19, 2010) for "North-West Frontier".
860
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a)
(with effect from
April 19, 2010) : "and".
861
The following was omitted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(i)
(with effect from
January 1, 2011) : "862[
862
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(b)
(with effect from
April 19, 2010).
863
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(i)
(with effect from
October 1, 1976).
864
Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(ii)
(with effect from
October 1, 1976) for "Hazara".
865
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(i)
(with effect from
May 31, 2018) : "and".
866
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(a)
(with effect from
January 1, 2011).
867
Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(b)
(with effect from
January 1, 2011).
868
Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(b)
(with effect from
December 1, 1976) for :
(v)
Bajaur in Malakand Agency;
869
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(ii)
(with effect from
May 31, 2018) for ".".
870
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 8(iii)
(with effect from
May 31, 2018).
871
The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 9
(with effect from
May 31, 2018) : :
247
Administration of Tribal Areas.
(1)
Subject to the Constitution, the executive
authority of the Federation shall extend to the Federally
Administered Tribal Areas, and the executive authority of a
Province shall extend to the Provincially Administered Tribal
Areas therein.
(2)
The President may, from time to time, give such
directions to the Governor of a Province relating to the whole
or any part of a Tribal Area within the Province as he may deem
necessary, and the Governor shall, in the exercise of his
functions under this Article, comply with such directions.
(3)
No Act of 872[Majlis-e-Shoora (Parliament)]872 shall
apply to any Federally Administered Tribal Area or to any part
thereof, unless the President so directs, and no Act of 873[Majlis-e-Shoora (Parliament)]873 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
situated, 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 874[Majlis-e-Shoora (Parliament)]874, 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 875[Majlis-e-Shoora (Parliament)]875 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.
872
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
873
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
874
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
875
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
Part XII, Chapter 4: General
876
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 52(a)
(with effect from
November 13, 2025) for "The".
877
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 52(b)
(with effect from
November 13, 2025) for :
(2)
No criminal proceedings whatsoever shall be
instituted or continued against the President or a Governor in
any court during his term of office.
878
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 52(c)
(with effect from
November 13, 2025) for :
(3)
No process for the arrest or imprisonment of the
President or a Governor shall issue from any court during his
term of office.
879
The following was omitted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 13
(with effect from
May 4, 1974) : "a Governor,".
880
The following was omitted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 13
(with effect from
May 4, 1974) : "a Governor,".
881
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
882
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 51
(with effect from
March 2, 1985) for "be made in".
883
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 25
(with effect from
October 21, 2024) for "that person".
884
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
885
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 14
(with effect from
May 4, 1974).
886
Inserted by Constitution (Third Amendment) Order, 1981 (President's Order No. 12 of 1981), Section 2
(with effect from
October 12, 1981).
887
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 26
(with effect from
October 21, 2024) for "or nursing".
888
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 14(and deemed to have always been so).
Part XII, Chapter 5: Interpretation
889
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
890
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
891
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 15(a)
(with effect from
May 4, 1974).
892
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(a)
(with effect from
November 13, 2025).
893
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(ab)
(with effect from
November 13, 2025).
894
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 92
(with effect from
April 19, 2010) : :
"consultation" shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and
deliberation which shall not be binding on the President.
895
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 24
(with effect from
August 21, 2002).
896
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
897
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(b)(i)
(with effect from
November 13, 2025).
898
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(b)(ii)(a)
(with effect from
November 13, 2025).
899
Renumbered from "(a)". by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(b)(ii)(b)
(with effect from
November 13, 2025)
900
Renumbered from "(b)". by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(b)(ii)(b)
(with effect from
November 13, 2025)
901
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
902
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(c)
(with effect from
November 13, 2025).
903
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 15(b)
(with effect from
May 4, 1974).
904
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 16
(with effect from
September 16, 1976).
905
Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 5
(with effect from
December 13, 1976).
906
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 53(d)
(with effect from
November 13, 2025).
907
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
908
Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 6
(with effect from
March 19, 1985) for :
A person who does not believe in the absolute and unqualified finality of The Prophethood of MUHAMMAD (Peace be upon him),
the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after MUHAMMAD
(Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of
the Constitution or law.
909
Inserted by Constitution (Second Amendment) Act, 1974 (49 of 1974), Section 2
(with effect from
September 17, 1974).
Part XII, Chapter 7: Transitional
910
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 93
(with effect from
April 19, 2010).
911
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 94
(with effect from
April 19, 2010) : :
(2)
The laws specified in the Sixth Schedule shall not
be altered, repealed or amended 912[, expressedly or impliedly, ]912 without the previous sanction of
the President 913[accorded after consultation with the Prime Minister]913914[:]914
915[Provided that the laws mentioned at entries 27 to
30 and entry 35 in the Sixth Schedule shall stand omitted
after six years.
]915
912
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(a)
(with effect from
August 21, 2002).
913
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(b)
(with effect from
August 21, 2002).
914
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9
(with effect from
December 31, 2003) for ".".
915
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9
(with effect from
December 31, 2003).
916
For such authorization, see Gazette of Pakistan, 1973, Extraordinary, Part II, page 2001.
917
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
918
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
919
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
920
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 19
(with effect from
December 30, 1985) for :
The Proclamation of the fifth day of July, 1977, all President's Orders, Martial Law Regulations, Martial Law Orders and all
other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby declared,
notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything
contained in the Constitution, shall not be called in question in any court on any ground whatsoever.
(2)
All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported
to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force,
in exercise of the powers derived from any Proclamation, President's Orders, Martial Law Regulations, Martial Law Orders,
enactments, notification, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed
by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any
court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court
on any ground whatsoever.
(3)
All President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws
in force immediately before the date on which this Article comes in to force shall continue in force until altered, repealed
or amended by competent authority.
(4)
No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account
of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers
referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported
exercise of such powers.
(5)
For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken
or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended
to be served thereby.
Explanation:- In this Article, "President's Orders"
includes "President and Chief Martial Law Administrator's Order, and
Chief Martial Law Administrator's Orders."
921
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 95(a)
(with effect from
April 19, 2010) : "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,".
922
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 95
(with effect from
April 19, 2010) for :
(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."
923
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 52
(with effect from
March 2, 1985).
924
Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 4
(with effect from
March 19, 1985) for :
(6)
Any of the President's Orders referred to in
clause (1) may be amended in the manner provided for
amendment of the Constitution.
925
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 96
(with effect from
April 19, 2010) for :
The Proclamation of Emergency of the fourteenth day of October,
1999, all President's Orders, Ordinances, Chief Executive's
Orders, including the Provisional Constitution Order No. 1 of
1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000),
Chief Executive's Order No. 12 of 2002, the amendments made in the
Constitution through the Legal Framework Order, 2002 (Chief
Executive's Order No. 24 of 2002), the Legal Framework (Amendment)
Order , 2002 (Chief Executive's Order No. 29 of 2002), the Legal
Framework (Second Amendment) Order, 2002 (Chief Executive's Order
No. 32 of 2002) and all other laws made between the twelfth day of
October, one thousand nine hundred and ninety-nine and the date on
which this Article comes into force (both days inclusive), having
been duly made or accordingly affirmed, adopted and declared to
have been validly made by the competent authority and
notwithstanding anything contained in the Constitution shall not
be called in question in any court or forum on any ground
whatsoever.
(2)
All orders made, proceedings taken, appointments made, including
secondments and deputations, and acts done by any authority, or by
any person, which were made, taken or done, or purported to have
been made, taken or done, between the twelfth day of October, one
thousand nine hundred and ninety-nine, and the date on which this
Article comes into force (both days inclusive), in exercise of the
powers derived from any Proclamation, President's Orders,
Ordinances, Chief Executive's Orders, enactments, including
amendments in the Constitution, notifications, rules, orders,
bye-laws or in execution of or in compliance with any orders made
or sentences passed by any authority in the exercise or purported
exercise of powers as aforesaid, shall, notwithstanding any
judgment of any court, be deemed to be and always to have been
validly made, taken or done and shall not be called in question in
any court or forum on any ground whatsoever.
(3)
All Proclamations, President's Orders, Ordinances, Chief
Executive's Orders, laws, regulations, enactments, including
amendments in the Constitution, notification, rules, orders or
bye-laws in force immediately before the date on which this
Article comes into force shall continue in force, until altered,
repealed or amended by the competent authority.
Explanation: In this clause," competent authority" means,-
(a)
in respect of President's Orders, Ordinances, Chief Executive's
Orders and enactments, including amendments in the Constitution, the
appropriate Legislature; and
(b)
in respect of notifications, rules, orders and bye-laws, the
authority in which the power to make, alter, repeal or amend the same
vests under the law.
(4)
No suit, prosecution or other legal proceedings, including writ
petitions, shall lie in any court or forum against any authority
or any persons, for or on account of or in respect of any order
made, proceedings taken or act done whether in the exercise or
purported exercise of the powers referred to in clause (2) or in
execution of or in compliance with orders made or sentences passed
in exercise or purported exercise of such powers.
(5)
For the purposes of clauses (1), (2) and (4), all orders made,
proceedings taken , appointments made, including secondments and
deputations, acts done or purporting to be made, taken or done by
any authority or person shall be deemed to have been made, taken
or done in good faith and for the purpose intended to be served
thereby".
The Proclamation of
Emergency of the fourteenth day of October, 1999, all
President's Orders, Ordinances, Chief Executive's
Orders, including the Provisional Constitution Order
No.1 of 1999, the Oath of Office (Judges) Order, 2000
(No.l of 2000), the Referendum Order, 2002 (Chief
Executive's Order No. 12 of 2002) and all other laws
made between the twelfth day of October, one thousand
nine hundred and ninety-nine and the date on which
this Article comes into force, are hereby affirmed,
adopted and declared notwithstanding any judgment of
any court, to have been validly made by competent
authority and notwithstanding anything contained in
the constitution shall not be called in question in
any court on any ground whatsoever.
(2)
All orders made, proceedings taken, appointments
made,including secondments and deputations, and
acts done by any authority, or by any person,
which were made, taken or done, or purported to
have been made, taken or done, between the twelfth
day of October, one thousand nine hundred and
ninety-nine, and the date on which this Article
comes into force (both days inclusive), in
exercise of the powers derived from any
proclamation, President's Orders, Ordinances,
Chief Executive's Orders, enactments,
notifications, rules, orders, bye-laws, or in
execution of or in compliance with any orders made
or sentences passed by any authority in the
exercise or purported exercise of powers as
aforesaid, shall, notwithstanding any judgment of
any court, be deemed to be and always to have been
validly made, taken or done and shall not be
called in question in any court on any ground
whatsoever.
(3)
All Proclamations, President's Orders, Ordinances,
Chief Executive's Orders, laws, regulations,
enactments, notifications, rules, orders or
bye-laws in force immediately before the date on
which this Article comes into force shall continue
in force until altered, repealed or amended by
competent authority.
Explanation.- In this clause, "competent authority"
means,
(a)
in respect of President's Orders, Ordinances, Chief Executive's
Orders and enactments, the appropriate Legislature: and
(b)
in respect of notifications, rules, orders and bye-laws, the
authority in which the power to make, alter, repeal or amend the same
vests under the law.
(4)
No suit, prosecution or other legal proceedings shall lie
in any court against any authority or any person,
for or on account of or in respect of any order
made, proceedings taken or act done whether in the
exercise or purported exercise of the powers
referred to in clause (2) or in execution of or in
compliance with orders made or sentences passed in
exercise or purported exercise of such powers.
(5)
For the purposes of clauses (1), (2) and (4), all orders
made, proceedings taken, appointments made,
including secondments and deputations, acts done
or purporting to be made, taken or done by any
authority or person shall be deemed to have been
made, taken or done in good faith and for the
purpose intended to be served thereby.
927
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 26
(with effect from
August 21, 2002).
928
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 97
(with effect from
August 21, 2002).
929
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2
(with effect from
April 19, 2010) : "930[and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002),]930".
930
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 27
(with effect from
August 21, 2002).
931
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 98
(with effect from
April 19, 2010).
932
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2
(with effect from
April 19, 2010) : :
Oath of office of Judges, etc. Notwithstanding anything contained in the Constitution,
all persons appointed as Judges of the Supreme Court, High Courts
and Federal Shariat Court who have taken oath under the Oath of
Office (Judges) Order, 2000 (1 of 2002), or not having been given
or taken oath under that Order have ceased to continue to hold the
office of a Judge shall be deemed to have been appointed or ceased
to continue to hold such office, as the case may be, under the
Constitution and such appointment or cession of office shall have
effect accordingly.
933
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 28
(with effect from
August 21, 2002).
934
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(a)
(with effect from
November 21, 1975).
935
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(b)
(with effect from
November 21, 1975) for :
(a)
the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately
before the commencing day and unless sooner dissolved, shall continue till the fourteenth day of August, one thousand nine
hundred and seventy seven, and reference to "total membership" of the National Assembly in the Constitution shall be construed
accordingly; and
936
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(c)
(with effect from
November 21, 1975).
937
The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1978) : :
A person referred to in clause (2) shall
resign one of his seats at any time on or before the
10th day of November, 1973, and , if he does not so
resign, the seat to which he was elected first shall
become vacant.
938
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
939
The following was omitted by
(with effect from
October 27, 1978) : "940[or otherwise]940".
940
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
941
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 15(b)
(with effect from
May 4, 1974).
942
The following was omitted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a)
(with effect from
November 21, 1975) : "(1)".
943
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a)
(with effect from
November 21, 1975).
944
The following was omitted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973)
(with effect from
August 14, 1974) : :
Until Parliament by law makes provision in that behalf, the President may, for the purpose of the due constitution of, and
election to, the Senate, by Order, make provision of any of the matters referred to in-
(a)
paragraphs (d) and (e) of clause (1) of Article 63;
945
Inserted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973)
(with effect from
June 9, 1973).
946
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a)
(with effect from
November 21, 1975).
947
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a)
(with effect from
November 21, 1975) for :
(a)
the first Assembly of a Province under the Constitution shall consist of the members of the Assembly of that Province in existence
immediately before the commencing day and unless sooner dissolved, shall continue until the fourteenth day of August, one
thousand nine hundred and seventy-seven and reference to "total membership" of the Assembly of a Province in the Constitution
shall be construed accordingly;
948
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(c)
(with effect from
November 21, 1975).
949
The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1978) : "950[or otherwise]950".
950
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
951
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
952
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 17(and deemed to have always been so).
Annex: The Objectives Resolution
953
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art.2 and Sch. item 53
(with effect from
March 2, 1985).
954
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 99
(with effect from
April 19, 2010).
955
Mr. Ardeshir Cowasjee's article 'The sole statesman - 4' - published
in Dawn on July 9, 2000 - makes an interesting observation about a potential disparity between the original Objectives
Resolution and the Annex inserted into the Constitution by P. O. 14 of 1985. The word "freely", which appears in
the original Resolution, notes Mr. Cowasjee, is missing from the clause: "Wherein adequate provision shall be made for
the minorities to *freely* profess and practice their religions and develop their cultures;". This has now been corrected
by the Constitution (Eighteenth Amendment) Act, 2010.
First Schedule
956
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 12, Schedule
(with effect from
November 21, 1975) for First Schedule: "Law exempted from operation of Article 8 (1) and (2)"
957
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), 18(a)
(with effect from
September 16, 1976).
958
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), 18(b)
(with effect from
September 16, 1976).
959
The following was omitted by Constitution (Twenty-First Amendment) Act, 2015, Article 1(3)
(with effect from
January 7, 2017) : :
960
Inserted by Constitution (Twenty-First Amendment) Act, 2015, Article 3
(with effect from
January 7, 2015).
961
Inserted by Constitution (Twenty-third Amendment) Act, 2017 (12 of 2017), Article 3
(with effect from
March 30, 2017).
962
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), 18(c)
(with effect from
September 16, 1976).
Second Schedule
964
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2 and Sch. item 54
(with effect from
March 2, 1985) for SECOND SCHEDULE: "Election of President"
965
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(a)(i)
(with effect from
February 28, 2012) for "Chief Election Commissioner".
966
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 10(a)(ii)
(with effect from
February 28, 2012).
967
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(b)
(with effect from
February 28, 2012) for "Chief Election Commissioner".
968
Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(b)
(with effect from
February 28, 2012) for "Chief Election Commissioner".
Third Schedule
969
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
970
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(i)
(with effect from
April 19, 2010) for "3".
971
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
972
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
973
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
974
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
975
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
976
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(ii)
(with effect from
April 19, 2010) for "131(4)".
977
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
978
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(iii)
(with effect from
April 19, 2010) for "I will discharge".
979
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
980
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
981
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
982
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
983
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 54(a)
(with effect from
November 13, 2025) for "Chief Justice of Pakistan or of a High Court or Judge of The Supreme Court or a High Court".
984
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 54(a)
(with effect from
November 13, 2025) for "[Articles 178 and 194]".
985
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 54(b)
(with effect from
November 13, 2025) for "Chief Justice of Pakistan (or a Judge of the
Supreme Court of Pakistan or Chief Justice or a Judge of the High
Court for the Province or Provinces of ____________)".
986
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
987
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(iv)
(with effect from
April 19, 2010) for "988[
989[Chief Justice]989 or 990[Judge]990 of Federal Shariat Court
[Article 203-C (7)]
I, ___________________, do solemnly swear that, as the 991[Chief Justice]991 (or
a 992[Judge]992) of the Federal Shariat Court, I will discharge my duties,
and perform my functions, honestly, to the best of my ability and
faithfully in accordance with law;
And that I will not allow my personal
interest to influence my official conduct or my official decisions.
988
Inserted by Constitution (Amendment) Order, 1980 (President's Order No. 1 of 1980), Art. 4
(with effect from
May 26, 1980).
989
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1)
(with effect from
March 2, 1985) for "Chairman".
990
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1)
(with effect from
March 2, 1985) for "member".
991
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1)
(with effect from
March 2, 1985) for "Chairman".
992
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1)
(with effect from
March 2, 1985) for "member".
993
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
994
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 11(a)
(with effect from
February 28, 2012).
995
Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 11(b)
(with effect from
February 28, 2012).
996
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
997
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2)
(with effect from
March 2, 1985).
Fourth Schedule
998
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 27
(with effect from
October 21, 2024).
999
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(i)
(with effect from
April 19, 2010) for ".".
1000
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(i)
(with effect from
April 19, 2010).
1001
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iii)
(with effect from
April 19, 2010) : :
21.
Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities
therein.
1002
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(ii)
(with effect from
April 19, 2010) for :
32.
National planning and national economic coordination including planning and coordination of scientific and technological research.
1003
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iii)
(with effect from
April 19, 2010) : :
33.
State lotteries.
1004
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iii)
(with effect from
April 19, 2010) : :
38.
Census.
1005
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iii)
(with effect from
April 19, 2010) : :
40.
Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province,
but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent
of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any
Province to railway areas outside that Province.
1006
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iv)
(with effect from
April 19, 2010) : :
45.
Duties in respect of succession to property.
1007
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iv)
(with effect from
April 19, 2010) : :
46.
Estate duty in respect of property.
1008
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(v)
(with effect from
April 19, 2010).
1009
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(iv)
(with effect from
April 19, 2010) : "on capital gains".
1010
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 55
(with effect from
November 13, 2025) for "Supreme Court".
1011
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 55
(with effect from
November 13, 2025) for "Supreme Court".
1012
Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 19(a)(ii)
(with effect from
September 16, 1976) for "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation".
1013
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(ii)
(with effect from
April 19, 2010).
1014
Renumbered from "4.". by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(i)
(with effect from
April 19, 2010)
1015
Renumbered from "5.". by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(i)
(with effect from
April 19, 2010)
1016
Renumbered from "6.". by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(i)
(with effect from
April 19, 2010)
1017
Renumbered from "7.". by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(i)
(with effect from
April 19, 2010)
1018
Renumbered from "8.". by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(i)
(with effect from
April 19, 2010)
1019
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(3)
(with effect from
April 19, 2010) : :
Concurrent Legislative List
1.
Criminal law, including all matters included in the Pakistan Penal Code
on the commencing day, but excluding offences against laws with respect
to any of the matters specified in the Federal Legislative List and excluding
the use of naval, military and air forces in aid of civil power.
2.
Criminal procedure, including all matters included in the Code of
Criminal Procedure, on the commencing day.
3.
Civil procedure, including the law of limitation and all matters
included in the Code of Civil Procedure on the commencing day, the recovery
in a Province or the Federal Capital of claims in respect of taxes and
other public demands, including arrears of land revenue and sums recoverable
as such, arising outside that Province.
4.
Evidence and oath; recognition of laws, public acts and records of
judicial proceedings.
5.
Marriage and divorce; infants and minors; adoption.
6.
Wills, intestacy and succession, save as regards agricultural land.
7.
Bankruptcy and insolvency, administrators- general and official trustees.
8.
Arbitration.
9.
Contracts, including partnership, agency, contracts of carriage,
and other special forms of contracts, but not including contracts relating
to agricultural land.
10.
Trusts and trustees.
11.
Transfer of property other than agriculture land, registration of
deeds and documents.
12.
Actionable wrongs, save in so far as included in laws with respect
to any of the matters specified in the Federal Legislative List.
13.
Removal of prisoners and accused persons from one Province to another
Province.
14.
Preventive detention for reasons connected with the maintenance
of public order, or the maintenance of supplies and services essential
to the community; persons subjected to such detention.
15.
Persons subjected to preventive detention under Federal authority.
16.
Measures to combat certain offences committed in connection with
matters concerning the Federal and Provincial Governments and the establishment
of a police force for that purpose.
17.
Arms, firearms and ammunition.
18.
Explosives.
19.
Opium, so far as regards cultivation and manufacture.
20.
Drugs and medicines.
21.
Poisons and dangerous drugs.
22.
Prevention of the extension from one Province to another of infectious
or contagious diseases or pests affecting men, animals or plants.
23.
Mental illness and mental retardation, including places for the
reception or treatment of the mentally ill and mentally retarded.
24.
Environmental pollution and ecology.
25.
Population planning and social welfare.
26.
Welfare of labor; conditions of labor, provident funds; employer's
liability and workmen's compensation, health insurance including invalidity
pensions, old age pensions.
27.
Trade unions; industrial and labor disputes.
28.
The setting up and carrying on of labor exchanges, employment information
bureaus and training establishments.
29.
Boilers.
30.
Regulation of labor and safety in mines, factories and oil- fields.
31.
Unemployment insurance.
32.
Shipping and navigation on inland waterways as regards mechanically
propelled vessels, and the rule of the road on such waterways; carriage
of passengers and goods on inland waterways.
33.
Mechanically propelled vehicles.
34.
Electricity.
35.
Newspapers, books and printing presses.
36.
Evacuee property.
37.
Ancient and historical monuments, archaeological sites and remains.
38.
Curriculum, syllabus, planning, policy, centres of excellence and
standards of education.
39.
Islamic education.
40.
Zakat.
41.
Production, censorship and exhibition of cinematograph films.
Fees in respect of any of the matters in this List, but not including
fees taken in any court.
45.
Inquiries and statistics for the purpose of any of the matters in
this List.
46.
Offences against laws with respect to any of the matters in this
List; jurisdiction and powers of all courts except the Supreme Court, with
respect to any of the matters in this List.
47.
Matters incidental or ancillary to any matter enumerated in this
List.
1020
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 13
(with effect from
November 21, 1975).
Fifth Schedule
1021
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(a)
(with effect from
November 13, 2025) for "The Supreme Court".
1022
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(b)
(with effect from
November 13, 2025) for "Pakistan".
1023
Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(i)
(with effect from
July 28, 1991) for "7,900".
1024
Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(i)
(with effect from
July 28, 1991) for "7,400".
1025
Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(ii)
(with effect from
July 28, 1991).
1026
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(b)
(with effect from
November 13, 2025) for "Supreme Court".
1027
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(c)
(with effect from
November 13, 2025) for "Supreme Court".
1028
The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(d)
(with effect from
November 13, 2025) : "of Pakistan".
1029
Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(b)
(with effect from
July 28, 1991).
1030
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(c)
(with effect from
November 13, 2025) for "Supreme Court".
1031
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 56(c)
(with effect from
November 13, 2025) for "Supreme Court".
1032
Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(a)(i)
(with effect from
July 28, 1991) for "7,200".
1033
Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(a)(ii)
(with effect from
July 28, 1991) for "6,500".
1034
Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(b)(ii)
(with effect from
July 28, 1991).
1035
Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(b)
(with effect from
July 28, 1991).
This digital version of the Constitution of Pakistan is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.
