THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

CONTENTS
1. $. $A. *. ,. /. 1. 2. 4. 5. 16. 16A. 11. 1$. 1*. 1,. 1/. 11. 12. 14. 15. $6. $1. $$. $*. $,. $/. $1. $2. $4. $5. *6. *1. *$. **. *,. */. *1. *2. *4. *5. ,6. ,1. ,$. ,*. ,,. ,/. ,1. ,2. ,4. ,5. The Republic and i ! e""i #"ie! I!la% # be S a e "eli&i#n The Ob'ec i(e! Re!#lu i#n # )#"% pa" #) !ub! an i(e p"#(i!i#n! Eli%ina i#n #) e+pl#i a i#n Ri&h #) indi(idual! # be deal -i h in acc#"dance -i h la-. e c. L#0al 0 # S a e and #bedience # C#n! i u i#n and laHi&h "ea!#n 3e)ini i#n #) he S a e La-! inc#n!i! en -i h #" in de"#&a i#n #) )unda%en al "i&h ! # be (#id Secu"i 0 #) pe"!#n Sa)e&ua"d! a! # a""e! and de en i#n

Ri&h # )ai" "ial

Sla(e"0. )#"ced lab#u". e c.. p"#hibi ed P"# ec i#n a&ain! "e "#!pec i(e puni!h%en P"# ec i#n a&ain! d#uble puni!h%en and !el) inc"i%ina i#n In(i#labili 0 #) di&ni 0 #) %an. e c. F"eed#% #) %#(e%en . e c. F"eed#% #) a!!e%bl0

F"eed#% #) a!!#cia i#n

F"eed#% #) "ade. bu!ine!! #" p"#)e!!i#n F"eed#% #) !peech. e c F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in! i u i#n! Sa)e&ua"d a&ain! a+a i#n )#" pu"p#!e! #) an0 pa" icula" "eli&i#n Sa)e&ua"d! a! # educa i#nal in! i u i#n! in "e!pec #) "eli&i#n. e c P"#(i!i#n a! # p"#pe" 0 P"# ec i#n #) p"#pe" 0 "i&h ! E7uali 0 #) ci i8en! N#n9di!c"i%ina i#n in "e!pec #) acce!! # public place! Sa)e&ua"d a&ain! di!c"i%ina i#n in !e"(ice! P"e!e"(a i#n #) lan&ua&e. !c"ip and cul u"e P"inciple! #) P#lic0 Re!p#n!ibili 0 -i h "e!pec # P"inciple! #) P#lic0 I!la%ic -a0 #) li)e P"#%# i#n #) l#cal :#(e"n%en in! i u i#n! Pa"#chial and # he" !i%ila" p"e'udice! # be di!c#u"a&ed Full pa" icipa i#n #) -#%en in na i#nal li)e P"# ec i#n #) )a%il0. e c. P"# ec i#n #) %in#"i ie! P"#%# i#n #) !#cial 'u! ice and e"adica i#n #) !#cial e(il! P"#%# i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple Pa" icipa i#n #) pe#ple in A"%ed F#"ce! S "en& henin& b#nd! -i h Mu!li% -#"ld and p"#%# in& in e"na i#nal peace The P"e!iden Oa h #) P"e!iden C#ndi i#n! #) P"e!iden ;! #))ice Te"% #) #))ice #) P"e!iden P"e!iden ;! p#-e" # &"an pa"d#n. e c. P"e!iden # be <ep in)#"%ed Re%#(al #" i%peach%en #) P"e!iden P"e!iden # ac #n ad(ice. e c Chai"%an #" Spea<e" # ac a!. #" pe")#"% )unc i#n! #). P"e!iden

/6. /1. /$. /*. /,. //. /1. /2. /4. /5. 16. 11. 1$. 1*.

Ma'li!9e9Sh##"a =Pa"lia%en >

Na i#nal A!!e%bl0
3u"a i#n #) Na i#nal A!!e%bl0 Spea<e" and 3epu 0 Spea<e" #) Na i#nal A!!e%bl0 Su%%#nin& and p"#"#&a i#n #) Ma'li!9e9Sh##"a =Pa"lia%en > ?# in& in A!!e%bl0 and 7u#"u% Add"e!! b0 P"e!iden Ri&h # !pea< in Ma'li!9e9Sh##"a =Pa"lia%en >

3i!!#lu i#n #) he Na i#nal A!!e%bl0 The Sena e

Chai"%an and 3epu 0 Chai"%an O he" p"#(i!i#n! "ela in& # Sena e

1*A.
1,. 1/. 11. 12. 14. 15. 26.

@uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en > 3i!7uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en > 3i!7uali)ica i#n #n &"#und! #) de)ec i#n. e c.
?aca i#n #) !ea ! Oa h #) %e%be"! P"i(ile&e! #) %e%be"!. e c. Rule! #) P"#cedu"e. e c. Re! "ic i#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en > C#u" ! n# # in7ui"e in # p"#ceedin&! #) Ma'li!9e9Sh##"a =Pa"lia%en >

21. 2$. 2*. 2,. 2/. 21. 22. 24. 25. 46. 41. 4$. 4*. 4,. 4/.
41. 42. 44. 45. 56.

In "#duc i#n and pa!!in& #) Bill! ABBBBBC

P"#cedu"e a '#in !i in&! P"#cedu"e -i h "e!pec # M#ne0 Bill Fede"al :#(e"n%en ;! c#n!en "e7ui"ed )#" )inancial %ea!u"e! P"e!iden ;! a!!en # Bill! Bill n# # lap!e #n p"#"#&a i#n. e c. Ta+ # be le(ied b0 la- #nl0 Fede"al C#n!#lida ed Fund and Public Acc#un Cu! #d0. e c.. #) Fede"al C#n!#lida ed Fund and Public Acc#un Annual Bud&e S a e%en E+pendi u"e cha"&ed up#n Fede"al C#n!#lida ed Fund P"#cedu"e "ela in& # Annual Bud&e S a e%en Au hen ica i#n #) !chedule #) au h#"i!ed e+pendi u"e Supple%en a"0 and e+ce!! &"an ! ?# e! #n acc#un P#-e" # au h#"i!e e+pendi u"e -hen A!!e%bl0 ! and! di!!#l(ed Sec"e a"ia ! #) Ma'li!9e9Sh##"a =Pa"lia%en > Finance C#%%i ee! P#-e" #) P"e!iden # p"#%ul&a e O"dinance!

51. 5$. 5*. 5,. 5/. 51. 52. 54. 55. 166. 161. 16$. 16*.

The Fede"al :#(e"n%en The Cabine

Fede"al Mini! e"! and Mini! e"! #) S a e Ad(i!e"! P"i%e Mini! e" c#n inuin& in #))ice ?# e #) n#9c#n)idence a&ain! P"i%e Mini! e"

ABBBBBC
E+ en #) e+ecu i(e au h#"i 0 #) Fede"a i#n C#n)e""in& #) )unc i#n! #n !ub#"dina e au h#"i ie! C#nduc #) bu!ine!! #) Fede"al :#(e"n%en A #"ne09:ene"al )#" Pa<i! an App#in %en #) :#(e"n#" Oa h #) #))ice C#ndi i#n! #) :#(e"n#";! #))ice

16,. 16/. 161. 162. 164. 165. 116.

111. 11$. 11*. 11,. 11/. 111. 112. 114. 115. 1$6. 1$1. 1$$. 1$*. 1$,. 1$/. 1$1. 1$2. 1$4. 1$5. 1*6.

Spea<e" P"#(incial A!!e%bl0 # ac a!. #" pe")#"% )unc i#n! #) :#(e"n#" in hi! ab!ence
:#(e"n#" # ac #n ad(ice. e c

C#n! i u i#n #) P"#(incial A!!e%blie!

3u"a i#n #) P"#(incial A!!e%bl0 Spea<e" and 3epu 0 Spea<e" Su%%#nin& and p"#"#&a in# #) P"#(incial A!!e%bl0 Ri&h #) :#(e"n#" # add"e!! P"#(incial A!!e%bl0 Ri&h # !pea< in P"#(incial A!!e%bl0

3i!!#lu i#n #) P"#(incial A!!e%bl0

@uali)ica i#n! and di!7uali)ica i#n! )#" %e%be"!hip #) P"#(incial A!!e%bl0 Re! "ic i#n #n di!cu!!i#n in P"#(incial A!!e%bl0 P"#(incial :#(e"n%en ;! c#n!en "e7ui"ed )#" )inancial %ea!u"e! :#(e"n#";! a!!en # Bill! Bill n# # lap!e #n p"#"#&a i#n. e c P"#(incial C#n!#lida ed Fund and Public Acc#un Cu! #d0. e c.. #) P"#(incial C#n!#lida ed Fund and Public Acc#un Annual Bud&e S a e%en E+pendi u"e cha"&ed up#n P"#(incial C#n!#lida ed Fund P"#cedu"e "ela in& # Annual Bud&e S a e%en Au hen ica i#n #) !chedule #) au h#"i8ed e+pendi u"e Supple%en a"0 and e+ce!! &"an ?# e! #n acc#un P#-e" # au h#"i8e e+pendi u"e -hen A!!e%bl0 ! and! di!!#l(ed P"#(i!i#n! "ela in& # Na i#nal A!!e%bl0. e c.. # appl0 # P"#(incial A!!e%bl0. e c. P#-e" #) :#(e"n#" # p"#%ul&a e O"dinance!

1*1. 1*$. 1**. 1*,. 1*/. 1*1. 1*2. 1*4. 1*5. 1,6.
1,6A.

The P"#(incial :#(e"n%en The Cabine :#(e"n#" # be <ep in)#"%ed

P"#(incial Mini! e" Chie) Mini! e" c#n inuin& in #))ice

ABBBBBC ABBBBBC
?# e #) n#9c#n)idence a&ain! Chie) Mini! e" E+ en #) e+ecu i(e au h#"i 0 #) P"#(ince C#n)e""in& #) )unc i#n! #n !ub#"dina e au h#"i ie! C#nduc #) bu!ine!! #) P"#(incial :#(e"n%en Ad(#ca e9:ene"al )#" a P"#(ince

L#cal :#(e"n%en
E+ en #) Fede"al and P"#(incial la-! Sub'ec 9%a e" #) Fede"al and P"#(incial la-!

1,1. 1,$. 1,*. 1,,. 1,/. 1,1. 1,2. 1,4. 1,5. 1/6.
1/1. 1/$. 1/*.

Inc#n!i! enc0 be -een Fede"al and P"#(incial laP#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en > # le&i!la e )#" A#neC #" %#"e P"#(ince! b0 c#n!en P#-e" #) P"e!iden # di"ec :#(e"n#" # di!cha"&e ce" ain )unc i#n! a! hi! A&en P#-e" #) Fede"a i#n # c#n)e" p#-e"!. e c.. #n P"#(ince!. in ce" ain ca!e! P#-e" #) he P"#(ince! # en "u! )unc i#n! # he Fede"a i#n Obli&a i#n #) P"#(ince! and Fede"a i#n 3i"ec i#n! # P"#(ince! in ce" ain ca!e! Full )ai h and c"edi )#" public ac !. e c In e"9P"#(incial "ade Ac7ui!i i#n #) land )#" Fede"al pu"p#!e! C#uncil #) C#%%#n In e"e! !

1/,. 1//. 1/1. 1/2. 1/4. 1/5. 116. 111. 11$. 11*. 11,. 11/. 11/A. 111. 112. 114. 115. 126. 121. 12$. 12*. 12,. 12/. 12/A. 121. 122. 124. 125. 146. 141. 14$. 14*. 14,. 14/. 141. 141A. 142. 144. 145. 156. 151. 15$. 15*. 15,. 15/. 151. 152. 154. 155. $66. $61. $6$. $6*. $6*A. $6*B. $6*C. $6*CC

Func i#n! and "ule! #) p"#cedu"e C#%plain ! a! # in e")e"ence -i h -a e" !upplie!

Na i#nal Ec#n#%ic C#uncil

Elec "ici 0 P"i#"i 0 #) "e7ui"e%en ! #) na u"al &a! B"#adca! in& and eleca! in& Na i#nal Finance C#%%i!!i#n Na u"al &a! and h0d"#9elec "ic p#-e" P"i#" !anc i#n #) P"e!iden # Bill! a))ec in& a+a i#n in -hich P"#(ince! a"e in e"e! ed P"#(incial a+e! in "e!pec #) p"#)e!!i#n!. e c :"an ! #u #) C#n!#lida ed Fund E+e%p i#n #) ce" ain public p"#pe" 0 )"#% a+a i#n P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en > # i%p#!e a+ #n he inc#%e #) ce" ain c#"p#"a i#n!. e c B#""#-in& b0 Fede"al :#(e"n%en B#""#-in& b0 P"#(incial :#(e"n%en Audi #"9:ene"al #) Pa<i! an Func i#n! and p#-e"! #) Audi #"9:ene"al P#-e" #) Audi #"9:ene"al # &i(e di"ec i#n! a! # acc#un ! Rep#" ! #) Audi #"9:ene"al O-ne"le!! p"#pe" 0 P#-e" # ac7ui"e p"#pe" 0 and # %a<e c#n "ac !. e c Sui ! and p"#ceedin&! E! abli!h%en and Du"i!dic i#n #) C#u" !

App#in %en #) Dud&e! # he Sup"e%e C#u" . Hi&h C#u" ! and he Fede"al Sha"ia C#u"
C#n! i u i#n #) Sup"e%e C#u" App#in %en #) Sup"e%e C#u" Dud&e! Oa h #) O))ice Re i"in& A&e Ac in& Chie) Du! ice Ac in& Dud&e! App#in %en #) ad h#c Dud&e! Sea #) he Sup"e%e C#u" O"i&inal Du"i!dic i#n #) Sup"e%e C#u" Appella e Du"i!dic i#n #) Sup"e%e C#u" Ad(i!#"0 Du"i!dic i#n P#-e" #) Sup"e%e C#u" # T"an!)e" Ca!e! I!!ue and E+ecu i#n #) P"#ce!!e! #) Sup"e%e C#u" Re(ie- #) Dud&%en ! #" O"de"! b0 he Sup"e%e C#u" 3eci!i#n! #) Sup"e%e C#u" bindin& #n # he" C#u" ! Ac i#n in aid #) Sup"e%e C#u" Rule! #) P"#cedu"e C#n! i u i#n #) Hi&h C#u" App#in %en #) Hi&h C#u" Dud&e! Oa h #) O))ice Re i"in& A&e Ac in& Chie) Du! ice Addi i#nal Dud&e! Sea #) he Hi&h C#u" Du"i!dic i#n #) Hi&h C#u" T"an!)e" #) Hi&h C#u" Dud&e! 3eci!i#n #) Hi&h C#u" bindin& #n Sub#"dina e C#u" ! Rule! #) P"#cedu"e Hi&h C#u" # !upe"in end Sub#"dina e C#u" ! P"#(i!i#n! #) Chap e" # #(e""ide # he" P"#(i!i#n! #) C#n! i u i#n 3e)ini i#n! The Fede"al Sha"ia C#u" ABBBBC

$6*3. $6*33 $6*E. $6*F. $6*:. $6*:: $6*H. $6*I. $6*D. $6,. $6/. $61. $62. $64. $65. $16. $11. $1$. $1$AEB. $1*. $1,. $1/. $11. $12. $14. $15. $$6. $$1. $$$. $$*. $$,. $$/. $$1. $$2. $$4. $$5. $*6. $*1. $*$. $**. $*,. $*/. $*1. $*2. $*4. $*5. $,6. $,1. $,$. $,*. $,,. $,/. $,1. $,2. $,4. $,5. $/6.

P#-e"!. Du"i!dic i#n and Func i#n! #) he C#u" Re(i!i#n and # he" Du"i!dic i#n #) he C#u" P#-e"! and P"#cedu"e #) he C#u" Appeal # Sup"e%e C#u" Ba" #) Du"i!dic i#n 3eci!i#n #) C#u" bindin& #n Hi&h C#u" and C#u" ! !ub#"dina e # i Pendin& p"#ceedin&! # c#n inue. e c ABBBBC P#-e" # %a<e Rule! C#n e%p #) C#u" Re%une"a i#n. e c.. #) Dud&e! Re!i&na i#n Dud&e n# # h#ld O))ice #) P"#)i . e c O))ice"! and Se"(an ! #) C#u" ! Sup"e%e Dudicial C#uncil P#-e" #) C#uncil # en)#"ce a endance #) pe"!#n!. e c Ba" #) Du"i!dic i#n Ad%ini! "a i(e C#u" ! and T"ibunal! ABBBBBC Chie) Elec i#n C#%%i!!i#ne" C#%%i!!i#ne";! #a h #) #))ice Te"% #) #))ice #) C#%%i!!i#ne" C#%%i!!i#ne" n# # h#ld #))ice #) p"#)i Ac in& C#%%i!!i#ne" Elec i#n C#%%i!!i#n 3u ie! #) C#%%i!!i#n E+ecu i(e au h#"i ie! # a!!i! C#%%i!!i#n. e c O))ice"! and !e"(an ! Elec #"al la-! Ba" a&ain! d#uble %e%be"!hip Ti%e #) elec i#n and b09elec i#n Elec i#n di!pu e

Elec i#n b0 !ec"e ball#

P"#(i!i#n! "ela in& # he H#l0 @u";an and Sunnah C#%p#!i i#n. e c. #) I!la%ic C#uncil Re)e"ence b0 Ma'li!9e9Sh##"a =Pa"lia%en >. e c. # I!la%ic C#uncil Func i#n! #) I!la%ic C#uncil Rule! #) p"#cedu"e P"#cla%a i#n #) e%e"&enc0 #n acc#un #) -a". in e"nal di! u"bance. e c P#-e" # !u!pend Funda%en al Ri&h !. e c.. du"in& e%e"&enc0 pe"i#d P#-e" # i!!ue P"#cla%a i#n in ca!e #) )ailu"e #) c#n! i u i#nal %achine"0 in a P"#(ince P"#cla%a i#n in ca!e #) )inancial e%e"&enc0 Re(#ca i#n #) P"#cla%a i#n. e c Ma'li!9e9Sh##"a =Pa"lia%en > %a0 %a<e la-! #) inde%ni 0. e c A%end%en #) C#n! i u i#n C#n! i u i#n. A%end%en Bill App#in %en ! # !e"(ice #) Pa<i! an and c#ndi i#n! #) !e"(ice E+i! in& "ule!. e c.. # c#n inue Public Se"(ice C#%%i!!i#n

C#%%and #) A"%ed F#"ce!

Oa h #) A"%ed F#"ce! Func i#n! #) A"%ed F#"ce! T"ibal A"ea! Ad%ini! "a i#n #) T"ibal A"ea! P"# ec i#n # P"e!iden . :#(e"n#". Mini! e". e c Le&al p"#ceedin&! Sala"ie!. all#-ance!. e c.. #) he P"e!iden . e c

$/1. $/$. $/*. $/,. $//. $/1. $/2. $/4. $/5. $16. $11. $1$. $1*. $1,. $1/. $11. $12. $12A.

Na i#nal lan&ua&e Special p"#(i!i#n! in "ela i#n # %a'#" p#" ! and ae"#d"#%e! Ma+i%u% li%i ! a! # p"#pe" 0. e c Failu"e # c#%pl0 -i h "e7ui"e%en a! # i%e d#e! n# "ende" an ac in(alid Oa h #) #))ice P"i(a e a"%ie! )#"bidden P"#(i!i#n "ela in& # he S a e #) Da%%u and Ka!h%i" :#(e"n%en #) e""i #"ie! #u !ide P"#(ince! A-a"d! 3e)ini i#n! Pe"!#n ac in& in #))ice n# # be "e&a"ded a! !ucce!!#" # p"e(i#u! #ccupan #" #))ice. e c :"e&#"ian calenda" # be u!ed :ende" and nu%be" E))ec #) "epeal #) la-! Ti le #) C#n! i u i#n and c#%%ence%en Repeal P#-e" #) P"e!iden # "e%#(e di))icul ie!

$12B.
$14. $15. $26. $26A. $26AA. 270B. $26BB. $26C. $21. $2$. $2*. $2,. $2/. $21. $22. $24. $25. $46.

P#-e" # "e%#(e di))icul ie! Re%#(al #) d#ub

C#n inuance in )#"ce. and adap a i#n #) ce" ain la-! ?alida i#n #) la-!. ac !. e c Te%p#"a"0 (alida i#n #) ce" ain la-!. e c A))i"%a i#n #) P"e!iden ;! O"de"!. e c

3ecla"a i#n and c#n inuance #) la-! e c

Elec i#n! # be dee%ed # be held unde" C#n! i u i#n

$26AAA. Validation and affirmation of laws etc :ene"al Elec i#n! $664
Oa h #) #))ice #) Dud&e!. e c Fi"! Na i#nal A!!e%bl0 Fi"! c#n! i u i#n #) Sena e Fi"! P"#(incial A!!e%bl0 ?e! in& #) p"#pe" 0. a!!e !. "i&h !. liabili ie! and #bli&a i#n! C#n inuance in #))ice #) pe"!#n! in !e"(ice #) Pa<i! an. e c Oa h #) )i"! P"e!iden T"an!i i#nal. )inancial p"#(i!i#n! Acc#un ! n# audi ed be)#"e c#%%encin& da0 C#n inuance #) a+e! C#n inuance #) P"#cla%a i#n #) E%e"&enc0 FIRST SCHE3ULE SECON3 SCHE3ULE THIR3 SCHE3ULE FOURTH SCHE3ULE FIFTH SCHE3ULE SIFTH SCHE3ULE

TEFT

(In the name of Allah, the most Beneficent, the most Merciful.) THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN [12th April, 1973] P"ea%ble.9 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 tate shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, e!uality, tolerance and social "ustice, as enunciated by #slam, shall be fully observed; Wherein the $uslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and re!uirements of #slam as set out in the Holy %uran and unnah; Wherein ade!uate 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 &ederation 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 e!uality of status, of opportunity and before law, social, economic and political "ustice, and freedom of thought, expression, belief, faith, worship and association, sub"ect to law and public morality; Wherein ade!uate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the "udiciary shall be fully secured; Wherein the integrity of the territories of the &ederation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; o 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; 'ow, therefore, we, the people of Pakistan; (onscious of our responsibility before Almighty Allah and men; (ogni)ant of the sacrifices made by the people in the cause of Pakistan; &aithful to the declaration made by the &ounder of Pakistan, %uaid*i*A)am $ohammad Ali +innah, that Pakistan would be a democratic tate based on #slamic principles of social "ustice; ,edicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

#nspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; ,o hereby, through our representatives in the 'ational Assembly, adopt, enact and give to ourselves, this (onstitution********* PART I In "#duc #"0 1. The Republic and i ! e""i #"ie!. ./0 Pakistan shall be &ederal 1epublic to be known as the #slamic 1epublic of Pakistan, hereinafter referred to as Pakistan.20 .a0 .b0 .c0 .d0 3he territories of Pakistan shall comprise 4* the Provinces of /5alochistan, the 26hyber Pakhtunkhwa, the Pun"ab and 7 indh; the #slamabad (apital 3erritory, hereinafter referred to as the &ederal (apital; the &ederally Administered 3ribal Areas; and such tates and territories as are or may be included in Pakistan, whether by accession or otherwise-

.70 $a"lis*e* hoora .Parliament0 may by law admit into the &ederation new tates or areas on such terms and conditions as it thinks fit$. I!la% # be S a e "eli&i#n- #slam shall be the tate religion of Pakistan$A. The Ob'ec i(e! Re!#lu i#n # )#"% pa" #) !ub! an i(e p"#(i!i#n! - 3he principles and provisions set out in the ob"ectives 1esolution reproduced in the Annex are hereby made substantive part of the (onstitution and shall have effect accordingly*. Eli%ina i#n #) e+pl#i a i#n- 3he tate 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,. Ri&h #) indi(idual! # be deal -i h in acc#"dance -i h la-. e c - ./0 3o en"oy the protection of law and to be treated in accordance with law is the inalienable right of every citi)en, wherever he may be, and of every other person for the time being within Pakistan.20 .a0 .b0 .c0 #n particular* no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; no person shall be prevented from or be hindered in doing that which is not prohibited by law; and no person shall be compelled to do that which the law does not re!uire him to do-

/. L#0al 0 # S a e and #bedience # C#n! i u i#n and la- - ./0 8oyalty to the tate is the basic duty of every citi)en.20 9bedience to the (onstitution and law is the inviolable obligation of every citi)en wherever he may be and of every other person for the time being within Pakistan-

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Words :5aluchistan; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :'orth West &rontier; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3 Words : indh; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

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or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the (onstitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treasonAny person aiding or abetting ?@or collaboratingA the acts mentioned in clause ./0 shall likewise be guilty of high treason-

Hi&h "ea!#n- ./0 >Any person who abrogates or subverts or suspends

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.2A0 An act of high treason mentioned in clause ./0 or clause .20 shall not be validated by any court including the upreme (ourt and a High (ourt.70 @$a"lis*e* hoora .Parliament0A shall punishment of persons found guilty of high treasonby law provide for the

PART II Funda%en al Ri&h ! and P"inciple! #) P#lic0 2. 3e)ini i#n #) he S a e- #n this Part, unless the context otherwise re!uires, Cthe tateC means the &ederal Dovernment, $a"lis*e* hoora .Parliament0, a Provincial Dovernment, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cessChap e" 1. G Funda%en al Ri&h ! 4. La-! inc#n!i! en -i h #" in de"#&a i#n #) )unda%en al "i&h ! # be (#id- ./0 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 (hapter, shall, to the extent of such inconsistency, be void.20 3he tate 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.70 .a0 3he provisions of this Article shall not apply to* any law relating to members of the Armed &orces, 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 any of the* .i0 laws specified in the &irst chedule as in force immediately before the commencing day or as amended by any of the laws specified in that chedule; other laws specified in Part # of the &irst chedule; 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 (hapter.>0 'otwithstanding anything contained in paragraph .b0 of clause .70, within a period of two years from the commencing day, the appropriate 8egislature shall bring the laws specified in Part ## of the &irst chedule into conformity with the rights conferred by this (hapter4 Provided that the appropriate 8egislature may by resolution extend the said period of two years by a period not exceeding six monthsE+plana i#nH9 #f in respect of any law $a"lis*e* hoora .Parliament0 is the appropriate 8egislature, such resolution shall be a resolution of the 'ational Assembly4

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Words :Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the (onstitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason-; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=5 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=6 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.?0 3he rights conferred by this (hapter shall not be suspended except as expressly provided by the (onstitution5. Secu"i 0 #) pe"!#n- 'o person shall be deprived of life or liberty saves in accordance with law16. Sa)e&ua"d! a! # a""e! and de en i#n - ./0 'o 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.20 <very 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 "ourney 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.70 'othing in clauses ./0 and .20 shall apply to any person who is arrested or detained under any law providing for preventive detention.>0 'o law providing for preventive detention shall be made except to deal with persons acting in a manner pre"udicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding three months unless the appropriate 1eview 5oard has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of three months, unless the appropriate 1eview 5oard 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 detentionE+plana i#n I- #n this Article, Cthe appropriate 1eview 5oardC means, .i0 in the case of a person detained under a &ederal law, a 5oard appointed by the (hief +ustice of Pakistan and consisting of a (hairman and two other persons, each of whom is or has been a +udge of the upreme (ourt or a High (ourt; and in the case of a Person detained under a Provincial law, a 5oard appointed by the (hief +ustice of the High (ourt concerned and consisting of a (hairman and two other persons, each of whom is or has been a +udge of a High (ourt-

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E+plana i#n II- 3he opinion of a 1eview 5oard shall be expressed in terms of the views of the ma"ority of its members.?0 When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, within fifteen days from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order4 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.B0 3he authority making the order shall furnish to the appropriate 1eview 5oard all documents relevant to the case unless a certificate, signed by a ecretary to the Dovernment concerned, to the effect that it is not in the public interest to furnish any documents, is produced.E0 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 pre"udicial to public order and twelve months in any other case4

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy or who is acting or attempting to act in a manner pre"udicial 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 &ederal law or is a member of any association which has for its ob"ects, or which indulges in, any such anti* national activity.F0 3he appropriate 1eview 5oard shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.G0 'othing in this Article shall apply to any person who for the time being is an enemy alien-

A16A- Ri&h # )ai" "ial- &or 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-A
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11. Sla(e"0. )#"ced lab#u". e c.. p"#hibi ed - ./0 lavery is non*existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.20 All forms of forced labour and traffic in human beings are prohibited.70 'o child below the age of fourteen years shall be engaged in any factory or mine or any other ha)ardous employment.>0 .a0 .b0 'othing in this Article shall be deemed to affect compulsory service by any person undergoing punishment for an offence against any law; or re!uired by any law for public purpose4

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity1$. P"# ec i#n a&ain! "e "#!pec i(e puni!h%en - ./0 'o law shall authori)e the punishment of a person* .a0 .b0 for an act or omission that was not punishable by law at the time of the act or omission; or 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-

.20 'othing in clause ./0 or in Article 2E= shall apply to any law making acts of abrogation or subversion of a (onstitution in force in Pakistan at any time since the twenty*third day of $arch, one thousand nine hundred and fifty*six, an offence1*. P"# ec i#n a&ain! d#uble puni!h%en and !el) inc"i%ina i#n - 'o person* .a0 .b0 shall be prosecuted or punished for the same offence more than once; or shall, when accused of an offence, be compelled to be a witness against himself-

1,. In(i#labili 0 #) di&ni 0 #) %an. e c- ./0 3he dignity of man and, sub"ect to law, the privacy of home, shall be inviolable.20 evidence'o person shall be sub"ected to torture for the purpose of extracting

1/. F"eed#% #) %#(e%en . e c- <very citi)en shall have the right to remain in, and, sub"ect to any reasonable restriction imposed by law in the public interest,
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#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

enter and move freely throughout Pakistan and to reside and settle in any part thereof11. F"eed#% #) a!!e%bl0- <very citi)en shall have the right to assemble peacefully and without arms, sub"ect to any reasonable restrictions imposed by law in the interest of public order@12. F"eed#% #) a!!#cia i#n- ./0 <very citi)en shall have the right to form associations or unions, sub"ect to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or moralityF

.20 <very citi)en, not being in the service of Pakistan, shall have the right to form or be a member of a political party, sub"ect 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 &ederal Dovernment declares that any political party has been formed or is operating in a manner pre"udicial to the sovereignty or integrity of Pakistan, the &ederal Dovernment shall, within fifteen days of such declaration, refer the matter to the upreme (ourt whose decision on such reference shall be final.70 <very political party shall account for the source of its funds in accordance with law-A
14. F"eed#% #) "ade. bu!ine!! #" p"#)e!!i#n - ub"ect to such !ualifications, if any, as may be prescribed by law, every citi)en shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business4 Provided that nothing in this Article shall prevent* .a0 .b0 .c0 the regulation of any trade or profession by a licensing system; or the regulation of trade, commerce or industry in the interest of free competition therein; or the carrying on, by the &ederal Dovernment or a Provincial Dovernment, or by a corporation controlled by any such Dovernment, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons-

15. F"eed#% #) !peech. e c- <very citi)en shall have the right to freedom of speech and expression, and there shall be freedom of the press, sub"ect to any reasonable restrictions imposed by law in the interest of the glory of #slam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign tates, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence-

A15A. Ri&h # in)#"%a i#n- <very citi)en shall have the right to have access to information in all matters of public importance sub"ect to regulation and reasonable restrictions imposed by law-A
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3he following complete Article 'o-/E substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0<very citi)en shall have the right to form associations or unions, sub"ect to any reasonable restrictions imposed by law in the interest of @sovereignty or integrity of Pakistan, public order or moralityA- @.20<very citi)en, not being in the service of Pakistan, shall have the right to form or be a member of a political party, sub"ect to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan @or public orderA and such law shall provide that where the &ederal Dovernment declare that any political party has been formed or is operating in a manner pre"udicial to the sovereignty or integrity of Pakistan @or public orderA, the &ederal Dovernment shall, within fifteen days of such declaration, refer the matter to the upreme (ourt whose decision on such reference shall be final@Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section-A.70<very political party shall account for the source of its funds in accordance with law-A@.>0<very political party shall, sub"ect to law, hold intra*party elections to elect its office*bearers and party leaders-A 9 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

$6. F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in! i u i#n! - ub"ect to law, public order and morality,* .a0 .b0 every citi)en shall have the right to profess, practise and propagate his religion; and every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions-

$1. Sa)e&ua"d a&ain! a+a i#n )#" pu"p#!e! #) an0 pa" icula" "eli&i#n - 'o 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$$. Sa)e&ua"d! a! # educa i#nal in! i u i#n! in "e!pec #) "eli&i#n. e c - ./0 'o person attending any educational institution shall be re!uired 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.20 #n respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.70 .a0 ub"ect to law, 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 no citi)en 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-

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.>0 'othing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citi)ens$*. P"#(i!i#n a! # p"#pe" 0- <very citi)en shall have the right to ac!uire, hold and dispose of property in any part of Pakistan, sub"ect to the (onstitution and any reasonable restrictions imposed by law in the public interest$,. P"# ec i#n #) p"#pe" 0 "i&h !- ./0 'o person shall be compulsorily deprived of his property save in accordance with law.20 'o property shall be compulsorily ac!uired 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.70 .a0 'othing in this Article shall affect the validity of* any law permitting the compulsory ac!uisition or taking possession of any property for preventing danger to life, property or public health; or any law permitting the taking over of any property which has been ac!uired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or any law relating to the ac!uisition, 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 law0; or any law providing for the taking over of the management of any property by the tate for a limited period, either in the public interest

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or in order to secure the proper management of the property, or for the benefit of its owner; or .e0 any law providing for the ac!uisition of any class of property for the purpose of* .i0 .ii0 providing education and medical aid to all or any specified class of citi)ens; or providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citi)ens; or providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or

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any existing law or any law made in pursuance of Article 2?7-

.>0 3he ade!uacy 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 !uestion in any court$/. E7uali 0 #) ci i8en!- ./0 All citi)ens are e!ual before law and are entitled to e!ual protection of law.20 3here shall be no discrimination on the basis of sex /=@HHHA.70 'othing in this Article shall prevent the tate from making any special provision for the protection of women and children-

A$/A. Ri&h # educa i#n- 3he tate 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-A
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$1. N#n9di!c"i%ina i#n in "e!pec #) acce!! # public place! - ./0 #n respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citi)en on the ground only of race, religion, caste, sex, residence or place of birth.20 'othing in clause ./0 shall prevent the tate from making any special provision for women and children$2. Sa)e&ua"d a&ain! di!c"i%ina i#n in !e"(ice! - ./0 'o citi)en otherwise !ualified 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 birth4 Provided that, for a period not exceeding forty years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their ade!uate representation in the service of Pakistan4 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 ade!uately performed by members of the other sex4

@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 $a"lis*e* hoora .Parliament0-A
.20 'othing in clause ./0 shall prevent any Provincial Dovernment, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Dovernment or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Dovernment or authority10 11

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Words :alone; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=12 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

$4. P"e!e"(a i#n #) lan&ua&e. !c"ip and cul u"e - ub"ect to Article 2?/ any section of citi)ens having a distinct language, script or culture shall have the right to preserve and promote the same and sub"ect to law, establish institutions for that purposeCHAPTER $.9PARINCIPLES OF POLICI $5. P"inciple! #) P#lic0- ./0 3he Principles set out in this (hapter shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the tate, and of each person performing functions on behalf of an organ or authority of the tate, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority.20 #n 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 sub"ect to the availability of resources.70 #n respect of each year, the President in relation to the affairs of the &ederation, and the Dovernor of each Province in relation to the affairs of his Province, shall cause to be prepared and laid before the /7@each House of $a"lis*e* hoora .Parliament0A 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 'ational Assembly />@and the enateA or, as the case may be, the Provincial Assembly, for discussion on such report*6. Re!p#n!ibili 0 -i h "e!pec # P"inciple! #) P#lic0 - ./0 3he responsibility of deciding whether any action of an organ or authority of the tate, or of a person performing functions on behalf of an organ or authority of the tate, is in accordance with the Principles of Policy is that of the organ or authority of the tate, or of the person, concerned.20 3he validity of an action or of a law shall not be called in !uestion on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the tate or any organ or authority of the tate or any person on such ground*1I!la%ic -a0 #) li)e- ./0 teps shall be taken to enable the $uslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of #slam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy %uran and unnah.20 .a0 3he state shall endeavour, as respects the $uslims of Pakistan,* to make the teaching of the Holy %uran and #slamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy %uran; to promote unity and the observance of the #slamic moral standards; and to secure the proper organisation of )akat, ushr, au!af and mos!ues-

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*$. P"#%# i#n #) l#cal :#(e"n%en in! i u i#n! - 3he tate shall encourage local Dovernment institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women**. Pa"#chial and # he" !i%ila" p"e'udice! # be di!c#u"a&ed - 3he tate shall discourage parochial, racial, tribal sectarian and provincial pre"udices among the citi)ens*,. Full pa" icipa i#n #) -#%en in na i#nal li)e - teps shall be taken to ensure full participation of women in all spheres of national life13 14

Words :'ational Assembly; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

*/. P"# ec i#n #) )a%il0. e c- 3he tate shall protect the marriage, the family, the mother and the child*1. P"# ec i#n #) %in#"i ie!- 3he tate shall safeguard the legitimate rights and interests of minorities, including their due representation in the &ederal and Provincial services*2. P"#%# i#n #) !#cial 'u! ice and e"adica i#n #) !#cial e(il! - 3he shall* .a0 .b0 .c0 .d0 .e0 tate

promote, with special care, the educational and economic interests of backward classes or areas; remove illiteracy and provide free and compulsory secondary education within minimum possible period; make technical and professional education generally available and higher education e!ually accessible to all on the basis of merit; ensure inexpensive and expeditious "ustice; make provision for securing "ust 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; 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; prevent prostitution, gambling and taking of in"urious drugs, printing, publication, circulation and display of obscene literature and advertisements; prevent the consumption of alcoholic li!uor otherwise than for medicinal and, in the case of non*$uslims, religious purposes; and decentralise the Dovernment administration so as to facilitate expeditious disposal of its business to meet the convenience and re!uirements of the public-

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*4. P"#%# i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple - 3he tate shall* .a0 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 e!uitable ad"ustment of rights between employers and employees, and landlords and tenants; provide for all citi)ens, within the available resources of the country, facilities for work and ade!uate livelihood with reasonable rest and leisure; provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means; provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citi)ens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment; reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan; /?@HHHA

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eliminate riba as early as possible; and

@.g0 ensure that the shares of the Provinces in all &ederal services, including autonomous bodies and corporations established by, or under the control of, the &ederal Dovernment, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified-A

*5. Pa" icipa i#n #) pe#ple in A"%ed F#"ce! - 3he tate shall enable people from all parts of Pakistan to participate in the Armed &orces of Pakistan,6. S "en& henin& b#nd! -i h Mu!li% -#"ld and p"#%# in& in e"na i#nal peace- 3he tate shall endeavour to preserve and strengthen fraternal relations among $uslim countries based on #slamic unity, support the common interests of the peoples of Asia, Africa and 8atin 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 Fede"a i#n #) Pa<i! an Chap e" 1.9The P"e!iden ,1. The P"e!iden - ./0 3here shall be a President of Pakistan who shall be the Head of tate and shall represent the unity of the 1epublic.20 A person shall not be !ualified for election as President unless he is a $uslim of not less than forty*five years of age and is !ualified to be elected as member of the 'ational Assembly.70 3he President /E@HHHA shall be elected in accordance with the provisions of the econd chedule by the members of an electoral college consisting of4 .a0 .b0 the members of both Houses; and the members of the Provincial Assemblies-

.>0 <lection 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 office4 Provided that, if the election cannot be held within the period aforesaid because the 'ational Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.?0 An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy4 Provided that, if the election cannot be held within the period aforesaid because the 'ational Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.B0 3he validity of the election of the President shall not be called in !uestion by or before any court or other authority/F

@HHHA

16 17

Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :to be elected after the term specified in clause .E0; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=
18

3he following Article >/.E0,.F0 I .G0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.E0 .a0 3he (hief <xecutive of the #slamic 1epublic of Pakistan* shall relin!uish the office of (hief <xecutive on such day as he may determine in accordance with the "udgement of the upreme (ourt of Pakistan of the /2th $ay, 2===; and

,$. Oa h #) P"e!iden - 5efore entering upon office, the President shall make before the (hief +ustice of Pakistan oath in the form set out in the 3hird chedule,*. C#ndi i#n! #) P"e!iden ;! #))ice- ./0 3he 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.20 3he President shall not be a candidate for election as a member of $a"lis*e* hoora .Parliament0 or a Provincial Assembly; and, if a member of $a"lis* e* hoora .Parliament0 or a Provincial Assembly is elected as President, his seat in $a"lis*e* hoora .Parliament0 or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office,,. Te"% #) #))ice #) P"e!iden - ./0 ub"ect to the (onstitution, the President shall hold office for a term of five years from the day he enters upon his office4 Provided that the President shall, notwithstanding the expiration of his terms, continue to hold office until his successor enters upon his office.20 ub"ect to the (onstitution, 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.70 3he President may, by writing under his hand addressed to the peaker of the 'ational Assembly, resign his office,/. P"e!iden ;! p#-e" # &"an pa"d#n. e c- 3he 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@,1. P"e!iden # be <ep in)#"%ed- 3he Prime $inister shall keep the President informed on all matters of internal and foreign policy and on all
/G

having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relin!uishing the office of the (hief <xecutive, notwithstanding anything contained in this Article or Article >7 or any other provision of the (onstitution 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 (onstitution, and Article >> and other provisions of the (onstitution shall apply accordingly@Provided that paragraph .d0 of clause ./0 of Article B7 shall become operative on and from the 7/st day of ,ecember, 2==>.F0 Without pre"udice to the provisions of clause .E0, any member or members of a House of $a"lis*e* hoora .Parliament0 or of a Provincial Assembly, individually or "ointly, may, not later than thirty days from the commencement of the (onstitution . eventeenth Amendment0 Act, 2==7, move a resolution for vote of confidence for further affirmation of the President in office by ma"ority of the members present and voting, by division or any other method as prescribed in the rules made by the &ederal Dovernment under clause .G0, of the electoral college consisting of members of both Houses of $a"lis*e* hoora .Parliament0 and the Provincial Assemblies, in a special session of each House of $a"lis*e* hoora .Parliament0 and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the (onstitution or "udgment of any court, shall be deemed to be elected to hold office for a term of five years under the (onstitution, and the same shall not be called in !uestion in any court or forum on any ground whatsoever.G0 'otwithstanding anything contained in the (onstitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause .F0 shall be regulated and conducted by the (hief <lection (ommissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the &ederal Dovernment4* Provided that clauses .F0 and .G0 shall be valid only for the forthcoming vote of confidence for the current term of the President in office-A
19

.b0

3he following Article >B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=,1. P"e!iden # be <ep In)#"%ed.9 #t shall be the duty of the Prime $inister4 .a0 to communicate to the President all decisions of the (abinet relating to the administration of the affairs of the &ederation and proposals for legislation; .b0 to furnish such information relating to the administration of the affairs of the &ederation and proposals for legislation as the President may call for; and .c0 if the President so re!uires, to submit for the consideration of the (abinet any matter on which a decision has been taken by the Prime $inister or a $inister but which has not been considered by the (abinet-

legislative proposals the &ederal Dovernment intends to bring before $a"lis*e* hoora .Parliament0-A ,2. Re%#(al #" i%peach%en #) P"e!iden - ./0 'otwithstanding anything contained in the (onstitution, 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 (onstitution or gross misconduct.20 'ot less than one*half of the total membership of either House may give to the peaker of the 'ational Assembly or, as the case may be, the (hairman 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.70 #f a notice under clause .20 is received by the (hairman, he shall transmit it forthwith to the peaker.>0 3he peaker shall, within three days of the receipt of a notice under clause .20 or clause .70, cause a copy of the notice to be transmitted to the President.?0 3he peaker shall summon the two Houses to meet in a "oint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.B0 3he "oint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.E0 3he President shall have the right to appear and be represented during the investigation, if any, and before the "oint sitting.F0 #f, after consideration of the result of the investigation, if any, a resolution is passed at the "oint sitting by the votes of not less than two*thirds of the total membership of $a"lis*e* hoora .Parliament0 declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the (onstitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution,4. P"e!iden # ac #n ad(ice. e c- ./0 #n the exercise of his functions, the President shall act 2=@on andA in accordance with the advice of the (abinet or the Prime $inisterProvided that 2/@within fifteen daysA the President may re!uire the (abinet or, as the case may be, the Prime $inister to reconsider such advice, either generally or otherwise, and the President shall 22@, within ten days,A act in accordance with the advice tendered after such reconsideration.20 'otwithstanding anything contained in clause ./0, the President shall act in his discretion in respect of any matter in respect of which he is empowered by the (onstitution to do so and the validity of anything done by the President in his discretion shall not be called in !uestion on any ground whatsoever.>0 3he !uestion whether any, and if so what, advice was tendered to the President by the (abinet, the Prime $inister, a $inister or $inister of tate shall not be in!uired into in, or by, any court, tribunal or other authority@.?0 Where the President dissolves the notwithstanding anything contained in clause ./0, he shall,*
20 21

27

'ational

Assembly,

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=22 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=23 3he following words substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=:.?0 Where the President dissolves the 'ational Assembly, he shall, in his discretion4 .a0 appoint a date, not later than @ninetyA days from the date of the dissolution, for the holding of a general election to the Assembly; and .b0 appoint a care*taker (abinet-;

.a0 .b0
2>

appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly; and appoint a care*taker (abinet-A

@.B0- #f at any time the Prime $inister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a "oint sitting of the $a"lis*e* hoora .Parliament0 and if it is approved in a "oint sitting, the Prime $inister may cause such matter to be referred to a referendum in the form of a !uestion that is capable of being answered by either :Jes; or :'o;-A .E0 An act of $a"lis*e* hoora .Parliament0 may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum-A ,5. Chai"%an #" Spea<e" # ac a!. #" pe")#"% )unc i#n! #). P"e!iden - ./0 #f the office of President becomes vacant by reason of death, resignation or removal of the President, the (hairman or, if he is unable to perform the functions of the office of President, the peaker of the 'ational Assembly shall act as President until a President is elected in accordance with clause .70 of Article >/.20 When the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the (hairman or, if he too is absent or unable to perform the functions of the office of President, the peaker of the 'ational Assembly shall perform the functions of President until the President returns to Pakistan or, as the case may be, resumes his functionsChap e" $.9 The Ma'li!9e9Sh##"a =Pa"lia%en > C#%p#!i i#n. 3u"a i#n and Mee in&! #) Ma'li!9e9Sh##"a =Pa"lia%en > /6. Ma'li!9e9Sh##"a =Pa"lia%en >- 3here shall be a $a"lis*e* hoora .Parliament0 of Pakistan consisting of the President and two Houses to be known respectively as the 'ational Assembly and the enate-

24

3he following clause .B0 of Article >F was substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=:.B0 #f, at any time, the President, in his discretion, or on the advice of the Prime $inister, 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 !uestion that is capable of being answered either by CJesC or C'oC-

2?

seats for members in the 'ational Assembly, including seats reserved for women and non*$uslims.20 .a0 .b0 .c0 .d0
25

@/1- Na i#nal A!!e%bl0- ./0 3here shall be three hundred and forty*two

A person shall be entitled to vote if* he is a citi)en of Pakistan; he is not less than eighteen years of age; his name appears on the electoral roll; and he is not declared by a competent court to be of unsound mind-

3he following Article 'o-?/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=/1. Na i#nal A!!e%bl0 @./03here shall be three hundred and forty*two seats of the members in the 'ational Assembly, including seats reserved for women and non*$uslims-./A03he seats in the 'ational Assembly referred to in clause ./0, except as provided in clause .2A0, are allocated to each Province, the &ederally Administered 3ribal Areas and the &ederal (apital as under* :ene"al J#%en T# al 5alochistan /> 7 /E 'W&P 7? F >7 3he Pun"ab />F 7? /F7 ind B/ /> E? &A3A /2 * /2 &ederal (apital 2 * 2 3otal 2E2 B= 772 A .20 .a0

A person shall be entitled to vote if4 he is a citi)en of Pakistan;

.70 3he seats in the 'ational Assembly referred to in clause ./0, except as provided in clause .>0, shall be allocated to each Province, the &ederally Administered 3ribal Areas and the &ederal (apital as under4K
:ene"al Sea ! 5alochistan 6hyber Pakhtunkhwa Pun"ab indh &ederally Administered 3ribal Areas &ederal (apital T# al /> 7? />F B/ /2 2 $2$ J#%en 7 F 7? /> * * 16 T# al /E >7 /F7 E? /2 2 **$

.>0 #n addition to the number of seats referred to in clause .70, there shall be, in the 'ational Assembly, ten seats reserved for non*$uslims.?0 3he seats in the 'ational Assembly shall be allocated to each Province, the &ederally Administered 3ribal Areas and the &ederal (apital on the basis of population in accordance with the last preceding census officially published.B0 .a0 &or the purpose of election to the 'ational Assembly,* 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; each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause .70;

.b0

.b0 he is not less than @eighteenA years of age; .c0 his name appears on the electoral roll; and .d0 he is not declared by a competent court to be of unsound mind@.2A0 #n addition to the number of seats referred to in clause ./A0, there shall be, in the 'ational Assembly, ten seats reserved for non*$uslims-A .70 3he seats in the 'ational Assembly shall be allocated to each Province, the &ederally Administered 3ribal Areas and the &ederal (apital on the basis of population in accordance with the last preceding census officially published@.>0 &or the purpose of election to the 'ational Assembly,* .a0 the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law; .b0 each Province shall be a single constituency for all; .c0 the constituency for all seats reserved for non*$uslims shall be the whole country; .d0 members to the seats reserved for women which are allocated to a Province under clause ./A0 shall be elected in accordance with law through proportional representation system of political partiesL lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the 'ational Assembly4 @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 "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates-A .e0 members to the seats reserved for non*$uslims 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 'ational Assembly4 @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 "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates-A

.c0 .d0

the constituency for all seats reserved for non*$uslims shall be the whole country; members to the seats reserved for women which are allocated to a Province under clause .70 shall be elected in accordance with law through proportional representation system of political partiesM lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the 'ational Assembly4 Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates; and

.e0

members to the seats reserved for non*$uslims shall be elected in accordance with law through proportional representation system of political partiesM lists of candidates on the basis of total number of general seats won by each political party in the 'ational Assembly4 Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates-A

/$. 3u"a i#n #) Na i#nal A!!e%bl0- 3he 'ational 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/*. Spea<e" and 3epu 0 Spea<e" #) Na i#nal A!!e%bl0 - ./0 After a general election, the 'ational Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a peaker and a ,eputy peaker and, so often as the office of peaker or ,eputy peaker becomes vacant, the Assembly shall elect another member as peaker or, as the case may be, ,eputy peaker.20 5efore entering upon office, a member elected as peaker or ,eputy peaker shall make before the 'ational Assembly oath in the form set out in the 3hird chedule.70 When the office of peaker is vacant, or the peaker is absent or is unable to perform his functions due to any cause, the ,eputy peaker shall act as peaker, and if, at that time, the ,eputy peaker is also absent or is unable to act as peaker 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.>0 3he peaker or the ,eputy peaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered.?0 3he peaker may, by writing under his hand addressed to the President, resign his office.B0 3he ,eputy peaker may, by writing under his hand addressed to the peaker, resign his office.E0 .a0 .b0 3he office of peaker or ,eputy peaker shall become vacant if* he resigns his office; he ceases to be a member of the Assembly; or

.c0

he is removed from office by a resolution of the Assembly, of which not less than seven daysM notice has been given and which is passed by the votes of the ma"ority of the total membership of the Assembly-

.F0 When the 'ational Assembly is dissolved the peaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office/,. Su%%#nin& and p"#"#&a i#n #) Ma'li!9e9Sh##"a =Pa"lia%en > - ./0 3he President may, from time to time, summon either House or both Houses or $a"lis* e* hoora .Parliament0 in "oint sitting to meet at such time and place as he thinks fit and may also prorogue the same.20 3here shall be at least three sessions of the 'ational 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 session4 Provided that the 'ational Assembly shall meet for not less than one hundred and thirty working days in each yearE+plana i#n.9 #n this clause, Cworking daysC includes any day on which there is a "oint sitting and any period, not exceeding two days, for which the 'ational Assembly is ad"ourned.70 9n a re!uisition signed by not less than one*fourth of the total membership of the 'ational Assembly, the peaker shall summon the 'ational Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the re!uisition; and when the peaker has summoned the Assembly only he may prorogue it//. ?# in& in A!!e%bl0 and 7u#"u% - ./0 ub"ect to the (onstitution, all decisions of the 'ational Assembly shall be taken by ma"ority of the members present and voting, but the person presiding shall not vote except in the case of e!uality of votes.20 #f at any time during a sitting of the 'ational 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 ad"ourn the Assembly or suspend the meeting until at least one*fourth of such membership is present/1. Add"e!! b0 P"e!iden - ./0 3he President may address either House or both Houses assembled together and may for that purpose re!uire the attendance of the members.20 3he President may send messages to either House, whether with respect to a 5ill then pending in the $a"lis*e* hoora .Parliament0 or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter re!uired by the message to be taken into consideration.70 At the commencement of the first session after each general election to the 'ational Assembly and at the commencement of the first session of each year the President shall address both Houses assembled together and inform the $a"lis*e* hoora .Parliament0 of the causes of its summons.>0 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/2. Ri&h # !pea< in Ma'li!9e9Sh##"a =Pa"lia%en > - 3he Prime $inister, a &ederal $inister, a $inister of tate and the Attorney Deneral shall have the right to speak and otherwise take part in the proceedings of either House, or a "oint 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-

@/4- 3i!!#lu i#n #) he Na i#nal A!!e%bl0- ./0 3he President shall dissolve the 'ational Assembly if so advised by the Prime $inister; and the 'ational Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty*eight hours after the Prime $inister has so advised2B

E+plana i#n.9 1eference in this Article to :Prime $inister; shall not be construed to include reference to a Prime $inister against whom a notice of a resolution for a vote of no*confidence has been given in the 'ational 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 'ational Assembly.20 'otwithstanding anything contained in clause .20 of Article >F, the President may also dissolve the 'ational Assembly in his discretion where, a vote of no*confidence having been passed against the Prime $inister, no other member of the 'ational Assembly commands the confidence of the ma"ority of the members of the 'ational Assembly in accordance with the provisions of the (onstitution, as ascertained in a session of the 'ational Assembly summoned for the purpose-A

26

3he following Article 'o-?F substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=/4. 3i!!#lu i#n #) he Na i#nal A!!e%bl0. @./0A 3he President shall dissolve the 'ational Assembly if so advised by the Prime $inister; and the 'ational Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty*eight hours after the Prime $inister has so advisedE+plana i#n4* 1eference in this Article to CPrime $inisterC shall not be construed to include reference to a Prime $inister against whom a @notice of a resolution for a vote of no*confidence has been givenA in the 'ational 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 'ational Assembly.20 'otwithstanding anything contained in clause .20 of Article >F, the President may also dissolve the 'ational Assembly in his discretion where, in his opinion4 .a0 a vote of no*confidence having been passed against the Prime $inister, no other member of the 'ational Assembly is likely to command the confidence of the ma"ority of the members of the 'ational Assembly in accordance with the provisions of the (onstitution as ascertained in a session of the 'ational Assembly summoned for the purpose; or .b0 a situation has arisen in which the Dovernment of the &ederation cannot be carried on in accordance with the provisions of the (onstitution and an appeal to the electorate is necessary@.70 3he President in case of dissolution of the 'ational Assembly under paragraph .b0 of clause .20 shall, within fifteen days of the dissolution, refer the matter to the upreme (ourt and the upreme (ourt shall decide the reference within thirty days whose decision shall be final-A

A/5. The Sena e- ./0 3he members, of whom,*

$2

enate shall consist of one hundred and four

.a0 .b0

fourteen shall be elected by the members of each Provincial Assembly; eight shall be elected from the &ederally Administered 3ribal Areas, in such manner as the President may, by 9rder, prescribe; two on general seats, and one woman and one technocrat including aalim shall be elected from the &ederal (apital in such manner as the President may, by 9rder, prescribe; four women shall be elected by the members of each Provincial Assembly; four technocrats including ulema shall be elected by the members of each Provincial Assembly; and four non*$uslims, one from each Province, shall be elected by the members of each Provincial Assembly4 Provided that paragraph .f0 shall be effective from the next enate election after the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=-

.c0

.d0 .e0 .f0

.20 <lection to fill seats in the enate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote-

27

3he following Article 'o-?G substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=/5. The Sena e-*./0 3he enate shall consist of one*hundred members, of whom,* .a0 fourteen shall be elected by the members of each Provincial Assembly; .b0 eight shall be elected from the &ederally Administered 3ribal Areas, in such manner as the President may, by 9rder, prescribe; .c0 two on general seats, and one woman and one technocrat including aalim shall be elected from the &ederal (apital in such manner as the President may, by 9rder, prescribe; .d0 four women shall be elected by the members of each Provincial Assembly; .e0 four technocrats including ulema shall be elected by the members of each Provincial Assembly-A .20 <lection to fill seats in the enate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.70 3he enate shall not be sub"ect to dissolution but the term of its members, who shall retire as follows, shall be six years4* .a0 of the members referred to in paragraph .a0 of clause ./0, seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years.b0 of the members referred to in paragraph .b0 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; .c0 of the members referred to in paragraph .c0 of the aforesaid clause,* .i0 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 .ii0 one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years; .d0 of the members referred to in paragraph .d0 of the aforesaid clause, two shall retire after the expiration of the three years and two shall retire after the expiration of the next three years; and .e0 of the members referred to in paragraph .e0 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 years4 Provided that the term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled-

.70 3he enate shall not be sub"ect to dissolution but the term of its members, who shall retire as follows, shall be six years4 .a0 of the members referred to in paragraph .a0 of clause ./0, 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 .b0 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; of the members referred to in paragraph .c0 of the aforesaid clause,* .i0 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 one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years;

.b0

.c0

.ii0

.d0

of the members referred to in paragraph .d0 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; of the members referred to in paragraph .e0 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 of the members referred to in paragraph .f0 of the aforesaid clause, two shall retire after the expiration of first three years and two shall retire after the expiration of next three years4 Provided that the <lection (ommission for the first term of seats for non*$uslims shall draw a lot as to which two members shall retire after the first three years-

.e0

.f0

.>0 3he term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled-A
16. Chai"%an and 3epu 0 Chai"%an- ./0 After the enate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a (hairman and a ,eputy (hairman and, so often as the office of (hairman or ,eputy (hairman becomes vacant, the enate shall elect another member as (hairman or, as the case may be, ,eputy (hairman.20 3he term of office of the (hairman or ,eputy (hairman shall be three years from the day on which he enters upon his office11. O he" p"#(i!i#n! "ela in& # Sena e- 3he provisions of clauses .20 to .E0 of Article ?7, clauses .20 and .70 of Article ?> and Article ?? shall apply to the enate as they apply to the 'ational Assembly and, in their application to the enate, shall have effect as if references therein to the 'ational Assembly, peaker and ,eputy peaker were references, respectively, to the enate, (hairman and ,eputy (hairman and as if, in the proviso to the said clause .20 of Article ?>, for the words one hundred and thirty the word 2F@one hundred and tenA were substituted-

28

Words :ninety; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

@1$. @uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en >- ./0 A person shall not be !ualified to be elected or chosen as a member of $a"lis* e* hoora .Parliament0 unlessN
2G

.a0 .b0

he is a citi)en of Pakistan; he is, in the case of the 'ational Assembly, not less than twenty* five years of age and is enrolled as a voter in any electoral roll in* .i0 .ii0 any part of Pakistan, for election to a general seat or a seat reserved for non*$uslims; and any area in a Province from which she seeks membership for election to a seat reserved for women-

.c0

he is, in the case of the enate, 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 &ederal (apital or the &ederally Administered 3ribal Areas, from where he seeks membership; he is of good character and is not commonly known as one who violates #slamic #n"unctions; he has ade!uate knowledge of #slamic teachings and practices obligatory duties prescribed by #slam as well as abstains from ma"or sins; he is sagacious, righteous, non*profligate, honest and ameen, there being no declaration to the contrary by a court of law; and he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan4

.d0 .e0

.f0 .g0

.20 3he dis!ualifications specified in paragraphs .d0 and .e0 shall not apply to a person who is a non*$uslim, but such a person shall have good moral reputation;A

29

3he following Article 'o-B2 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=1$. @uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en >H A person shall not be !ualified to be elected or chosen as a member of $a"lis*e* hoora .Parliament0 unless 4* .a0 he is a citi)en of Pakistan; @.b0 he is, in the case of the 'ational Assembly, not less than twenty *five years of age and is enrolled as a voter in any electoral roll in* .i0 any part of Pakistan, for election to a general seat or a seat reserved for non*$uslims; and .ii0 any area in a Province from which he seeks membership for election to a seat reserved for women-A .c0 he is, in the case of enate, 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 &ederal (apital or the &ederally Administered 3ribal Areas, from where he seeks membership; .d0 he is of good character and is not commonly known as one who violates #slamic #n"unctions; .e0 he has ade!uate knowledge of #slamic teachings and practises obligatory duties prescribed by #slam as well as abstains from ma"or sins ; .f0 he is sagacious, righteous and non*profligate and honest and ameen; .g0 he has not been convicted for a crime involving moral turpitude or for giving false evidence; .h0 he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the #deology of Pakistan; Provided that the dis!ualifications specified in paragraphs .d0 and .e0 shall not apply to a person who is a non*$uslim, but such a person shall have good moral reputation; and .i0 he possesses such other !ualifications as may be prescribed by Act of $a"lis*e* hoora .Parliament0-A

@1*. 3i!7uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en >- ./0 A person shall be dis!ualified from being elected or chosen as, and from being, a member of the $a"lis*e* hoora .Parliament0, ifN
7=

.a0 .b0 .c0

he is of unsound mind and has been so declared by a competent court; or he is an undischarged insolvent; or he ceases to be a citi)en of Pakistan, or ac!uires the citi)enship of a foreign tate; or

30

3he following Article 'o-B7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=1*. 3i!7uali)ica i#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en >.9./0 A person shall be dis!ualified from being elected or chosen as, and from being, a member of the $a"lis*e* hoora .Parliament0, if4* .a0 he is of unsound mind and has been so declared by a competent court; or .b0 he is an undischarged insolvent; or .c0 he ceases to be a citi)en of Pakistan, or ac!uires the citi)enship of a foreign tate; or .d0 he holds an office of profit in the service of Pakistan other than an office declared by law not to dis!ualify its holder; or .e0 he is in the service of any statutory body of any body which is owned or controlled by the Dovernment or in which the Dovernment has a controlling share or interest; or .f0 being a citi)en of Pakistan by virtue of section />5 of the Pakistan (iti)enship Act, /G?/ .## of /G?/0, he is for the time being dis!ualified under any law in force in A)ad +ammu and 6ashmir from being elected as a member of the 8egislative Assembly of A)ad +ammu and 6ashmir; or .g0 he is propagating any opinion, or acting in any manner, pre"udicial to the #deology 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 "udiciary of Pakistan, or which defames or brings into ridicule the "udiciary or the Armed &orces of Pakistan; or @.h0 he has been convicted by a court of competent "urisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or .i0 he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the &ederal Dovernment, Provincial Dovernment or a 8ocal Dovernment on the grounds of misconduct or moral turpitude; or ."0 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 &ederal Dovernment, Provincial Dovernment or a 8ocal Dovernment on the grounds of misconduct or moral turpitude; orA .k0 he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Dovernment or in which the Dovernment has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or .l0 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 .m0 he has been convicted under section E of the Political Parties Act, /GB2 .### of /GB20, unless a period of five years has elapsed from the date of such conviction; or .n0 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 Dovernment, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Dovernment4 Provided that the dis!ualification under this paragraph shall not apply to a person* .i0 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; .ii0 where the contract has been entered into by or on behalf of a public company as defined in the (ompanies 9rdinance, /GF> .O8P## of /GF>0, of which he is a share* holder but is not a director holding an office of profit under the company; or .iii0 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 E+plana i#n-* #n this Article CgoodsC does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Dovernment or any law for the time being in force, under a duty or obligation to supply.o0 he holds any office of profit in the service of Pakistan other than the following offices, namely 4* .i0 an office which is not whole time office remunerated either by salary or by fee;

.d0 .e0

he holds an office of profit in the service of Pakistan other than an office declared by law not to dis!ualify its holder; or he is in the service of any statutory body or any body which is owned or controlled by the Dovernment or in which the Dovernment has a controlling share or interest; or being a citi)en of Pakistan by virtue of section />5 of the Pakistan (iti)enship Act, /G?/ .## of /G?/0, he is for the time being dis!ualified under any law in force in A)ad +ammu and 6ashmir from being elected as a member of the 8egislative Assembly of A)ad +ammu and 6ashmir; or he has been convicted by a court of competent "urisdiction for propagating any opinion, or acting in any manner, pre"udicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity or independence of the "udiciary of Pakistan, or which defames or brings into ridicule the "udiciary or the Armed &orces of Pakistan, unless a period of five years has elapsed since his release; or he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the &ederal Dovernment, Provincial Dovernment or a 8ocal Dovernment on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or 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 &ederal Dovernment, Provincial Dovernment or a 8ocal Dovernment on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Dovernment or in
.ii0 .iii0 .iv0

.f0

.g0

.h0

.i0

."0

.k0

the office of 8umbardar, whether called by this or any other title; the %aumi 1a)akars; 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 &orce; or @.p0 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 .!0 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 .r0 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 @; orA @.s0 he is for the time being dis!ualified from being elected or chosen as a member of the $a"lis*e* hoora .Parliament0or of a Provincial Assembly under any law for the time being in force-A @.20 #f any !uestion arises whether a member of $a"lis*e* hoora .Parliament0 has become dis!ualified from being a member, the peaker or, as the case may be, the (hairman shall, within thirty days from raising of such !uestion refer the !uestion to the (hief <lection (ommissioner-A @.70 Where a !uestion is referred to the (hief <lection (ommissioner under clause .20, he shall lay such !uestion before the <lection (ommission which shall give its decision thereon not later than three months from its receipt by he (hief <lection (ommissioner-A

which the Dovernment has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or .l0 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 Dovernment, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Dovernment4 Provided that the dis!ualification under this paragraph shall not apply to a personN .i0 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; .ii0 where the contract has been entered into by or on behalf of a public company as defined in the (ompanies 9rdinance, /GF> .O8P## of /GF>0, of which he is a shareholder but is not a director holding an office of profit under the company; or .iii0 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; E+plana i#n.K #n 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 Dovernment or any law for the time being in force, under a duty or obligation to supply; or .m0 he holds any office of profit in the service of Pakistan other than the following offices, namely4* .i0 .ii0 .iii0 .iv0 an office which is not whole time office remunerated either by salary or by fee; the office of 8umbardar, whether called by this or any other title; the %aumi 1a)akars; 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 &orce; or

.n0

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 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

.o0

.p0

he is for the time being dis!ualified from being elected or chosen as a member of the $a"lis*e* hoora .Parliament0 or of a Provincial Assembly under any law for the time being inforceExplanation.9 &or the purposes of this paragraph :law; shall not include an 9rdinance promulgated under Article FG or Article /2F-

.20 #f any !uestion arises whether a member of the $a"lis*e* hoora .Parliament0 has become dis!ualified from being a member, the peaker or, as the case may be, the (hairman shall, unless he decides that no such !uestion has arisen, refer the !uestion to the <lection (ommission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the <lection (ommission.70 3he <lection (ommission shall decide the !uestion within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become dis!ualified, he shall cease to be a member and his seat shall become vacant-A A1*A. 3i!7uali)ica i#n #n &"#und! #) de)ec i#n. e c- ./0 #f a member of a Parliamentary Party composed of a single political party in a House*
*1

.a0 .b0

resigns from membership of his political party or "oins another Parliamentary Party; or votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to* .i0 .ii0 election of the Prime $inister or the (hief $inister; or a vote of confidence or a vote of no*confidence; or

31

3he following Article 'o-B7A substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=1*A 3i!7uali)ica i#n #n &"#und! #) de)ec i#n. e c.9 ./0 #f a member of a Parliamentary Party composed of a single political party in a House* .a0 resigns from membership of his political party or "oins another Parliamentary Party; or .b0 votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to* .i0 election of the Prime $inister or the (hief $inister; or .ii0 a vote of confidence or a vote of no*confidence; or .iii0 a $oney 5ill; 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 9fficer, and shall similarly forward a copy thereof to the member concerned4 P"#(ided 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.20 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.70 Upon receipt of the declaration under clause ./0, the Presiding 9fficer of the House shall within two days refer the declaration to the (hief <lection (ommissioner who shall lay the declaration before the <lection (ommission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the (hief <lection (ommissioner.>0 Where the <lection (ommission confirms the declaration, the member referred to in clause ./0 shall cease to be a member of the House and his seat shall become vacant.?0 Any party aggrieved by the decision of the <lection (ommission may within thirty days, prefer an appeal to the upreme (ourt which shall decide the matter within three months from the date of the filing of the appeal.B0 'othing contained in this Article shall apply to the (hairman or peaker of a House .E0 &or the purpose of this Article* .a0 CHouseC means the 'ational Assembly or the enate in relation to the &ederation and a Provincial Assembly in relation to the Province, as the case may be.b0 CPresiding 9fficerC means the peaker of the 'ational Assembly, the (hairman of the enate or the peaker of the Provincial Assembly, as the case may be-

.iii0

a $oney 5ill or a (onstitution .Amendment0 5ill;

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 9fficer and the (hief <lection (ommissioner and shall similarly forward a copy thereof to the member concerned4 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 himExplanation.- :Party Head; means any person, by whatever name called, declared as such by the Party.20 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.70 Upon receipt of the declaration under clause ./0, the Presiding 9fficer of the House shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the (hief <lection (ommissioner who shall lay the declaration before the <lection (ommission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the (hief <lection (ommissioner.>0 Where the <lection (ommission confirms the declaration, the member referred to in clause ./0 shall cease to be a member of the House and his seat shall become vacant.?0 Any party aggrieved by the decision of the <lection (ommission may, within thirty days, prefer an appeal to the upreme (ourt which shall decide the matter within ninety days from the date of the filing of the appeal.B0 'othing contained in this Article shall apply to the (hairman or peaker of a House.E0 .a0 &or the purpose of this Article,* CHouseC means the 'ational Assembly or the enate, in relation to the &ederation; and a Provincial Assembly in relation to the Province, as the case may be; CPresiding 9fficerC means the peaker of the 'ational Assembly, the (hairman of the enate or the peaker of the Provincial Assembly, as the case may be-

.b0

.F0 Article B7A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=4 Provided that till Article B7A substituted as aforesaid comes into effect the provisions of existing Article B7A shall remain operative-;A
1,. ?aca i#n #) !ea !- ./0 A $ember of $a"lis*e* hoora .Parliament0 may, by writing under his hand addressed to the peaker or, as the case may be, the (hairman resign his seat, and thereupon his seat shall become vacant.20 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-

1/. Oa h #) %e%be"!- 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 3hird chedule11. P"i(ile&e! #) %e%be"!. e c- ./0 ub"ect to the (onstitution and to the rules of procedure of $a"lis*e* hoora .Parliament0, there shall be freedom of speech in $a"lis*e* hoora .Parliament0 and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in $a"lis*e* hoora .Parliament0, and no person shall be so liable in respect of the publication by or under the authority of $a"lis*e* hoora .Parliament0 of any report, paper, votes or proceedings.20 #n other respects, the powers, immunities and privileges of $a"lis*e* hoora, .Parliament0, and the immunities and privileges of the members of $a"lis* e* hoora .Parliament0, 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, en"oyed by the 'ational Assembly of Pakistan and the committees thereof and its members.70 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 re!uired by the chairman of the committee so to do4 Provided that any such law* .a0 .b0 may empower a court to punish a person who refuses to give evidence or produce documents; and shall have effect sub"ect to such 9rder for safeguarding confidential matters from disclosure as may be made by the President-

.>0 3he provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of, $a"lis*e* hoora .Parliament0 as they apply to members.?0 #n this Article, $a"lis*e* hoora .Parliament0 means either House or a "oint sitting, or a committee thereofroce!ure "enerall# 12. Rule! #) P"#cedu"e. e c- ./0 ub"ect to the (onstitution, a House may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings.20 Until rules are made under clause ./0, the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the President14. Re! "ic i#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en > - 'o discussion shall take place in $a"lis*e* hoora .Parliament0 with respect to the conduct of any +udge of the upreme (ourt or of a High (ourt in the discharge of his duties15. C#u" ! n# # in7ui"e in # p"#ceedin&! #) Ma'li!9e9Sh##"a =Pa"lia%en >- ./0 3he validity of any proceedings in $a"lis*e* hoora .Parliament0 shall not be called in !uestion on the ground of any irregularity of procedure.20 'o officer or member of $a"lis*e* hoora .Parliament0 in whom powers are vested by or under the (onstitution for regulating procedure or the conduct of business, or for maintaining order in $a"lis*e* hoora .Parliament0, shall be sub"ect to the "urisdiction of any court in respect of the exercise by him of those powers.70 #n this Article, $a"lis*e* hoora .Parliament0 has the same meaning as in Article BB$e%islati&e roce!ure

A26. In "#duc i#n and pa!!in& #) Bill!- ./0 A 5ill with respect to any matter in the &ederal 8egislative 8ist 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 5ill is passed without amendment by the other House also, it shall be presented to the President for assent*$

.20 #f a 5ill transmitted to a House under clause ./0 is passed with amendments it shall be sent back to the House in which it originated and if that House passes the 5ill with those amendments it shall be presented to the President for assent.70 #f a 5ill transmitted to a House under clause ./0 is re"ected or is not passed within ninety days of its laying in the House or a 5ill sent to a House under clause .20 with amendments is not passed by that House with such amendments, the 5ill, at the re!uest of the House in which it originated, shall be considered in a "oint sitting and if passed by the votes of the ma"ority of the members present and voting in the "oint sitting it shall be presented to the President for assent.>0 #n this Article and the succeeding provisions of the (onstitution, :&ederal 8egislative 8ist; means the &ederal 8egislative 8ist in the &ourth chedule-A
21.
**

@HHHA

2$. P"#cedu"e a '#in !i in&!- ./0 3he President, after consultation with the peaker of the 'ational Assembly and the (hairman, may make rules as to the procedure with respect to the "oint sittings of, and communications between, the two Houses.20 At a "oint sitting, the peaker of the 'ational Assembly or, in his absence, such person as may be determined by the rules made under clause ./0, shall preside.70 3he rules made under clause ./0 shall be laid before a "oint sitting and may be added to, varied, amended or replaced at a "oint sitting32

3he following Article 'o-E= substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@26. In "#duc i#n and pa!!in& #) Bill!H ./0 A 5ill with respect to any matter in the &ederal 8egislative 8ist or in the (oncurrent 8egislative 8ist 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 5ill is passed without amendment, by the other House also, it shall he presented to the President for assent.20 if a 5ill transmitted to a House under clause ./0 is re"ected or is not passed within ninety days of its receipt or is passed with amendment, the 5ill, at the re!uest of the House in which it originated, shall be @referred to a $ediation (ommittee constituted under Article E/ for consideration and resolution thereonA.70 Where a 5ill is referred to the $ediation (ommittee under clause .20, the $ediation (ommittee shall, within ninety days, formulate an agreed 5ill which is likely to be passed by both Houses of the $a"lis* e* hoora .Parliament0 and place the agreed 5ill separately before each House and if both the Houses pass the 5ill, it shall be presented to the President for assent- President for assent-A .>0 #n this Article and the succeeding provisions of the (onstitution, C&ederal 8egislative 8istC and C(oncurrent 8egislative 8istC mean respectively the &ederal 8egislative 8ist and the (oncurrent 8egislative 8ist in the &ourth chedule33 3he following Article E/ omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=21. Media i#n C#%%i eeH ./0 5oth Houses of $a"lis*e* hoora .Parliament0 shall, within fifteen days from the date of referral of the 5ill by the House in which it was originated for consideration and resolution by the $ediation (ommittee under clause .20 of Article E= nominate eight members each as members of a $ediation (ommittee.20 3he House in which the 5ill was originated shall nominate a member of the $ediation (ommittee as (hairman of the (ommittee and the other House shall nominate a member as the Pice* (hairman thereof.70 All decisions of the $ediation (ommittee shall be made by a ma"ority of the total number of members of each House in the (ommittee.>0 3he President may, in consultation with the peaker of the 'ational Assembly and (hairman of the enate, make rules for conduct of business of the $ediation (ommittee-A

.>0 ub"ect to the (onstitution, all decisions at a "oint sitting shall be taken by the votes of the ma"ority of the members present and voting2*. P"#cedu"e -i h "e!pec

contained in Article E=, a $oney 5ill shall originate in the 'ational Assembly4

# M#ne0 Bill - *,@./0 'otwithstanding anything

Provided that simultaneously when a $oney 5ill, including the &inance 5ill containing the Annual 5udget tatement, is presented in the 'ational Assembly, a copy thereof shall be transmitted to the enate which may, within fourteen days, make recommendations thereon to the 'ational Assembly-; andA @./A0 3he 'ational Assembly shall consider the recommendations of the enate and after the 5ill has been passed by the Assembly with or without incorporating the recommendations of the enate, it shall be presented to the President for assent-A
.20 &or the purpose of this (hapter, a 5ill or amendment shall be deemed to be a $oney 5ill if it contains provisions dealing with all or any of the following matters, namely4* .a0 .b0 the imposition, abolition, remission, alteration or regulation of any tax; the borrowing of money, or the giving of any guarantee, by the &ederal government, or the amendment of the law relating to the financial obligations of that Dovernment; the custody of the &ederal (onsolidated &und, the payment of moneys into, or the issue of moneys from, that &und; the imposition of a charge upon the &ederal (onsolidated &und, or the abolition or alteration of any such charge; the receipt of moneys on account of the Public Account of the &ederation, the custody or issue of such moneys; the audit of the accounts of the &ederal Dovernment or a Provincial Dovernment; and any matter incidental to any of the matters specified in the preceding paragraphsA 5ill shall not be deemed to be a $oney 5ill by reason only that it 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 for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes7?

.c0 .d0 .e0 .f0 .g0 .70 provides* .a0

.b0

.>0 #f any !uestion arises whether a 5ill is a $oney 5ill or not, the decision of the peaker of the 'ational Assembly thereon shall be final.?0 <very $oney 5ill presented to the President for assent shall bear a certificate under the hand of the peaker of the 'ational Assembly that it is a $oney 5ill, and such certificate shall be conclusive for all purposes and shall not be called in !uestion34

3he following Article E7./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@./0 'otwithstanding anything contained in Article E=, a $oney 5ill shall originate in the 'ational AssemblyP"#(ided that simultaneously when a $oney 5ill, including the &inance 5ill containing the Annual 5udget tatement, is presented in the 'ational Assembly, a copy thereof shall be transmitted to the enate which may, within seven days, make recommendations thereon to the 'ational Assembly35

- Inserted by the Constitution (Eighteenth Amendment) A t 10 o! 2010"

2,. Fede"al :#(e"n%en ;! c#n!en "e7ui"ed )#" )inancial %ea!u"e! - A $oney 5ill or a 5ill or amendment which if enacted and brought into operation would involve expenditure from the &ederal (onsolidated &und or withdrawal from the Public Account of the &ederation or affect the coinage or currency of Pakistan or the constitution or functions of the tate 5ank of Pakistan shall not be introduced or moved in $a"lis*e* hoora .Parliament0 except by or with the consent of the &ederal Dovernment2/. P"e!iden ;! a!!en # Bill!- ./0 When a 5ill is presented to the President for assent, the President shall, within 7B@tenA days,* .a0 .b0 assent to the 5ill; or in the case of a 5ill other than a $oney 5ill, return the 5ill to the $a"lis*e* hoora .Parliament0 with a message re!uesting that the 5ill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered-

@.20 When the President has returned a 5ill to the $a"lis*e* hoora .Parliament0, it shall be reconsidered by the $a"lis*e* hoora .Parliament0 in "oint sitting and, if it is again passed, with or without amendment, by the $a"lis*e* hoora .Parliament0, by the votes of the ma"ority of the members of both Houses present and voting, it shall be deemed for the purposes of the (onstitution 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- ; andA
.70 When the President has assented 7F@or is deemed to have assentedA to a 5ill, it shall become law and be called an Act of $a"lis*e* hoora .Parliament0.>0 'o act of $a"lis*e* hoora .Parliament0, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent re!uired by the (onstitution was not given if that Act was assented to in accordance with the (onstitution21. Bill n# # lap!e #n p"#"#&a i#n. e c- ./0 A 5ill pending in either House shall not lapse by reason of the prorogation of the House.20 A 5ill pending in the enate which has not been passed by the 'ational Assembly shall not lapse on the dissolution of the 'ational Assembly.70 A 5ill pending in the 'ational Assembly, or a 5ill which having been passed by the 'ational Assembly is pending in the enate, shall lapse on the dissolution of the 'ational Assembly22. Ta+ # be le(ied b0 la- #nl0 - 'o tax shall be levied for the purposes of the &ederation except by or under the authority of Act of $a"lis*e* hoora .Parliament024. Fede"al C#n!#lida ed Fund and Public Acc#un - ./0 All revenues received by the &ederal Dovernment, all loans raised by that Dovernment and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the &ederal (onsolidated &und.20 .a0 All other moneys* received by or on behalf of the &ederal Dovernment; or

7E

36 37

Word :thirty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article E?.20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.20 When the President has returned a 5ill to the $a"lis*e* hoora .Parliament0, it shall be reconsidered by the $a"lis*e* hoora .Parliament0 and, if it is again passed, with or without amendment, by the $a"lis*e* hoora .Parliament0, @in accordance with Article E=A it shall be deemed for the purposes of the (onstitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefromA38 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.b0

received by or deposited with the upreme (ourt or any other court established under the authority of the &ederation;

shall be credited to the Public Account of the &ederation25. Cu! #d0. e c.. #) Fede"al C#n!#lida ed Fund and Public Acc#un - 3he custody of the &ederal (onsolidated &und, the payment 9r moneys into that &und, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the &ederal Dovernment, their payment into, and withdrawal from, the Public Account of the &ederation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of $a"lis*e* hoora .Parliament0 or, until provision in that behalf is so made, by rules made by the President46. Annual Bud&e S a e%en - ./0 3he &ederal Dovernment shall, in respect of every financial year, cause to be laid before the 'ational Assembly a statement of the estimated receipts and expenditure of the &ederal Dovernment for that year, in this Part referred to as the Annual 5udget tatement.20 .a0 .b0 3he Annual 5udget tatement shall show separately* the sums re!uired to meet expenditure described by the (onstitution as expenditure charged upon the &ederal (onsolidated &und; and the sums re!uired to meet other expenditure proposed to be made from the &ederal (onsolidated &und; and shall distinguish expenditure on revenue account from other expenditure-

41. E+pendi u"e cha"&ed up#n Fede"al C#n!#lida ed Fund - 3he following expenditure shall be expenditure charged upon the &ederal (onsolidated &und4* .a0 the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to* .i0 .ii0 .iii0 .iv0 .v0 .b0
>=

the +udges of the (ourtA;

upreme (ourt

7G

@and the #slamabad High

the (hief <lection (ommissioner; the (hairman and the ,eputy (hairman; the peaker and the ,eputy Assembly; the Auditor*Deneral; peaker of the 'ational

@the administrative expenses, including the remuneration payable to officers and servants, of the upreme (ourt, the #slamabad High (ourt, the department of the Auditor*Deneral, the 9ffice of the (hief <lection (ommissioner and of the <lection (ommission and the ecretariats of the enate and the 'ational Assembly; A all debt charges for which the &ederal Dovernment 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 &ederal (onsolidated &und; any sums re!uired to satisfy any "udgment, decree or award against Pakistan by any court or tribunal; and any other sums declared by the (onstitution or by Act of $a"lis*e* hoora .Parliament0 to be so charged-

.c0

.d0 .e0

4$. P"#cedu"e "ela in& # Annual Bud&e S a e%en - ./0 o much of the Annual 5udget tatement as relates to expenditure charged upon the &ederal (onsolidated &und may be discussed in, but shall not be submitted to the vote of, the 'ational Assembly39 40

Added by the (onstitution .'ineteenth Amendment0 Act / of 2=// ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

.20 o much of the Annual 5udget tatement as relates to other expenditure shall be submitted to the 'ational 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 sub"ect 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 'ational 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 ma"ority of the total membership of the Assembly, it is refused or assented to sub"ect to a reduction of the amount specified therein.70 'o demand for a grant shall be made except on the recommendation of the &ederal Dovernment4*. Au hen ica i#n #) !chedule #) au h#"i!ed e+pendi u"e - ./0 3he Prime $inister shall authenticate by his signature a schedule specifying* .a0 .b0 the grants made or deemed to have been made by the 'ational Assembly under Article F2, and the several sums re!uired to meet the expenditure charged upon the &ederal (onsolidated &und but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the 'ational Assembly-

.20 3he schedule so authenticated shall be laid before the 'ational Assembly, but shall not be open to discussion or vote thereon.70 ub"ect to the (onstitution, no expenditure from the &ederal (onsolidated &und shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the 'ational Assembly as re!uired by clause .204,. Supple%en a"0 and e+ce!! &"an ! - #f in respect of any financial year it is found* .a0 that the amount authori)ed 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 5udget tatement for that year; or 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 &ederal Dovernment shall have power to authori)e expenditure from the &ederal (onsolidated &und, whether the expenditure is charged by the (onstitution upon that &und or not, and shall cause to be laid before the 'ational Assembly a upplementary 5udget tatement or, as the case may be, an <xcess 5udget tatement, setting out the amount of that expenditure, and the provisions of Articles F= to F7 shall apply to those statements as they apply to the Annual 5udget tatement4/. ?# e! #n acc#un - 'otwithstanding anything contained in the foregoing provisions relating to financial matters, the 'ational 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 F2 for the voting of such grant and the authentication of the schedule of authori)ed expenditure in accordance with the provisions of Article F7 in relation to the expenditure41. P#-e" # au h#"i!e e+pendi u"e -hen A!!e%bl0 ! and! di!!#l(ed - 'otwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the 'ational Assembly stands dissolved, the &ederal Dovernment may authori)e expenditure from the &ederal (onsolidated &und in

.b0

respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article F2 for the voting of grants and the authentication of the schedule of authori)ed expenditure in accordance with the provisions of Article F7 in relation to the expenditure42. Sec"e a"ia ! #) Ma'li!9e9Sh##"a =Pa"lia%en > - ./0 <ach House shall have a separate ecretariat4 Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses.20 $a"lis*e* hoora .Parliament0 may by law regulate the recruitment and the conditions of service of persons appointed to the ecretarial staff of either House.70 Until provision is made by $a"lis*e* hoora .Parliament0 under clause .20, the peaker or, as the case may be, the (hairman may, with the approval of the President, make rules regulating the recruitment and the conditions of service, of persons appointed to the secretarial staff of the 'ational Assembly or the enate44. Finance C#%%i ee!- ./0 3he expenditure of the 'ational Assembly and the enate within authorised appropriations shall be controlled by the 'ational Assembly or, as the case may be, the enate acting on the advice of its &inance (ommittee.20 3he &inance (ommittee shall consist of the peaker or, as the case may be, the (hairman, the $inister of &inance and such other members as may be elected thereto by the 'ational Assembly or, as the case may be, the enate.70 3he &inance (ommittee may make rules for regulating its procedure'r!inances 45. P#-e" #) P"e!iden # p"#%ul&a e O"dinance! - ./0 3he President may, except when the >/@ enate orA 'ational Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an 9rdinance as the circumstances may re!uire.20 An 9rdinance promulgated under this Article shall have the same force and effect as an Act of $a"lis*e* hoora .Parliament0 and shall be sub"ect to like restrictions as the power of $a"lis*e* hoora .Parliament0 to make law, but every such 9rdinance* .a0 shall be laid* .i0 before the 'ational Assembly if it contains provisions dealing with all or any of the matters specified in clause .20 of Article E7, and shall stand repealed at the expiration of >2@one hundred and twenty daysA 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 resolution4
>7

@Provided that the 'ational Assembly may by a resolution extend the 9rdinance 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 resolution4
Provided further that extension for further period may be made only once; andA
41 42

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :four months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=43 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.ii0

before both Houses if it does not contain provisions dealing with any of the matters referred to in sub*paragraph .i0, and shall stand repealed at the expiration of >>@one hundred and twenty daysA 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 resolution4
>?

@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 resolution4 Provided further that extension for a further period may be made only once; andA .b0
>B

may be withdrawn at any time by the President-

@.70 without pre"udice to the provisions of clause .20,* an 9rdinance laid before the 'ational Assembly under sub* paragraph .i0 of paragraph .a0 of clause .20 shall be deemed to be a 5ill introduced in the 'ational Assembly; and an 9rdinance laid before both Houses under sub*paragraph .ii0 of paragraph .a0 of clause .20 shall be deemed to be a 5ill introduced in the House where it was first laid-A Chap e" *.9The Fede"al :#(e"n%en

.a0

.b0

A56. The Fede"al :#(e"n%en - ./0 ub"ect to the (onstitution, the executive authority of the &ederation shall be exercised in the name of the President by the &ederal Dovernment, consisting of the Prime $inister and the &ederal $inisters, which shall act through the Prime $inister, who shall be the chief executive of the &ederation,2

.20 #n the performance of his functions under the (onstitution, the Prime $inster may act either directly or through the &ederal $inisters-A

44 45

Words :four months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=46 3he following Article FG.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 Without pre"udice to the provisions of clause .20 an 9rdinance laid before the 'ational Assembly, shall be deemed to be a 5ill introduced in the 'ational Assembly47 3he following Article G= substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=56. E+e"ci!e #) e+ecu i(e au h#"i 0 #) he Fede"a i#nH ./0 3he executive authority of the &ederation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the (onstitution@.20 'othing contained in clause ./0 shall 4* .a0 be deemed to transfer to the President any functions conferred by any existing law on the Dovernment of any Province or other authority; or .b0 prevent the $a"lis*e* hoora .Parliament0 from conferring by law functions on authorities other than the PresidentA

A51. The Cabine - ./0 3here shall be a (abinet of $inisters, with the Prime $inister at its head, to aid and advise the President in the exercise of his functions,4

.20 3he 'ational 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.70 After the election of the peaker and the ,eputy peaker, the 'ational Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its $uslim members to be the Prime $inister.>0 3he Prime $inister shall be elected by the votes of the ma"ority of the total membership of the 'ational Assembly4 Provided that, if no member secures such ma"ority 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 ma"ority of votes of the members present and voting shall be declared to have been elected as Prime $inister4 Provided further that, if the number of votes secured by two or more members securing the highest number of votes is e!ual, further poll shall be held between them until one of them secures a ma"ority of votes of the members present and voting.?0 3he member elected under clause .>0 shall be called upon by the President to assume the office of Prime $inister and he shall, before entering upon the office, make before the President oath in the form set out in the 3hird chedule4 Provided that there shall be no restriction on the number of terms for the office of the Prime $inister48

3he following Article G/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@51. The Cabine H ./0 3here shall be a (abinet of $inisters, with the Prime $inister at its head, to aid and advise the President in the exercise of his functions.20 3he President shall in his discretion appoint from amongst the members of the 'ational Assembly a Prime $inister who, in his opinion, is most likely to command the confidence of the ma"ority of the members of the 'ational Assembly@.2A0 'otwithstanding any*thing contained in clause .20, after the twentieth day of $arch, one thousand nine hundred and ninety, the President shall invite the member of the 'ational Assembly to be the Prime $inister who commands the confidence of the ma"ority of the members of the 'ational Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the (onstitution-A .70 3he person appointed under clause .20 @or as the case may be, invited under clause .2A0A shall, before entering upon the office, make before the President oath in the form set out in the 3hird chedule and shall within a period of sixty days thereof obtain a vote of confidence from the 'ational Assembly.>0 3he (abinet, together with the $inisters of tate, shall be collectively responsible to the 'ational Assembly@.?0 3he Prime $inister 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 $inister does not command the confidence of the ma"ority of the members of the 'ational Assembly, in which case he shall summon the 'ational Assembly and re!uire the Prime $inister to obtain a vote of confidence from the Assembly-A .B0 3he Prime $inister may, by writing under his hand addressed to the President, resign his office.E0 A $inister who for any period of six consecutive months is not a member of the 'ational Assembly shall, at the expiration of that period, cease to be a $inister and shall not before the dissolution of that Assembly be again appointed a $inister unless he is elected a member of that Assembly4 Provided that nothing contained in this clause shall apply to a $inister who is a member of the enate.F0 'othing contained in this Article shall be construed as dis!ualifying the Prime $inister or any other $inister or a $inister of tate for continuing in office during any period during which the 'ational Assembly stands dissolved, or as preventing the appointment of any person as Prime $inister or other $inister or as $inister of tate during any such period-A

.B0 3he (abinet, together with the $inisters of tate, shall be collectively responsible to the enate and the 'ational Assembly.E0 3he Prime $inister 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 $inister does not command the confidence of the ma"ority of the members of the 'ational Assembly, in which case he shall summon the 'ational Assembly and re!uire the Prime $inister to obtain a vote of confidence from the Assembly.F0 3he Prime $inister may, by writing under his hand addressed to the President, resign his office.G0 A $inister who for any period of six consecutive months is not a member of the 'ational Assembly shall, at the expiration of that period, cease to be a $inister and shall not before the dissolution of that Assembly be again appointed a $inister unless he is elected a member of that Assembly4 Provided that nothing contained in this clause shall apply to a $inister who is member of the enate./=0 'othing contained in this Article shall be construed as dis!ualifying the Prime $inister or any other $inister or a $inister of tate for continuing in office during any period during which the 'ational Assembly stands dissolved, or as preventing the appointment of any person as Prime $inister or other $inister or a $inister of tate during any such period-A
5$. Fede"al Mini! e"! and Mini! e"! #) S a e- ./0 ub"ect to clauses >G@.G0 and ./=0A of Article G/, the President shall appoint &ederal $inisters and $inisters of tate from amongst the members of $a"lis*e* hoora .Parliament0 on the advice of the Prime $inister4 Provided that the number of &ederal $inisters and $inisters of tate who are members of the enate shall not at any time exceed one*fourth of the number of &ederal $inisters4

@Provided further that the total strength of the (abinet, including $inisters of tate, shall not exceed eleven percent of the total membership of $a"lis*e* hoora .Parliament04 Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=-A
.20 5efore entering upon office, a &ederal $inister or $inister of tate shall make before the President oath in the form set out in the 3hird chedule.70 A &ederal $inister or $inister of tate 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 $inister5*. Ad(i!e"!- ./0 3he President may, on the advice of the Prime $inister, appoint not more than five Advisers, on such terms and conditions as he may determine.20 3he provisions of Article ?E shall also apply to an Adviser5,. P"i%e Mini! e" c#n inuin& in #))ice - 3he President may ask the Prime $inister to continue to hold office until his successor enters upon the office of Prime $inister5/. ?# e #) n#9c#n)idence a&ain! P"i%e Mini! e" - ./0 A resolution for a vote of no*confidence moved by not less than twenty per centum of the total
49 50

?=

Words :.E0 and .F0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

membership of the 'ational Assembly may be passed against the Prime $inister by the 'ational Assembly.20 A resolution referred to in clause ./0 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 'ational Assembly.70 A resolution referred to in clause ./0 shall not be moved in the 'ational Assembly while the 'ational Assembly is considering demands for grants submitted to it in the Annual 5udget tatement.>0 #f the resolution referred to in clause ./0 is passed by a ma"ority of the total membership of the 'ational Assembly, the Prime $inister shall cease to hold office51. AO%i edC 52. E+ en #) e+ecu i(e au h#"i 0 #) Fede"a i#n - ub"ect to the (onstitution, the executive authority of the &ederation shall extend to the matters with respect to which $a"lis*e* hoora .Parliament0 has power to make laws, including exercise of rights, authority and "urisdiction in and in relation to areas outside Pakistan4 Provided that the said authority shall not, save as expressly provided in the (onstitution or in any law made by $a"lis*e* hoora .Parliament0, extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws54. C#n)e""in& #) )unc i#n! #n !ub#"dina e au h#"i ie! - 9n the recommendation of the &ederal Dovernment, $a"lis*e* hoora .Parliament0 may by law confer functions upon officers or authorities subordinate to the &ederal Dovernment55. C#nduc #) bu!ine!! #) Fede"al :#(e"n%en - ./0 All executive actions of the &ederal Dovernment shall be expressed to be taken in the name of the President.20 3he ?/@&ederal DovernmentA shall by rules specify the manner in which orders and other instruments made and executed ?2@in the name of the PresidentA shall be authenticated, and the validity of any order or instrument so authenticated shall not be !uestioned in any court on the ground that it was not made or executed by the President-

@.70 3he &ederal Dovernment shall also make rules for the allocation and transaction of its business-A
166. A #"ne09:ene"al )#" Pa<i! an- ./0 3he President shall appoint a person, being a person !ualified to be appointed a +udge of the upreme (ourt, to be the Attorney*Deneral for Pakistan.20 3he Attorney*Deneral shall hold office during the pleasure of the ?> President @and shall not engage in private practice so long as he holds the office of the Attorney*Deneral-A .70 #t shall be the duty of the Attorney*Deneral to give advice to the &ederal Dovernment upon such legal matters, and to perform such other duties of a legal character as may be referred or assigned to him by the &ederal Dovernment, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.>0 3he Attorney*Deneral may, by writing under his hand addressed to the President, resign his office51 52

?7

Words :President; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :in his name; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=53 3he following Article GG.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 3he President shall also make rules for the allocation and transaction of the business of the &ederal Dovernment-A 54 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

PART I? PRO?INCES 161.

Province, who shall be appointed by the President on the advice of the Prime $inister-A
.20 A person shall not be appointed a Dovernor unless he is !ualified to be elected as member of the 'ational Assembly and is not less that thirty*five years of age ?B@and is a registered voter and resident of the Province concernedA .70 3he Dovernor shall hold office during the pleasure of the President and shall be entitled to such salary, allowances and privileges as the President may determine.>0 3he Dovernor may, by writing under his hand addressed to the President, resign his office.?0 3he President may make such provision as he thinks fit for the discharge of the functions of a Dovernor in any contingency not provided for in this Part16$. Oa h #) #))ice- 5efore entering upon office, the Dovernor shall make before the (hief +ustice of the High (ourt oath in the form set out in the 3hird chedule-

App#in %en #) :#(e"n#"- //@./0 3here shall be a Dovernor for each

16*. C#ndi i#n! #) :#(e"n#";! #))ice- ./0 3he Dovernor 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.20 3he Dovernor shall not be a candidate for election as a member of $a"lis*e* hoora .Parliament0A or a Provincial Assembly and, if a member of $a"lis* e* hoora .Parliament0Aor a Provincial Assembly is appointed as Dovernor, his seat in $a"lis*e* hoora .Parliament or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office/2

A16,. Spea<e" P"#(incial A!!e%bl0 # ac a!. #" pe")#"% )unc i#n! #) :#(e"n#" in hi! ab!ence- When the Dovernor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the peaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Dovernor until the Dovernor returns to Pakistan or, as the case may be, resumes his functions-A
16/. :#(e"n#" # ac #n ad(ice. e c - ./0 ub"ect to the (onstitution, in the performance of his functions, the Dovernor shall act ?F@on andA in accordance with the advice of the (abinet, or the (hief $inisterProvided that ?G@within fifteen daysA the Dovernor may re!uire the (abinet or, as the case may be, the (hief $inister to reconsider such advice, whether generally or otherwise, and the Dovernor shall B=@, within ten days,A act in accordance with the advice tendered after such reconsideration.20 3he !uestion whether any, and if so what, advice was tendered to the Dovernor by the (hief $inister or the (abinet shall not be in!uired into in, or by, any court, tribunal or other authority55

3he following Article /=/./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 3here shall be a Dovernor for each Province, who shall be appointed by the President @in his discretionA @after consultation with the Prime $inister-A 56 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=57 3he following Article /=> substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=16,. Ac in& :#(e"n#"H 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 Dovernor58 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=59 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=60 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

@.70 Where the Dovernor dissolves the Provincial Assembly, notwithstanding anything contained in clause ./0, he shall,* .a0 appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and appoint a care*taker (abinet-A
B2

B/

.b0
.>0

@HHHA

.?0 3he provisions of clause @.20A of Article >F shall have effect in relation to a Dovernor as if reference therein to CPresidentC were reference to CDovernorCChap e" $. 9 PRO?INCIAL ASSEMBLIES

A161. C#n! i u i#n #) P"#(incial A!!e%blie!- ./0 <ach Provincial Assembly shall consist of general seats and seats reserved for women and non*$uslims as specified herein below-*
1*

:ene"al Sea ! 5alochistan 6hyber Pakhtunkhwa Pun"ab indh ?/ GG 2GE /7=

J#%en // 22 BB 2G

N#n9 Mu!li%! 7 7 F G

T# al B? /2> 7E/ /BF

.20 .a0 .b0 .c0

A person shall be entitled to vote ifK he is a citi)en of Pakistan; he is not less than eighteen years of age; his name appears on the electoral roll for any area in the Province; and

61

3he following Article /=?.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 Where the Dovernor dissolves the Provincial Assembly, he shall appoint, in his discretion, but with the previous approval of the President, a care*taker (abinet62 3he following Article /=?.>0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.>0 3he powers conferred by the Article on the President shall be exercised by him in his discretion63 3he following Article /=B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=161. C#n! i u i#n #) P"#(incial A!!e%blie!. ./0 <ach Provincial Assembly shall consist of general seats and seats reserved for women and non*$uslims as specified herein below:ene"al !ea !J#%enN#n9Mu!li%!T# al5aluchistan?///7B?3he 'orth*West &rontier ProvinceGG227/2>3he Pun"ab2GEBBF7E/ ind/7=2GG/BF .20 A person shall be entitled to vote if* .a0 he is a citi)en of Pakistan; .b0 he is not less than eighteen years of age; .c0 his name appears on the electoral roll for any area in the Province; and .d0 he is not declared by a competent court to be of unsound mind.70 &or the purpose of election to a Provincial Assembly* .a0 the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote; .b0 each Province shall be a single constituency for all seats reserved for women and non*$uslims allocated to the respective Provinces under clause ./0; .c0 the members to fill seats reserved for women and non*$uslims allocated to a Province under clause ./0 shall be elected in accordance with law through proportional representation system of political partiesL lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly4 @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 "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates-A

.d0 .70 .a0

he is not declared by a competent court to be of unsound mind &or the purpose of election to a Provincial Assembly,* 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; each Province shall be a single constituency for all seats reserved for women and non*$uslims allocated to the respective Provinces under clause ./0; the members to fill seats reserved for women and non*$uslims allocated to a Province under clause ./0 shall be elected in accordance with law through proportional representation system of political partiesL lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly4 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 "oin such political party within three days of the publication in the official Da)ette of the names of the returned candidates-A

.b0

.c0

162. 3u"a i#n #) P"#(incial A!!e%bl0 - 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 term164. Spea<e" and 3epu 0 Spea<e" - 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 peaker and a ,eputy peaker and, so often as the office of peaker or ,eputy peaker becomes vacant, the Assembly shall elect another member as peaker or, as the case may be, ,eputy peaker165. Su%%#nin& and p"#"#&a in# #) P"#(incial A!!e%bl0 - 3he Dovernor may from time to time* .a0 .b0 summon the Provincial Assembly to meet at such time and place as he thinks fit; and prorogue the Provincial Assembly-

116. Ri&h #) :#(e"n#" # add"e!! P"#(incial A!!e%bl0 - 3he Dovernor may address the Provincial Assembly and may for that purpose re!uire the attendance of the members111. Ri&h # !pea< in P"#(incial A!!e%bl0 - 3he Advocate*Deneral shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entitled to vote-

A11$. 3i!!#lu i#n #) P"#(incial A!!e%bl0- ./0 3he Dovernor shall dissolve the Provincial Assembly if so advised by the (hief $inister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty*eight hours after the (hief $inister has so advised1,

Explanation.- 1eference in this Article to Q(hief $inisterM shall not be construed to include reference to a (hief $inister 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.20 3he Dovernor may also dissolve the Provincial Assembly in his discretion, but sub"ect to the previous approval of the President, where a vote of no*confidence having been passed against the (hief $inister, no other member of the Provincial Assembly commands the confidence of the ma"ority of the members of the Provincial Assembly in accordance with the provisions of the (onstitution, as ascertained in a session of the Provincial Assembly summoned for the purpose-A
11*. @uali)ica i#n! and di!7uali)ica i#n! )#" %e%be"!hip #) P"#(incial A!!e%bl0- 3he !ualifications and dis!ualifications for membership of the 'ational Assembly set out in Articles B2 and B7 shall also apply for membership of a Provincial Assembly as if reference therein to C'ational AssemblyC were a reference to CProvincial AssemblyC11,. Re! "ic i#n #n di!cu!!i#n in P"#(incial A!!e%bl0 - 'o discussion shall take place in a Provincial Assembly with respect to the conduct of any +udge of the upreme (ourt or of a High (ourt in the discharge of his duties11/. P"#(incial :#(e"n%en ;! c#n!en "e7ui"ed )#" )inancial %ea!u"e! - ./0 A $oney 5ill, or a 5ill or amendment which if enacted and brought into operation would involve expenditure from the Provincial (onsolidated &und 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 Dovernment.20 &or the purpose of this Article, a 5ill or amendment shall be deemed to be a $oney 5ill if it contains provisions dealing with all or any of the following matters, namely4* .a0
64

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

3he following Article //2 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=11$. 3i!!#lu i#n #) P"#(incial A!!e%bl0H @./0A 3he Dovernor shall dissolve the Provincial Assembly if so advised by the (hief $inister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty*eight hours after the (hief $inister has so advisedE+plana i#n.* 1eference in this Article to C(hief $inisterC shall not be construed to include reference to a (hief $inister against whom notice or a resolution for a vote of no*confidence has been givenA 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 .20 of Article /7> or a Provincial $inister performing the functions of the (hief $inister under clause ./0 or clause .70 of Article /7?.20 3he Dovernor may also dissolve the Provincial Assembly in his discretion, but sub"ect to the previous approval of the President, where, in his opinion4* .a0 a vote of no*confidence having been passed against the (hief $inister, no other member of the Provincial Assembly is likely to command the confidence of the ma"ority of the members of the Provincial Assembly in accordance with the provisions of the (onstitution, as ascertained in a session of the Provincial Assembly summoned for the purpose; or .b0 a situation has arisen in which the Dovernment of the Province cannot be carried on in accordance with the provisions of the (onstitution and an appeal to the electorate is necessary.70 3he Dovernor in case of dissolution of the Provisional Assembly under paragraph .b0 of clause .20 shall within fifteen days of the dissolution refer the matter to the upreme (ourt with the previous approval of the President and the upreme (ourt shall decide the reference within thirty days whose decision shall be final-

.b0

the borrowing of money, or the giving of any guarantee, by the Provincial Dovernment or the amendment of the law relating to the financial obligations of that Dovernment; the custody of the Provincial (onsolidated &und, the payment of moneys into, or issue of moneys from, that &und; the imposition of a charge upon the Provincial (onsolidated &und, or the abolition or alteration of any such charge; the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys; and any matter incidental to any of the matters specified in the preceding paragraphs-

.c0 .d0 .e0 .f0 .70 provides*

A 5ill shall not be deemed to be a $oney 5ill by reason only that it .a0 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 for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes-

.b0

.>0 #f any !uestion arises whether a 5ill is a $oney 5ill or not, the decision of the peaker of the Provincial Assembly thereon shall be final.?0 <very $oney 5ill presented to the Dovernor for assent shall bear a certificate under the hand of the peaker of the Provincial Assembly that it is a $oney 5ill and such certificate shall be conclusive for all purposes and shall not be called in !uestion111. :#(e"n#";! a!!en # Bill! - ./0 When a 5ill has been passed by the Provincial Assembly, it shall be presented to the Dovernor for assent.20 When a 5ill is presented to the Dovernor for assent, the Dovernor B? shall, within @tenA days, .a0 .b0 assent to the 5ill; or in the case of a 5ill other than a $oney 5ill, return the 5ill to the Provincial Assembly with a message re!uesting that the 5ill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered-

.70 When the Dovernor has returned a 5ill 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 ma"ority of the members of the Provincial Assembly present and voting, it shall be again Presented to the Dovernor and the Dovernor shall BB@give his assent within ten days, failing which such assent shall be deemed to have been given-A .>0 When the Dovernor has assented BE@or is deemed to have assentedA to a 5ill, it shall become law and be called an Act of Provincial Assembly.?0 'o 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 re!uired by the (onstitution was not given if that Act was assented to accordance with the (onstitution112. Bill n# # lap!e #n p"#"#&a i#n. e c - ./0 A 5ill pending in a Provincial Assembly shall not lapse by reason of the prorogation of the Assembly-

65 66

Word :thirty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :not withhold assent therefrom; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=67 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.20 A 5ill pending in a Provincial Assembly shall lapse on the dissolution of the AssemblyFinancial P"#cedu"e 114. P"#(incial C#n!#lida ed Fund and Public Acc#un - ./0 All revenues received by the Provincial Dovernment, all loans raised by that Dovernment, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Provincial (onsolidated &und.20 .a0 .b0 All other moneys* received by or on behalf of the Provincial Dovernment; or received by or deposited with the High (ourt or any other court established under the authority of the Province;

shall be credited to the Public Account of the Province115. Cu! #d0. e c.. #) P"#(incial C#n!#lida ed Fund and Public Acc#un - 3he custody of the Provincial (onsolidated &und, the payment of moneys into that &und, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Dovernment, 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 Dovernor1$6. Annual Bud&e S a e%en - ./0 3he Provincial Dovernment 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 Dovernment for that year, in this (hapter referred to as the Annual 5udget tatement.20 .a0 .b0 3he Annual 5udget tatement shall show separately 4* the sums re!uired to meet expenditure described by the (onstitution as expenditure charged upon the Provincial (onsolidated &und; and the sums re!uired to meet other expenditure proposed to be made from the Provincial (onsolidated &und;

and shall distinguish expenditure on revenue account from other expenditure1$1. E+pendi u"e cha"&ed up#n P"#(incial C#n!#lida ed Fund - 3he following expenditure shall be expenditure charged upon the Provincial (onsolidated &und4 .a0 the remuneration payable to the Dovernor and other expenditure relating to his office, and the remuneration payable to 4* .i0 .ii0 .b0 the +udges of the High (ourt; and the peaker and ,eputy peaker of the Provincial Assembly;

the administrative expenses, including the remuneration payable to officers and servants, of the High (ourt and the ecretariat of the Provincial Assembly; all debt charges for which the Provincial Dovernment 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 (onsolidation &und; any sums re!uired to satisfy any "udgment, decree or award against the Province by any (ourt or tribunal; and any other sums declared by the (onstitution or by Act of the Provincial Assembly to be so charged-

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1$$. P"#cedu"e "ela in& # Annual Bud&e S a e%en - ./0 o much of the Annual 5udget tatement as relates to expenditure charged upon the Provincial (onsolidated &und may be discussed in, but shall not be submitted to the vote of, the Provincial Assembly.20 o much of the Annual 5udget tatement 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 sub"ect to a reduction of the amount specified therein4
BF

@HHHA

.70 'o demand for a grant shall be made except on the recommendation of the Provincial Dovernment1$*. Au hen ica i#n #) !chedule #) au h#"i8ed e+pendi u"e - ./0 3he (hief $inister shall authenticate by his signature a schedule specifying 4* .a0 .b0 the grants made or deemed to have been made by the Provincial Assembly under Article /22 and the several sums re!uired to meet the expenditure charged upon the Provincial (onsolidated &und but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Assembly-

.20 3he schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion or vote thereon.70 ub"ect to the (onstitution, no expenditure from the Provincial (onsolidated &und shall be deemed to be duly authori)ed unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as re!uired by clause .201$,. Supple%en a"0 and e+ce!! &"an - #f in respect of any financial year it is found .a0 that the amount authori)ed 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 5udget tatement for that year; or 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;

.b0

the Provincial Dovernment shall have power to authori)e expenditure from the Provincial (onsolidated &und, whether the expenditure is charged by the (onstitution upon that &und or not, and shall cause to be laid before the Provincial Assembly a upplementary 5udget tatement or, as the case may be, an <xcess 5udget tatement, setting out the amount of that expenditure, and the provisions of Article /2= to /27 shall apply to those statements as they apply to the Annual 5udget tatement1$/. ?# e! #n acc#un - 'otwithstanding 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 /22 for the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article /27 in relation to the expenditure68

3he following proviso of Article /22.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=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 ma"ority of the total membership of the Assembly, it is refused or assented to sub"ect to a reduction of the amount specified therein-A

1$1. P#-e" # au h#"i8e e+pendi u"e -hen A!!e%bl0 ! and! di!!#l(ed - 'otwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Dovernment may authori)e expenditure from the Provincial (onsolidated &und 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 /22 for the voting of grants and the authentication of the schedule of authori)ed expenditure in accordance with the provisions of Article /27 in relation to the expenditure1$2. P"#(i!i#n! "ela in& # Na i#nal A!!e%bl0. e c.. # appl0 # P"#(incial A!!e%bl0. e c- ub"ect to the (onstitution, the provisions of clauses .20 to .F0 of Article ?7, clauses .20 and .70 of Article ?>, Article ??, Articles B7 to BE, Article BG, Article EE, Article FE and Article FF shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Dovernment, but so that .a0 any reference in those provisions to $a"lis*e* hoora .Parliament0, a House or the 'ational Assembly shall be read as a reference to the Provincial Assembly; any reference in those provisions to the President shall be read as a reference to the Dovernor of the Province; any reference in those provisions to the &ederal Dovernment shall be, read as a reference to the Provincial Dovernment; any reference in those provisions to the Prime $inister shall be read as a reference to the (hief $inister; any reference in those provisions to a &ederal $inister shall be read as a reference to a Provincial $inister; any reference in those provisions to the 'ational Assembly of Pakistan shall be read as a reference to the Provincial Assembly in existence immediately before the commencing day ; and the said clause .20 of Article ?> shall have effect as if, in the proviso thereto, for the words Cone hundred and thirtyC the word BG@one hundredA were substituted-

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.g0

1$4. P#-e" #) :#(e"n#" # p"#%ul&a e O"dinance! - ./0 3he Dovernor 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 9rdinance as the circumstances may re!uire.20 An 9rdinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be sub"ect to like restrictions as the power of the Provincial Assembly to make laws, but every such 9rdinance4 .a0 shall be laid before the Provincial Assembly and shall stand repealed at the expiration of E=@ninety daysA 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 resolution4
E/

@Provided that the Provincial Assembly may by a resolution extend the 9rdinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution4 Provided further that extension for a further period may be made only once-A
69 70

Word :seventy; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Word :three months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=71 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.b0

may be withdrawn at any time by the Dovernor-

.70 Without pre"udice to the provisions of clause .20, an 9rdinance laid before the Provincial Assembly shall be deemed to be a 5ill introduced in the Provincial Assembly-

A1$5. The P"#(incial :#(e"n%en - ./0 ub"ect to the (onstitution, the executive authority of the Province shall be exercised in the name of the Dovernor by the Provincial Dovernment, consisting of the (hief $inister and Provincial $inisters, which shall act through the (hief $inister2$

.20 #n the performance of his functions under the (onstitution, the (hief $inister may act either directly or through the Provincial $inisters-A A1*6. The Cabine - ./0 3here shall be a (abinet of $inisters, with the (hief $inister at its head, to aid and advise the Dovernor in the exercise of his functions2*

.20 3he 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 Dovernor.70 After the election of the peaker and the ,eputy peaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the (hief $inister.>0 3he (hief $inister shall be elected by the votes of the ma"ority of the total membership of the Provincial Assembly4 Provided that, if no member secures such ma"ority in the first poll, a second poll shall be held between the members who secure the two highest
72

3he following Article /2G substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=1$5. E+e"ci!e #) e+ecu i(e au h#"i 0 #) P"#(inceH 3he executive authority of the Province shall vest in the Dovernor and shall be exercised by him, either directly or though officers subordinate to him, in accordance with the (onstitution-A 73 3he following Article /7= substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@1*6. The Cabine H ./0 3here shall be a (abinet of $inisters, with the (hief $inister at its head, to aid and advise the Dovernor in the exercise of his functions.20 3he Dovernor shall appoint from amongst the members of the Provincial Assembly a (hief $inister who, in his opinion, is likely to command the confidence of the ma"ority of the members of the provincial Assembly@.2A0 'otwithstanding anything contained in clause.20 after the twentieth day of $arch, one thousand nine*hundred and eighty*eight, the Dovernor shall invite the member of the Provincial Assembly to be the (hief $inister 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 (onstitution4 Provided that nothing contained in this clause shall apply to a (hief $inister holding office on the twentieth day of $arch, one thousand nine hundred and eighty eight, in accordance with provisions of the (onstitution-A .70 3he person appointed under clause.20 or, as the case may be, invited under clause.2A0A shall, before entering upon the office, make before the Dovernor oath in the form set out in the 3hird chedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.>0 3he (abinet shall be collectively responsible to the Provincial Assembly .?0 3he (hief $inister shall hold office during the pleasure of the Dovernor, but the Dovernor shall not exercise his powers under this clause unless he is satisfied that the (hief $inister does not command the confidence of the ma"ority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and re!uire the (hief $inister to obtain a vote of confidence from the Assembly-A .B0 3he (hief $inister may, by writing under his hand addressed to the Dovernor, resign his office.E0 A $inister 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 $inister, and shall not before the dissolution of that Assembly be again appointed a $inister unless he is elected a member of that Assembly.F0 'othing contained in this Article shall be construed as dis!ualifying the (hief $inister or any other $inister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as (hief $inister or other $inister during any such period-A

numbers of votes in the first poll and the member who secures a ma"ority of votes of the members present and voting shall be declared to have been elected as (hief $inister4 Provided further that, if the number of votes secured by two or more members securing the highest number of votes is e!ual, further polls shall be held between them until one of them secures a ma"ority of votes of the members present and voting.?0 3he member elected under clause .>0 shall be called upon by the Dovernor to assume the office of (hief $inister and he shall, before entering upon the office, make before the Dovernor oath in the form set out in the 3hird chedule4 Provided that there shall be no restriction on the number of terms for the office of the (hief $inister.B0 3he (abinet shall be collectively responsible to the Provincial Assembly and the total strength of the (abinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher4 Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=.E0 3he (hief $inister shall hold office during the pleasure of the Dovernor, but the Dovernor shall not exercise his powers under this clause unless he is satisfied that the (hief $inister does not command the confidence of the ma"ority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and re!uire the (hief $inister to obtain a vote of confidence from the Assembly.F0 3he (hief $inister may, by writing under his hand addressed to the Dovernor, resign his office.G0 A $inister 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 $inister and shall not before the dissolution of that Assembly be again appointed a $inister unless he is elected a member of that Assembly./=0 'othing contained in this Article shall be construed as dis!ualifying the (hief $inister or any other $inister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as (hief $inister or other $inister during any such period.//0
2,

3he (hief $inister shall not appoint more than five Advisers-A

A1*1. :#(e"n#" # be <ep in)#"%ed- 3he (hief $inister shall keep the Dovernor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Dovernment intends to bring before the Provincial Assembly-A
74

3he following Article /7/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@1*1. 3u ie! #) Chie) Mini! e" in "ela i#n # :#(e"n#"H #t shall be the duty of the (hief $inister* .a0 to communicate to the Dovernor all decisions of the (abinet relating to the administration of the affairs of the Province and proposals for legislation; .b0 to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Dovernor may call for; and .c0 if the Dovernor so re!uires, to submit for consideration of the (abinet any matter on which a decision has been taken by the (hief $inister or a $inister but which has not been considered by the (abinet-A

1*$. P"#(incial Mini! e"- ./0 ub"ect to clauses E?@.G0 and ./=0A of Article /7=, the Dovernor shall appoint Provincial $inisters from amongst members of the Provincial Assembly on the advice of the (hief $inister.20 5efore entering upon office, a Provincial $inister shall make before the Dovernor oath in the form set out in the 3hird chedule.70 A Provincial $inister may, by writing under his hand addressed to the Dovernor, resign his office or may be removed from office by the Dovernor on the advice of the (hief $inister1**. Chie) Mini! e" c#n inuin& in #))ice - 3he Dovernor may ask the (hief $inister to continue to hold office until his successor enters upon the office of (hief $inister1*, E1*/ A#%i edC 1*1. ?# e #) n#9c#n)idence a&ain! Chie) Mini! e" - ./0 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 (hief $inister by the Provincial Assembly.20 A resolution referred to in clause ./0 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.70 #f the resolution referred to in clause ./0 is passed by a ma"ority of the total membership of the Provincial Assembly, the (hief $inister shall cease to hold office1*2. E+ en #) e+ecu i(e au h#"i 0 #) P"#(ince - ub"ect to the (onstitution, the executive authority of the Province shall extend to the matters with respect to which the Provincial Assembly has power to make laws4 Provided that, in any matter with respect to which both $a"lis*e* hoora .Parliament0 and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be sub"ect to, and limited by, the executive authority expressly conferred by the (onstitution or by law made by $a"lis*e* hoora .Parliament0 upon the &ederal Dovernment or authorities thereof1*4. C#n)e""in& #) )unc i#n! #n !ub#"dina e au h#"i ie! - 9n the recommendation of the Provincial Dovernment, the Provincial Assembly may by law confer functions upon officers or authorities subordinate to the Provincial Dovernment1*5. C#nduc #) bu!ine!! #) P"#(incial :#(e"n%en - ./0 All executive actions of the Provincial Dovernment shall be expressed to be taken in the name of the Dovernor.20 3he EB@Provincial DovernmentA shall by rules specify the manner in which orders and other instruments made and executed EE@in the name of DovernorA shall be authenticated, and the validity of any order or instrument so authenticated shall not be !uestioned in any court on the ground that it was not made or executed by the Dovernor-

@.70 3he Provincial Dovernment shall also make rules for the allocation and transaction of its business-A

EF

75

Words :.E0 and .F0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

76 77

Word :Dovernor; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Word :in his name; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=78 3he following Article /7G.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 3he Dovernor shall also make rules for the allocation and transaction of the business of the Provincial Dovernment-A

1,6. Ad(#ca e9:ene"al )#" a P"#(ince- ./0 3he Dovernor of each Province shall appoint a person, being a person !ualified to be appointed a +udge of the High (ourt, to be the Advocate*Deneral for the Province.20 #t shall be the duty of the Advocate*Deneral to give advice to the Provincial Dovernment 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.70 3he Advocate*Deneral shall hold office during the pleasure of the EG Dovernor @and shall not engage in private practice so long as he holds the office of the Advocate*DeneralA .>0 3he Advocate*Deneral may, by writing under his hand addressed to the Dovernor, resign his office-

A1,6A. L#cal :#(e"n%en - <ach 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 governments46

.20 <lections to the local governments shall be held by the <lection (ommission of Pakistan-A **************
PART ? RELATIONS BETJEEN FE3ERATION AN3 PRO?INCES CHAPTER 19 3ISTRIBUTION OF LE:ISLATI?E POJERS 1,1. E+ en #) Fede"al and P"#(incial la-! - ub"ect to the (onstitution, $a"lis*e* hoora .Parliament0 may make laws .including laws having extra* territorial operation 0 for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof1,$. Sub'ec 9%a e" #) Fede"al and P"#(incial la-! - (onstitution* .a0
F/

ub"ect to the

$a"lis*e* hoora .Parliament0 shall have exclusive power to make laws with respect to any matter in the &ederal 8egislative 8ist;

@.b0 $a"lis*e* hoora .Parliament0 and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence-A @.c0 ub"ect to paragraph .b0, a Provincial Assembly shall, and $a"lis*e* hoora .Parliament0 shall not, have power to make laws with respect to any matter not enumerated in the &ederal 8egislative 8ist-;$a"lis*e* hoora .Parliament0 shall have exclusive power to make laws with respect to all matters pertaining to such areas in the &ederation as are not included in any Province-A

F2

.d0

79 80

Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he Article />=A inserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=81 3he following Article />2.i0.b0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.b0 @$a"lis*e* hoora .Parliament0A, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the (oncurrent 8egislative 8ist; 82 3he following Article />2.i0.c0 I .d0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.c0 A Provincial Assembly shall, and $a"lis*e* hoora .Parliament0A shall not, have power to make laws with respect to any matter not enumerated in either the &ederal 8egislative 8ist or the (oncurrent 8egislative 8ist; and .d0 $a"lis*e* hoora .Parliament0A shall have exclusive power to make laws with respect to matters not enumerated in either of the 8ists for such areas in the &ederation as are not included in any Province-

A1,*. Inc#n!i! enc0 be -een Fede"al and P"#(incial la-- #f any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of $a"lis*e* hoora .Parliament0 which $a"lis*e* hoora .Parliament0 is competent to enact, then the Act of $a"lis*e* hoora .Parliament0, 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-A
4*

1,,. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en > # le&i!la e )#" 4,A#neC #" %#"e P"#(ince! b0 c#n!en - ./0 #f F?@oneA or more Provincial Assemblies pass resolutions to the effect that $a"lis*e* hoora .Parliament0 may by law regulate any matter not enumerated in FB@the &ederal 8egislative 8istA in the &ourth chedule, it shall be lawful for $a"lis*e* hoora .Parliament0 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 ProvinceCHAPTER $H9 A3MINISTRATI?E RELATION BETJEEN FE3RATION AN3 PRO?INCES 1,/. P#-e" #) P"e!iden # di"ec :#(e"n#" # di!cha"&e ce" ain )unc i#n! a! hi! A&en - ./0 3he President may direct the Dovernor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the &ederation which are not included in any Province as may be specified in the direction.20 3he provisions of Article /=? shall not apply to the discharge by the Dovernor of his functions under clause ./01,1. P#-e" #) Fede"a i#n # c#n)e" p#-e"!. e c.. #n P"#(ince!. in ce" ain ca!e!- ./0 'otwithstanding anything contained in the (onstitution, the &ederal Dovernment may, with the consent of the Dovernment of a Province, entrust either conditionally or unconditionally to that Dovernment, or to its officers functions in relation to any matter to which the executive authority of the &ederation extends.20 An Act of $a"lis*e* hoora .Parliament0 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.70 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 &ederation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the (hief +ustice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties1,2. P#-e" #) he P"#(ince! # en "u! )unc i#n! # he Fede"a i#n - 'otwithstanding anything contained in the (onstitution, the Dovernment of a Province may, with the consent of the &ederal Dovernment, entrust, either conditionally or unconditionally, to the &ederal Dovernment, or to its officers, functions in relation to any matter to which the executive authority of the Province extends4

83

3he following Article />7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

1,*. Inc#n!i! enc0 be -een Fede"al and P"#(incial la-!H #f any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of $a"lis*e* hoora .Parliament0A which $a"lis*e* hoora .Parliament0A is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the (oncurrent 8egislative 8ist, then the Act of $a"lis*e* hoora .Parliament0A, 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 void84 Word :two; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=85 Word :two; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=86 Word :either list; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

@Provided that the Provincial Dovernment shall get the functions so entrusted ratified by the Provincial Assembly within sixty days-A
1,4. Obli&a i#n #) P"#(ince! and Fede"a i#n - ./0 3he executive authority of every Province shall be so exercised as to secure compliance with &ederal laws which apply in that Province.20 Without pre"udice to any other provision of this (hapter, in the exercise of the executive authority of the &ederation in any Province regard shall be had to the interests of that Province.70 #t shall be the duty of the &ederation to protect every Province against external aggression and internal disturbances and to ensure that the Dovernment of every Province is carried on in accordance with the provisions of the (onstitution1,5. 3i"ec i#n! # P"#(ince! in ce" ain ca!e! - ./0 3he executive authority of every Province shall be so exercised as not to impede or pre"udice the exercise of the executive authority of the &ederation, and the executive authority of the &ederation shall extend to the giving of such directions to a Province as may appear to the &ederal Dovernment to be necessary for that purpose.20
FF

FE

@HHHA

.70 3he executive authority of the &ederation 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.>0 3he executive authority of the &ederation 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 tran!uility or economic life of Pakistan or any part thereof1/6. Full )ai h and c"edi )#" public ac !. e c - &ull faith and credit shall be given throughout Pakistan to public acts and records, and "udicial proceedings of every Province1/1. In e"9P"#(incial "ade- ./0 ub"ect to clause .20, trade, commerce and intercourse throughout Pakistan shall be free.20 $a"lis*e* hoora .Parliament0 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 re!uired in the public interest.70 power to* .a0 A Provincial Assembly or a Provincial Dovernment shall not have 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 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-

.b0

.>0 An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the
87 88

Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article />G.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.20 3he executive authority of the &ederation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any &ederal law which relates to a matter specified in the (oncurrent 8egislative 8ist and authorises the giving of such directions-

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 invalid1/$. Ac7ui!i i#n #) land )#" Fede"al pu"p#!e! - 3he &ederation may, if it deems necessary to ac!uire any land situate in a Province for any purpose connected with a matter with respect to which $a"lis*e* hoora .Parliament0 has power to make laws, re!uire the Province to ac!uire the land on behalf, and at the expense, of the &ederation or, if the land belongs to the Province, to transfer it to the &ederation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the (hief +ustice of PakistanCHAPTER *.9 SPECIAL PRO?ISIONS 1/*. C#uncil #) C#%%#n In e"e! !- ./0 3here shall be a (ouncil of (ommon #nterests, in this (hapter referred to as the (ouncil, to be appointed by the PresidentFG

@.20 3he (ouncil shall consist of K the Prime $inister who shall be the (hairman of the (ouncil; the (hief $inisters of the Provinces; and three members from the &ederal Dovernment to be nominated by the Prime $inister from time to time-A
G=

.a0 .b0 .c0

.70
G/

@HHHA

.>0 3he (ouncil shall be responsible to $a"lis*e* hoora .Parliament0 @and shall submit an Annual 1eport to both House of $a"lis*e* hoora .Parliament0A1/,.

and regulate policies in relation to matters in Part ## of the &ederal 8egislative 8ist and shall exercise supervision and control over related institutions-A @.20 3he (ouncil shall be constituted within thirty days of the Prime $inister taking oath of office.70 3he (ouncil shall have a permanent at least once in ninety days4
G7

Func i#n! and "ule! #) p"#cedu"e - G2@./0 3he (ouncil shall formulate

ecretariat and shall meet

Provided that the Prime $inister may convene a meeting on the re!uest of a Province on an urgent matter-A
.>0 3he decisions of the (ouncil shall be expressed in terms of the opinion of the ma"ority.?0 Until $a"lis*e* hoora .Parliament0 makes provision by law in this behalf, the (ouncil may make its rules of procedure.B0 $a"lis*e* hoora .Parliament0A in "oint sit ting may from time to time by resolution issue directions through the &ederal Dovernment to the (ouncil
89

3he following Article /?7.20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.20 3he members of the (ouncil shall be* .a0 the (hief $inisters of the Provinces, and .b0 an e!ual number of members from the &ederal Dovernment to be nominated by the Prime $inister from time to time90 3he following Article /?7.70 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 3he Prime $inister- if he is a member of the (ouncil- shall be the (hairman of the (ouncil but, if at any time he is not a member, the President may nominate a &ederal $inister who is a member of the (ouncil to be its (hairman-A 91 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=92 3he following Article /?>./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 3he (ouncil shall formulate and regulate policies in relation to matters in Part ## of the &ederal 8egislative 8ist and, in so far as it is in relation to the affairs of the &ederation, the matter in entry 7> .electricity0 in the (oncurrent 8egislative 8ist, and shall exercise supervision and control over related institutions93 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

generally or in a particular matter to take action as $a"lis*e* hoora .Parliament0A may deem "ust and proper and such directions shall be binding on the (ouncil.E0 #f the &ederal Dovernment or a Provincial Dovernment is dissatisfied with a decision of the council, it may refer the matter to $a"lis*e* hoora .Parliament0 in a "oint sitting whose decision in this behalf shall be final1//. C#%plain ! a! # in e")e"ence -i h -a e" !upplie! - ./0 #f the interests of a Province, the &ederal (apital or the &ederally Administered 3ribal Areas, or any of the inhabitants thereof, in water from any natural source of supply G>@or reservoirA have been or are likely to be affected pre"udicially by* .a0 .b0 any executive act or legislation taken or passed or proposed to be taken or passed, or 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 &ederal Dovernment or the Provincial Dovernment concerned may make a complaint in writing to the (ouncil.20 Upon receiving such complaint, the (ouncil shall, after having considered the matter, either give its decision or re!uest 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 (ommission.70 Until $a"lis*e* hoora .Parliament0 makes provision by law in this behalf, the provisions of the Pakistan (ommissions of #n!uiry Act, /G?B, as in force immediately before the commencing day shall apply to the (ouncil or the (ommission as if the (ouncil or the (ommission were a commission appointed under that Act to which all the provisions of section ? thereof applied and upon which the power contemplated by section /=A thereof had been conferred.>0 After considering the report and supplementary report, if any, of the (ommission, the (ouncil shall record its decision on all matters referred to the (ommission.?0 'otwithstanding any law to the contrary, but sub"ect to the provisions of clause .?0 of Article /?>, it shall be the duty of the &ederal Dovernment and the Provincial Dovernment concerned in the matter in issue to give effect to the decision of the (ouncil faithfully according to its terms and tenor.B0 'o proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the (ouncil- 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 sub"ect of complaint to the (ouncil under this Article-

A1/1 Na i#nal Ec#n#%ic C#uncil- ./0 3he President shall constitute a 'ational <conomic (ouncil which shall consist of K
5/

.a0 .b0

the Prime $inister, who shall be the (hairman of the (ouncil; the (hief $inisters and one member from each Province to be nominated by the (hief $inister; and

94 95

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article /?B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=1/1. Na i#nal Ec#n#%ic C#uncilH ./0 3he President shall constitute a 'ational <conomic (ouncil consisting of the Prime $inister, who shall be its (hairman- and such other members as the President may determine4 Provided that the President shall nominate one member from each Province on the recommendation of the Dovernment of that Province.20 3he 'ational <conomic (ouncil shall review the overall economic condition of the country and shall, for advising the &ederal Dovernment and the Provincial Dovernments, 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 (hapter 2 of Part ##-

.c0

four other members as the Prime $inister may nominate from time to time-

.20 3he 'ational <conomic (ouncil shall review the overall economic condition of the country and shall, for advising the &ederal Dovernment and the Provincial Dovernments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans it shall, amongst other factors, ensure balanced development and regional e!uity and shall also be guided by the Principles of Policy set out in (hapter 2 of Part*##.70 3he meetings of the (ouncil shall be summoned by the (hairman or on a re!uisition made by one*half of the members of the (ouncil.>0 3he (ouncil shall meet at least twice in a year and the !uorum for a meeting of the (ouncil shall be one*half of its total membership.?0 3he (ouncil shall be responsible to the $a"lis*e* hoora .Parliament0 and shall submit an Annual 1eport to each House of $a"lis*e* hoora .Parliament01/2. Elec "ici 0- ./0 3he &ederal Dovernment 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 lines4

@Provided that the &ederal Dovernment, prior to taking a decision to construct or cause to be constructed, hydro*electric power stations in any Province, shall consult the Provincial Dovernment concerned-; andA
.20 .a0 3he Dovernment of a Province may* to the extent electricity is supplied to that Province from the national grid, re!uire supply to be made in bulk for transmission and distribution within the Province4 levy tax on consumption of electricity within the Province; construct power houses and grid stations and lay transmission lines for use within the Province; and determine the tariff for distribution of electricity within the Province-

GB

.b0 .c0 .d0

GE

@.70 #n case of any dispute between the &ederal Dovernment and a Provincial Dovernment in respect of any matter under this Article, any of the said Dovernments may move the (ouncil of (ommon #nterests for resolution of the dispute-A
1/4. P"i#"i 0 #) "e7ui"e%en ! #) na u"al &a! - 3he Province in which a well* head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the re!uirements from the well*head, sub"ect to the commitments and obligations as on the commencing day1/5. B"#adca! in& and eleca! in& - ./0 3he &ederal Dovernment shall not un reasonably refuse to entrust to a Provincial Dovernment such functions with respect to broadcasting and telecasting as may be necessary to enable that Dovernment* .a0 .b0 to construct and use transmitters in the Province; and to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province4 Provided that nothing in this clause shall be construed as re!uiring the &ederal Dovernment to entrust to any Provincial Dovernment any
96 97

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

control over the use of transmitters constructed or maintained by the &ederal Dovernment or by persons authorised by the &ederal Dovernment, or over the use of receiving apparatus by person so authorised.20 Any functions so entrusted to a Provincial Dovernment shall be exercised sub"ect to such conditions as may be imposed by the &ederal Dovernment, including, notwithstanding anything contained in the (onstitution, any conditions with respect to finance, but it shall not be lawful for the &ederal Dovernment so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Dovernment.70 Any &ederal 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.>0 #f any !uestion arises whether any conditions imposed on any Provincial Dovernment are lawfully imposed, or whether any refusal by the &ederal Dovernment to entrust functions is unreasonable, the !uestion shall be determined by an arbitrator appointed by the (hief +ustice of Pakistan.?0 'othing in this article shall be construed as restricting the powers of the &ederal Dovernment under the (onstitution for the prevention of any grave menace to the peace or tran!uility of Pakistan or any part thereof*************** Pa" ?I Finance. P"#pe" 0. C#n "ac ! and Sui ! CHAPTER 1.9 FINANCE 3i! "ibu i#n #) Re(enue! be -een he Fede"a i#n and he P"#(ince!. 116- Na i#nal Finance C#%%i!!i#n - ./0 Within six months of the commencing day and thereafter at intervals not exceeding five years, the President shall constitute a 'ational &inance (ommission consisting of the $inister of &inance of the &ederal Dovernment, the $inisters of &inance of the Provincial Dovernments, and such other persons as may be appointed by the President after consultation with the Dovernors of the Provinces.20 #t shall be the duty of the 'ational &inance (ommission to make recommendations to the President as to* .a0 .b0 .c0 the distribution between the-&ederation and the Provinces of the net proceeds of the taxes mentioned in clause .70; the making of grants*in*aid by the &ederal Dovernment to the Provincial Dovernments; the exercise by the &ederal Dovernment and the Provincial Dovernments of the borrowing powers conferred by the (onstitution; and any other matter relating to finance referred to the (ommission by the President-

.d0

.70 3he taxes refer red to in paragraph .a0 of clause .20 are the following taxes raised under the authority of $a"lis*e* hoora .Parliament0, namely4* .i0 taxes on income, including corporation tax, but not including taxes on income consisting of remuneration paid out of the &ederal (onsolidated &und; taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed; export duties on cotton, and such other export duties as may be specified by the President;

.ii0 .iii0

.iv0 .v0 .vi0

GF

export duties on cotton, and such other export duties as may be specified by the President; such duties of exercise as may be specified by the President; and such other taxes as may be specified by the President-

@.7A0 3he share of the Provinces in each Award of 'ational &inance (ommission shall not be less than the share given to the Provinces in the previous Award.750 3he &ederal &inance $inister and Provincial &inance $inisters shall monitor the implementation of the Award biannually and lay their reports before both Houses of $a"lis*e* hoora .Parliament0 and the Provincial Assemblies-A
.>0 As soon as may be after receiving the recommendation, of the 'ational &inance (ommission, the President shall, by 9rder, specify, in accordance with the recommendations of the (ommission under paragraph .a0 of clause .20, the share of the net proceeds of the taxes mentioned in clause .70 which is to be allocated to each Province, and that share shall be paid to the Dovernment of the Province concerned, and, notwithstanding the provision of Article EF shall not form part of the &ederal (onsolidated &und.?0 3he recommendations of the 'ational &inance (ommission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies.B0 At any time before an 9rder under clause .>0 is made, the President may, by 9rder, make such amendments or modifications in the law relating to the distribution of revenues between the &ederal Dovernment and the Provincial Dovernments as he may deem necessary or expedient.E0 3he President may, by 9rder, make grants*in*aid of the revenues of the Provinces in need of assistance and such grants shall be charged upon the &ederal (onsolidated &und111-

provisions of Article EF,* .a0

Na u"al &a! and h0d"#9elec "ic p#-e" -

GG

@./0 'otwithstanding the

the net proceeds of the &ederal duty of excise on natural gas levied at well*head and collected by the &ederal Dovernment and of the royalty collected by the &ederal Dovernment, shall not form part of the &ederal (onsolidated &und and shall be paid to the Province in which the well*head of natural gas is situated; the net proceeds of the &ederal duty of excise on oil levied at well*head and collected by the &ederal Dovernment, shall not form part of the &ederal (onsolidated &und and shall be paid to the Province in which the well*head of oil is situated-A

.b0

.20 3he net profits earned by the &ederal Dovernment, or any undertaking established or administered by the &ederal Dovernment from the bulk generation of power at a hydro*electric station shall be paid to the Province in which the hydro*electric station is situatedE+plana i#n9 &or the purposes of this clause Cnet profitsC 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 (ouncil of (ommon #nterests, the operating expenses of the station, which shall
98 99

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article /B/./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 'otwithstanding the provisions of Article EF the net proceeds of the &ederal duty of excise on natural gas levied at well*head and collected by the &ederal Dovernment, and of the royalty collected by the &ederal Dovernment, shall not form part of the &ederal (onsolidated &und and shall be paid to the Province in which the well*head of natural gas is situated-

include any sums payable as taxes, duties, interest or return on investment, and depreciations and element of obsolescence, and over*heads, and provision for reserves11$. P"i#" !anc i#n #) P"e!iden # Bill! a))ec in& a+a i#n in -hich P"#(ince! a"e in e"e! ed- 'o 5ill 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 Cagricultural incomeC 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 (hapter moneys are or may be distributable to Provinces, shall be introduced or moved in the 'ational Assembly except with the previous sanction of the President11*. P"#(incial a+e! in "e!pec #) p"#)e!!i#n!. e c - A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of $a"lis*e* hoora .Parliament0A, on persons engaged in professions, trades, callings or employments, and no such Act of the Assembly shall be regarded as imposing a tax on incomeMISCELLANEOUS FINANCIAL PRO?ISIONS 11,. :"an ! #u #) C#n!#lida ed Fund - 3he &ederation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which $a"lis*e* hoora .Parliament0A or, as the case may be, a Provincial Assembly may make laws11/. E+e%p i#n #) ce" ain public p"#pe" 0 )"#% a+a i#n - ./0 3he &ederal Dovernment shall not, in respect of its property or income, be liable to taxation under any Act of Provincial Assembly and, sub"ect to clause .20, a Provincial Dovernment shall not, in respect of its property or income, be liable to taxation under Act of $a"lis*e* hoora .Parliament0 or under Act of the Provincial Assembly of any other Province.20 #f a trade or business of any kind is carried on by or on behalf of the Dovernment of a Province outside that Province, that Dovernment 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 $a"lis*e* hoora .Parliament0 or under Act of the Provincial Assembly of the Province in which that trade or business is carried on.70 rendered'othing in this Article shall prevent the imposition of fees for services

11/A. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en > # i%p#!e a+ #n he inc#%e #) ce" ain c#"p#"a i#n!. e c- ./0 &or the removal of doubt, it is hereby declared that $a"lis*e* hoora .Parliament0 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 &ederal 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 &ederal Dovernment or a Provincial Dovernment, regardless of the ultimate destination of such income.20 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 (onstitution .Amendment0 9rder /GF?, in exercise of the powers derived from any law referred to in clause ./0, or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any "udgment of any court or tribunal, including the upreme (ourt and a High (ourt, be deemed to be and always to have been validly made, taken or done and*shall not be called in !uestion in any court, including the upreme (ourt and a High (ourt, on any ground whatsoever-

.70 <very "udgment or order of any court or tribunal, including the upreme (ourt and a High (ourt, which is repugnant to the provisions of clause ./0 or clause .20 shall be, and shall be deemed always to have been, void and of no effect whatsoeverCHPTER $.9 BORROJIN: AN3 AU3IT 111. B#""#-in& b0 Fede"al :#(e"n%en - 3he executive authority of the &ederation extends to borrowing upon the security of the &ederal (onsolidated &un d within such limits, if any, as may from time to time be fixed by Act of $a"lis* e* hoora .Parliament0, and to the giving of guarantees within such limits, if any, as may be so fixed112. B#""#-in& b0 P"#(incial :#(e"n%en - ./0 ub"ect to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial (onsolidated &und 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.20 3he &ederal Dovernment may, sub"ect to such conditions, if any, as it may think fit to impose, make loans to, or so long as any limits fixed under Article /BB are not exceeded give guarantees in respect of loans raised by, any Province, and any sums re!uired for the purpose of making loans to a Province shall be charged upon the &ederal (onsolidated &und.70 A Province may not, without the consent of the &ederal Dovernment, raise any loan if there is still outstanding any part of a loan made to the Province by the &ederal Dovernment, or in respect of which guarantee has been given by the &ederal Dovernment; and consent under this clause may be granted sub"ect to such conditions, if any, as the &ederal Dovernment may think fit to impose-

@.>0 A Province may raise domestic or international loan, or give guarantees on the security of the Provincial (onsolidated &und within such limits and sub"ect to such conditions as may be specified by the 'ational <conomic (ouncil-A
Audi and Acc#un ! 114. Audi #"9:ene"al #) Pa<i! an- ./0 3here shall be an Auditor*Deneral of Pakistan, who shall be appointed by the President.20 5efore entering upon office, the Auditor*Deneral shall make before the (hief +ustice of Pakistan oath in the form set out in the 3hird chedule-

/==

@.70 3he Auditor*Deneral shall, unless he sooner resigns or is removed from office in accordance with clause .?0, 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-;.7A0 3he other terms and conditions of service of the Auditor*Deneral shall
be determined by Act of $a"lis*e* hoora .Parliament0; and, until so determined, by 9rder of the President; andA .>0 A person who has held office as Auditor*Deneral 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.?0 3he Auditor*Deneral shall not be removed from office except in the like manner and on the like grounds as a +udge of the upreme (ourt.B0 At any time when the office of the Auditor*Deneral is vacant or the Auditor*Deneral is absent or is unable to perform the functions of his office due to
100 101

/=/

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article /BF.70 substituted I 7A inserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.70 3he terms and conditions of service, including the term of office, of the Auditor*Deneral shall be determined by Act of @$a"lis*e* hoora .Parliament0A and, until so determined, by 9rder of the President-

any cause, /=2@the President may appoint the most senior officer in the 9ffice of the Auditor*Deneral toA act as Auditor*Deneral and perform the functions of that office115. Func i#n! and p#-e"! #) Audi #"9:ene"al - 3he Auditor*Deneral shall, in relation to* .a0 .b0 the accounts of the &ederation and of the Provinces; and the accounts of any authority or body established by the &ederation or a Province, perform such functions and exercise such powers as may be determined by or under Act ofL @$a"lis*e* hoora .Parliament0A and, until so determined, by 9rder of the President-

126. P#-e" #) Audi #"9:ene"al # &i(e di"ec i#n! a! # acc#un ! - ./0 3he accounts of the &ederation and of the Provinces shall be kept in such form and in accordance with such principles and methods as the Auditor*Deneral may, with the approval of the President, prescribe-

@.20 3he audit of the accounts of the &ederal and of the Provincial Dovernments and the accounts of any authority or body established by, or under the control of, the &ederal or a Provincial Dovernment shall be conducted by the Auditor*Deneral, who shall determine the extent and nature of such audit-A
121. Rep#" ! #) Audi #"9:ene"al- 3he reports of the Auditor*Deneral relating to the accounts of the &ederation shall be submitted to the President, who shall cause them to be laid before /=>@both Houses of $a"lis*e* hoora .Parliament0A and the reports of the Auditor*Deneral relating to the accounts of a Province shall be submitted to the Dovernor of the Province, who shall cause them to be laid before the Provincial AssemblyCHAPTER *.9 PROPERTI. CONTRACTS. LIABILITIES AN3 SUITS. 12$. O-ne"le!! p"#pe" 0- ./0 Any property which has no rightful owner shall, if located in a Province, vest in the Dovernment of that Province, and in every other case, in the &ederal Dovernment.20 All lands, minerals and other things of value within the continental shelf or underlying the ocean /=?@beyondA the territorial waters of Pakistan shall vest in the &ederal Dovernment-

/=7

@.70 ub"ect to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters ad"acent thereto shall vest "ointly and e!ually in that Province and the &ederal Dovernment-A
12*. P#-e" # ac7ui"e p"#pe" 0 and # %a<e c#n "ac !. e c - ./0 3he executive authority of the &ederation and of a Province shall extend, sub"ect to any Act of the appropriate 8egislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or ac!uisition of property on behalf of, the &ederal Dovernment or, as the case may be, the Provincial Dovernment, and to the making of contracts.20 All property ac!uired for the purposes of the &ederation or of a Province shall vest in the &ederal Dovernment or, as the case may be, in the Provincial Dovernment.70 All contracts made in the exercise of the executive authority of the &ederation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Dovernor of the Province, and all such contracts and all assurances of property made in the exercise of that authority
102

/=B

Words :such other person and the President may direct shall; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=103 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=104 Word :the 'ational Assembly; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=105 Word :within; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=106 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

shall be executed on behalf of the President or Dovernor by such persons and in such manner as he may direct or authori)e.>0 'either the President, nor the Dovernor 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 &ederation 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.?0 3ransfer of land by the &ederal Dovernment or a Provincial Dovernment shall be regulated by law12,. Sui ! and p"#ceedin&!- 3he &ederation 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 ?II THE DU3ICATURE CHAPTER 1.9 THE COURTS 12/. E! abli!h%en and Du"i!dic i#n #) C#u" !- ./0 3here shall be a upreme (ourt of Pakistan, a High (ourt for each Province /=E@and a High (ourt for the #slamabad (apital 3erritory,A and such other courts as may be established by law@E+plana i#nH99 Unless the context otherwise, the words :High (ourt; wherever occurring in the constitution shall include :#slamabad High (outA .20 'o court shall have any "urisdiction save as is or may be conferred on it by the (onstitution or by or under any law.70 3he +udiciary shall be separated progressively from the <xecutive within fourteen years from the commencing day165
/=F

A12/A. App#in %en #) Dud&e! # he Sup"e%e C#u" . Hi&h C#u" ! and he Fede"al Sha"ia C#u" - ./0 3here shall be a +udicial (ommission of Pakistan, hereinafter in this Article referred to as the (ommission, for appointment of +udges of the upreme (ourt, High (ourts and the &ederal hariat (ourt, as hereinafter provided.20 &or appointment of +udges of the (ommission shall consist ofN .i0 .ii0 .iii0 (hief +ustice of Pakistan;
//=

upreme (ourt, the (hairman $ember

@fourA most senior +udges of the upreme (ourt;$embers

a former (hief +ustice or a former +udge of

the upreme (ourt of Pakistan to be nominated by the (hief +ustice of Pakistan, in consultation with the ///@fourA member +udges, for a term of two years; .iv0 .v0 .vi0 &ederal $inister for 8aw and +ustice; Attorney*Deneral for Pakistan; and a enior Advocate of the upreme (ourt of Pakistan nominated by the Pakistan 5ar (ouncil for a term of two years$ember $ember $ember

107 108

Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 109 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=110 ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 111 ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

.70 'otwithstanding anything contained in clause ./0 or clause .20, the President shall appoint the most senior +udge of the upreme (ourt as the (hief +ustice of Pakistan.>0 3he (ommission may make rules regulating its procedure.?0 &or appointment of +udges of a High (ourt, the (ommission in clause .20 shall also include the following, namely4* .i0 .ii0 .iii0 .iv0 (hief +ustice of the High (ourt to which the $ember appointment is being made; the most senior +udge of that High (ourt; Provincial $inister for 8aw; and
//2

$ember $ember

@an advocate having not less

$ember

than fifteen years practice in the High (ourt to be nominated by the concerned 5ar (ouncil for a term of two years; Provided that for appointment of the (hief +ustice of a High (ourt the most enior +udge mentioned in paragraph .ii0 shall not be member of the (ommission4 Provided further that if for any reason the (hief +ustice of a High (ourt is not available, he shall substituted by a former (hief +ustice or former +udge of the (ourt, to be nominated by the (hief +ustice of Pakistan in consultation with the four member +udges of the (ommission mentioned in paragraph .ii0 of clause .20-A .B0 &or appointment of +udges of the #slamabad High (ourt, the (ommission in clause .20 shall also include the following, namely4* .i0 .ii0 (hief +ustice of the #slamabad High (ourt; and the most senior +udge of that High (ourt; $ember $ember

Provided that for initial appointment of the //7@(hief +ustice and theA +udges of the #slamabad High (ourt, the (hief +ustices of the four Provincial High (ourts shall also be members of the (ommission4 Provided further that sub"ect to the foregoing proviso, in case of appointment of (hief +ustice of #slamabad High (ourt, the provisos to clause .?0 shall, mutatis mutan!is, apply.E0 &or appointment of +udges of the &ederal hariat (ourt, the (ommission in clause .20 shall also include the (hief +ustice of the &ederal hariat (ourt and the most senior +udge of that (ourt as its members4 Provided that for appointment of (hief +ustice of &ederal hariat (ourt, the provisos to clause .?0 shall, mutatis mutan!is, apply.F0 3he (ommission by ma"ority of its total membership shall nominate to the Parliamentary (ommittee one person, for each vacancy of a +udge in the upreme (ourt, a High (ourt or the &ederal hariat (ourt, as the case may be; .G0 3he Parliamentary (ommittee, hereinafter in this Article referred to as the (ommittee, shall consist of the following eight members, namely4* .i0 four members from the enate; and

112

ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// #nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

113

.ii0

four members from the 'ational Assembly//>@4

Provided that when the 'ational Assembly is dissolved, the total membership of the Parliamentary (ommittee shall consist of the members from the enate only mentioned in paragraph .i0 and the provisions of this Article shall, mutatis mutan!is, reply-A ./=0 9ut of the eight members of the (ommittee, four shall be from the 3reasury 5enches, two from each House and four from the 9pposition 5enches, two from each House- 3he nomination of members from the 3reasury 5enches shall be made by the 8eader of the House and from the 9pposition 5enches by the 8eader of the 9pposition.//0 ecretary, enate shall act as the ecretary of the (ommittee./20 3he (ommittee on receipt of a nomination from the (ommission may confirm the nominee by ma"ority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed4 @Provided that the (ommittee, for reasons to be recorded may not be confirm the nomination by three*fourth ma"ority of its total membership within the said period, and,A @Provided further that if a nomination is not confirmed by the (ommittee it shall forward its decision with reasons so recorded to the (ommission through the Prime $inister4 Provided further that if a nomination is not confirmed, the (ommission shall send another nomination-A ./70 //E@3he (ommittee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime $inister who shall forward the same to the President for appointmentA ./>0 'o action or decision taken by the (ommission or a (ommittee shall be invalid or called in !uestion only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof@./?0 3he meetings of the (ommittee shall be held in camera and the record of its proceedings shall be maintained./B0 3he provisions of Article BF shall not apply to the proceedings of the (ommittee-A ./E0 3he (ommittee may make rules for regulating its procedure-A
CHAPTER $.9 THE SUPREME COURT OF PAKISTAN 121. C#n! i u i#n #) Sup"e%e C#u" - 3he upreme (ourt shall consist of a (hief +ustice to be known as the (hief +ustice of Pakistan and so many other +udges as may be determined by Act of $a"lis*e* hoora.Parliament0 or, until so determined, as may be fixed by the President122.
//F //B //?

Pakistan and each of the other +udges of the upreme (ourt shall be appointed by the President in accordance with Article /E?A-A
114

App#in %en #) Sup"e%e C#u" Dud&e!- //G@./0 3he (hief +ustice of

#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

115 116

ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 117 ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 118 #nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 119 3he following Article /EE./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 3he (hief +ustice of Pakistan shall be appointed by the President, and each of the other +udges shall be appointed by the President after consultation with the (hief +ustice-

.20 A person shall not be appointed a +udge of the unless he is a citi)en of Pakistan and* .a0

upreme (ourt

has for a period of, or for periods aggregating, not less than five years been a "udge of a High (ourt .including a High (ourt which existed in Pakistan at any time before the commencing day0; or has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High (ourt .including a High (ourt which existed in Pakistan at any time before the commencing day0-

.b0

124. Oa h #) O))ice.9 5efore entering upon office, the (hief +ustice of Pakistan shall make before the President, and any other +udge of the upreme (ourt shall make before the (hief +ustice, oath in the form set out in the 3hird chedule125. Re i"in& A&e- A "udge of the upreme (ourt 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 (onstitution146. Ac in& Chie) Du! ice- At any time when* .a0 .b0 the office of (hief +ustice of Pakistan is vacant; or the (hief +ustice of Pakistan is absent or is unable to perform the functions of his office due to any other cause,

the President shall appoint the most senior of the other +udges of the upreme (ourt to act as (hief +ustice of Pakistan141. Ac in& Dud&e!- ./0 At any time when* .a0 .b0 the office of a +udge of the upreme (ourt is vacant; or a +udge of the upreme (ourt 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 ./0 of Article /EE, appoint a +udge of a High (ourt who is !ualified for appointment as a +udge of the upreme (ourt to act temporarily as a +udge of the upreme (ourt-

E+plana i#n.9#n this clause, L+udge of a High (ourtL includes a person who has retired as a +udge of a High (ourt.20 An appointment under this Article shall continue in force until it is revoked by the President14$. App#in %en #) ad h#c Dud&e!- #f at any time it is not possible for want of !uorum of +udges of the upreme (ourt to hold or continue any sitting of the (ourt, or for any other reason it is necessary to increase temporarily the number of +udges of the upreme (ourt, the (hief +ustice of Pakistan /2=@, in consultation with the +udicial (ommission as provided in clause .20 of Article /E? A,A may, in writing,* .a0 with the approval of the President, re!uest any person who has held the office of a +udge of that (ourt and since whose ceasing to hold that office three years have not elapsed; or with the approval of the President and with the consent of the (hief "ustice of a High (ourt, re!uire a +udge of that (ourt !ualified for appointment as a "udge of the upreme (ourt,

.b0

to attend sittings of the upreme (ourt as an ad hoc +udge for such period as may be necessary and while so attending an ad hoc +udge shall have the same power and "urisdiction as a +udge of the upreme (ourt14*. Sea #) he Sup"e%e C#u" - ./0 3he permanent seat of the (ourt shall, sub"ect to clause .70, be at #slamabadupreme

120

#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

.20 3he upreme (ourt may from time to time to time sit in such other places as the (hief +ustice of Pakistan, with the approval of the President, may appoint.70 Until provision is made for establishing the upreme (ourt at #slamabad, the seat of the (ourt shall be at such place as the President may appoint14,. O"i&inal Du"i!dic i#n #) Sup"e%e C#u" - ./0 3he upreme (ourt shall, to the exclusion of every other court, have original "urisdiction in any dispute between any two or more DovernmentsE+plana i#n.9 #n this clause, CDovernmentsC Dovernment and the Provincial Dovernmentsmeans the &ederal

.20 #n the exercise of the "urisdiction conferred on it by clause ./0, the upreme (ourt shall pronounce declaratory "udgments only.70 Without pre"udice to the provisions of Article /GG, the upreme (ourt shall, if it considers that a !uestion of public importance with reference to the enforcement of any of the &undamental 1ights conferred by (hapter # of Part ## is involved have the power to make an order of the nature mentioned in the said Article14/. Appella e Du"i!dic i#n #) Sup"e%e C#u" - ./0 ub"ect to this Article, the upreme (ourt shall have "urisdiction to hear and determine appeals from "udgments, decrees, final orders or sentences of a High (ourt.20 An appeal shall lie to the upreme (ourt from any "udgment, decree, final order or sentence* .a0 if the High (ourt has on appeal reversed an order of ac!uittal 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 if the High (ourt 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 if the High (ourt has imposed any punishment on any person for contempt of the High (ourt; or if the amount or value of the sub"ect matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of $a"lis*e* hoora.Parliament0 and the "udgment, decree or final order appealed from has varied or set aside the "udgment, decree or final order of the court immediately below; or if the "udgment, decree or final order involves directly or indirectly some claim or !uestion respecting property of the like amount or value and the "udgment, decree or final order appealed from has varied or set aside the "udgment, decree or final order of the court immediately below; or if the High (ourt certifies that the case involves a substantial !uestion of law as to the interpretation of the (onstitution-

.b0

.c0 .d0

.e0

.f0

.70 An appeal to the upreme (ourt from a "udgment, decree, order or sentence of a High (ourt in a case to which clause .20 does not apply shall lie only if the upreme (ourt grants leave to appeal141. Ad(i!#"0 Du"i!dic i#n- ./0 #f, at any time, the President considers that it is desirable to obtain the opinion of the upreme (ourt on any !uestion of law which he considers of public importance, he may refer the !uestion to the upreme (ourt for consideration-

.20 3he upreme (ourt shall consider a !uestion so referred and report its opinion on the !uestion to the President141A. P#-e" #) Sup"e%e C#u" # T"an!)e" Ca!e! - ./0 3he upreme (ourt may, if it considers it expedient to do so in the interest of "ustice, transfer any case, appeal or other proceedings pending before any High (ourt to any other High (ourt or withdraw any ease, appeal or other proceeding pending before a High (ourt to it and dispose of the same142- I!!ue and E+ecu i#n #) P"#ce!!e! #) Sup"e%e C#u" - ./0 ub"ect to clause .20 of Article /E?, theA upreme (ourt shall have power to issue such directions, orders or decrees as may be necessary for doing complete "ustice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.20 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 "urisdiction of the High (ourt of the Province, be executed as if it had been issued by the High (ourt of that Province.70 #f a !uestion arises as to which High (ourt shall give effect to a direction, order or decree of the upreme (ourt, the decision of the upreme (ourt on the !uestion shall be final144. Re(ie- #) Dud&%en ! #" O"de"! b0 he Sup"e%e C#u" - 3he upreme (ourt shall have power, sub"ect to the provisions of any Act of $a"lis*e* hoora .Parliament0 and of any rules made by the upreme (ourt, to review any "udgment pronounced or any order made by it145. 3eci!i#n! #) Sup"e%e C#u" bindin& #n # he" C#u" ! - Any decision of the upreme (ourt shall, to the extent that it decides a !uestion of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan156. Ac i#n in aid #) Sup"e%e C#u" - All executive and "udicial authorities through out Pakistan shall act in aid of the upreme (ourt151. Rule! #) P"#cedu"e- ub"ect to the (onstitution and law, the upreme (ourt may make rules regulating the practice and procedure of the (ourtCHAPTER *.9 THE HI:H COURTS 15$. C#n! i u i#n #) Hi&h C#u" - ./0 A High (ourt shall consist of a (hief +ustice and so many other +udges as may be determined by law or, until so determined, as may be fixed by the President.20 3he indh and 5alochistan High (ourt shall cease to function as a common High (ourt for the Provinces of 5alochistan and indh.70 3he President shall, by 9rder, establish a High (ourt for each of the Provinces of 5alochistan and indh and may make such provision in the 9rder for the principal seats of the two High (ourts, transfer of the +udges of the common High (ourt, transfer of cases pending in the common High (ourt immediately before the establishment of two High (ourts and, generally, for matters conse!uential or ancillary to the common High (ourt ceasing to function and the establishment of the two High (ourts as he may deem fit.>0 3he "urisdiction of a High (ourt may, by Act of $a"lis*e* hoora .Parliament0, be extended to any area in Pakistan not forming part of a Province-

15*.

of other +udges of a High (ourt shall be appointed by the President in accordance with Article /E?A-A
.20 A person shall not be appointed a +udge of a High (ourt unless he is a citi)en of Pakistan, is not less than /22@forty*fiveA years of age, and* .a0 he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High (ourt .including a High (ourt which existed in Pakistan at any time before the commencing day0; or 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 ,istrict +udge in Pakistan; or he has, for a period of not less than ten years, held a "udicial office in Pakistan-

App#in %en #) Hi&h C#u" Dud&e! - /2/@./0 3he (hief +ustice and each

.b0

.c0

E+plana i#n.9 #n computing the period during which a person has been an advocate of a High (ourt or held "udicial office, there shall be included any period during which he has held "udicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held "udicial office.70 #n this Article, C,istrict +udgeC means +udge of a principal civil court of original "urisdiction15,. Oa h #) O))ice- 5efore entering upon office, the (hief +ustice of a High (ourt shall make before the Dovernor, and any other +udge of the (ourt shall make before the (hief +ustice, oath in the form set out in the 3hird chedule4

@Provided that the (hief +ustice of the #slamabad High (ourt shall make oath before the President and other +udges of that (ourt shall make oath before the (hief +ustice of the #slamabad High (ourt-A
15/. Re i"in& A&e- A "udge of the High (ourt 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 (onstitution151. Ac in& Chie) Du! ice- At any time when* .a0 .b0 the office of (hief +ustice of a High (ourt is vacant, or the (hief +ustice of a High (ourt 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 +udges of the High (ourt, or may re!uest one of the +udges of the upreme (ourt, to act as (hief +usticethe office of a +udge of a High (ourt is vacant; or a +udge of a High (ourt is absent or is unable to perform the functions of his office due to any other cause; or for any reason it is necessary to increase the number of +udges of a High (ourt, the President may, in the manner provided in clause ./0

/27

152.

Addi i#nal Dud&e!- At any time when* .a0 .b0 .c0

121

3he following Article /G7./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 A +udge of a High (ourt shall be appointed by the President after consultation* .a0 with the (hief +ustice of Pakistan; .b0 with the Dovernor concerned; and except where the appointment is that of (hief +ustice, with the (hief +ustice of the High (ourt4 Provided that in case of appointment of a "udge of the High (ourt for the #slamabad (apital 3erritory, consultation with the Dovernor shall not be re!uired122 Word :forty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=123 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

of Article /G7, appoint a person !ualified for appointment as a +udge of the High (ourt to be Additional +udge of the (ourt for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law154. Sea #) he Hi&h C#u" - ./0 <ach High (ourt 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@./A0 3he High (ourt for #slamabad (apital 3erritory shall have its principal seat at #slamabadA .20 <ach High (ourt and the +udges and divisional courts thereof shall sit at its principal seat and the seats of its 5enches and may hold, at any place within its territorial "urisdiction, circuit courts consisting of such of the +udges as may be nominated by the (hief +ustice.70 3he 8ahore High (ourt shall have a 5ench each at 5ahawalpur, $ultan and 1awalpindi; the High (ourt of indh shall have a 5ench at ukkur; the Peshawar High (ourt shall have a 5ench each at Abbottabad /2?@, $ingoraA and ,era #smail 6han and the High (ourt of 5alochistan shall have a 5ench at ibi /2B @and 3urbatA.>0 <ach of the High (ourts may have 5enches at such other places as the Dovernor may determine on the advice of the (abinet and in consultation with the (hief +ustice of the High (ourt.?0 A 5ench referred in clause .70, or established under clause .>0, shall consist of such of the +udges of the High (ourt as may be nominated by the (hief +ustice from time to time for a period of not less than one year.B0 3he Dovernor in consultation with the (hief +ustice of the High (ourt shall make rules to provide the following matters, that is to say,* .a0 .b0 assigning the area in relation to which each 5ench shall exercise "urisdiction vested in the High (ourt; and for all incidental, supplemental or conse!uential matters/2>

155. Du"i!dic i#n #) Hi&h C#u" - ./0 ub"ect to the (onstitution, a High (ourt may, if it is satisfied that no other ade!uate remedy is provided by law,* .a0 on the application of any aggrieved party, make an order* .i0 directing a person performing, within the territorial "urisdiction of the (ourt, functions in connection with the affairs of the &ederation, 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 re!uired by law to do; or declaring that any act done or proceeding taken within the territorial "urisdiction of the (ourt by a person performing functions in connection with the affairs of the &ederation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or directing that a person in custody within the territorial "urisdiction of the (ourt be brought before it so that the (ourt may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or re!uiring a person within the territorial "urisdiction of the (ourt holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or

.ii0

.b0

on the application of any person, make an order* .i0

.ii0

124 125

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=126 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.c0

on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Dovernment exercising any power or performing any function in, or in relation to, any territory within the "urisdiction of that (ourt as may be appropriate for the enforcement of any of the &undamental 1ights conferred by (hapter / of Part ##-

.20 ub"ect to the (onstitution, the right to move a High (ourt for the enforcement of any of the &undamental 1ights conferred by (hapter / of Part ## shall not be abridged.70 An order shall not be made under clause ./0 on application made by or in relation to a person who is a member of the Armed &orces of Pakistan, or who is for the time being sub"ect to any law relating to any of those &orces, 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 &orces of Pakistan or as a person sub"ect to such law.>0 .a0 .b0 Where* an application is made to a High (ourt for an order under paragraph .a0 or paragraph .c0 of clause ./0, and the making of an interim order would have the effect of pre"udicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or tate property or of impeding the assessment or collection of public revenues, the (ourt 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 (ourt, for reasons to be recorded in writing, is satisfied that the interim order* .i0 .ii0
/2E

would not have such effect as aforesaid; or would have the effect of suspending an order or proceeding which on the face of the record is without "urisdiction-

@.>A0 An interim order made by a High (ourt on an application made to it to !uestion 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 # of the &irst chedule or relates to, or is connected with, tate 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 made4 Provided that the matter shall be finally decided by the High (ourt within six months from the date on which the interim order is made-A
.?0 #n this Article, unless the context otherwise re!uires,* CpersonC includes any body politic or corporate, any authority of or under the control of the &ederal Dovernment or of a Provincial Dovernment, and any (ourt or tribunal, other than the upreme (ourt, a High (ourt or a (ourt or tribunal established under a law relating to the Armed &orces of Pakistan; and Cprescribed law officerC means
127

3he following Article /GG.>A0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=@.>A0 An interim order made by a High (ourt on an application made to it to !uestion 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 # of the &irst chedule or relates to, or is connected with, tate Property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made, provided that the matter shall be finally decided by the High (ourt within six months from the date on which the interim order is made-

.a0

in relation to an application affecting the &ederal Dovernment or an authority of or under the control of the &ederal Dovernment, the Attorney*Deneral, and in any other case, the Advocate*Deneral for the Province in which the application is made-

.b0

$66. T"an!)e" #) Hi&h C#u" Dud&e! - ./0 3he President may transfer a +udge of a High (ourt from one High (ourt to another High (ourt, but no +udge shall be so transferred except with his consent and after consultation by the President with the (hief +ustice of Pakistan and the (hief +ustices of both High (ourts4
/2F

@HHHA

E+plana i#n.9 #n this Article, C+udgeC does not include a (hief +ustice but includes a +udge for the time being acting as (hief +ustice of a High (ourt other than a +udge of the upreme (ourt acting as such in pursuance of a re!uest made under paragraph .b0 of Article /GB.20 Where a +udge is so transferred or is appointed to an office other than the principal seat of the High (ourt, he shall, during the period for which he serves as a "udge of the High (ourt 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 9rder, determine.70 #f at any time it is necessary for any reason to increase temporarily the number of +udges of a High (ourt, the (hief +ustice of that (ourt may re!uire a +udge of any other High (ourt to attend sittings of the former High (ourt for such period as may be necessary and, while so attending the sittings of the High (ourt, the +udge shall have the same power and "urisdiction as a +udge of that High (ourt4 Provided that a +udge shall not be so re!uired except with his consent and the approval of the President and after consultation with the (hief +ustice of Pakistan and the (hief +ustice of the High (ourt of which he is a +udgeE+plana i#n.9 #n this Article, CHigh (ourtC includes a 5ench of a High (ourt/2G

.>0 @HHHA

$61. 3eci!i#n #) Hi&h C#u" bindin& #n Sub#"dina e C#u" ! - ub"ect to Article /FG, any decision of a High (ourt shall, to the extent that it decides a !uestion of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it$6$. Rule! #) P"#cedu"e- ub"ect to the (onstitution and law, a High (ourt may make rules regulating the practice and procedure of the (ourt or of any court subordinate to it$6*. Hi&h C#u" # !upe"in end Sub#"dina e C#u" ! - <ach High (ourt shall supervise and control all courts subordinate to itCHAPTER *A.9FE3ERAL SHARIAT COURT $6*A- P"#(i!i#n! #) Chap e" # #(e""ide # he" P"#(i!i#n! #) C#n! i u i#n - 3he provisions or this (hapter shall have effect notwithstanding anything contained in the (onstitution-

128

3he following proviso of Article 2==./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Provided that such consent, or consultation with the (hief +ustices of the High (ourts, shah not be necessary if such transfer is for a period not exceeding two years at a time129 3he following Article 2==.>0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.>0 A +udge of a High (ourt who does not accept transfer to another High (ourt under clause ./0 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 +udge and total service, if any, in the service of Pakistan-

$6*B. 3e)ini i#n!- #n this (hapter, unless there is anything repugnant in the sub"ect or context,* .a0 .b0 .bb0 .c0 C(hief +usticeC means, (hief +ustice of the (ourt; C(ourtC means the &ederal hariat (ourt constituted in pursuance of Article 2=7(; C"udgeC means "udge of the (ourt; ClawC includes any custom or usage having the force of law but does not include the (onstitution, $uslim personal law, any law relating to the procedure of any (ourt or tribunal or, until the expiration of ten years from the commencement of this (hapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and

$6*C. The Fede"al Sha"ia C#u" - ./0 3here shall be constituted for the purposes of this (hapter a court to be called the &ederal hariat (ourt.20 3he (ourt shall consist of not more than eight $uslim +udges, including the (hief +ustice, to be appointed by the President /7=@in accordance with Article /E?A.70 3he (hief +ustice shall be a person who is, or has been, or is !ualified, to be, a +udge of the upreme (ourt or who is or has been a permanent +udge of a High (ourt.7A0 9f the +udges, not more than four shall be persons each one of whom is, or has been, or is !ualified to be, a +udge of a High (ourt and not more than three shall be ulema /7/@having at least fifteen years experience in #slamic law, research or instruction-A .>0 3he (hief +ustice and a +udge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine4 Provided that a +udge of a High (ourt shall not be appointed to be a +udge @HHA except with his consent and except where the +udge is, himself the (hief +ustice, after consultation by the President with the (hief +ustice of the High (ourt/72

.>A0 3he (hief +ustice, if he is not a +udge of the upreme (ourt, and a +udge who is not a +udge of a High (ourt, may, by writing under his hand addressed to the President, resign his office-

@.>50 3he (hief +ustice and a +udge shall not be removed from office except in the like manner and on the like grounds as a +udge of the upreme (ourt-A
.>(0 /7>@HHHA

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130 131

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Word :who are well*versed in #slamic law; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=132 Word :for a period exceeding two years; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=133 3he following Article 2=7(.>50 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.>50 3he President may, at any time, by order in writing, .a0 modify the term of appointment of a +udge; .b0 assign to a +udge any other office; and .c0 re!uire a +udge to perform such other functions as the President may deem fit; and pass such other order as he may consider appropriateE+plana i#nH #n this clause and clause .>(0, C+udgeC includes (hief +ustice134 3he following Article 2=7.(0.>(0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.>(0 While he is performing the functions which he is re!uired under clause .>50 to perform or holding any other office assigned to him under that clause, a +udge shall be entitled to the same salary, allowances and privileges as are admissible to the (hief +ustice or, as the case may be, +udge of the (ourt-

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/7?

@HHHHA

.B0 3he Principal seat of the (ourt shall be at #slamabad, but (ourt may from time to time sit in such other places in Pakistan as the (hief +ustice may, with the approval of the President, appoint.E0 5efore entering upon office, the (hief +ustice and a +udge shall make before the President or a person nominated by him oath in the form set out in the 3hird chedule.F0 At any time when the (hief +ustice or a +udge is absent or is unable to perform the functions of his office, the President shall appoint another person !ualified for the purpose to act as (hief +ustice or, as the case may be, +udge-

@.G0 A (hief +ustice who is not a +udge of the upreme (ourt shall be entitled to the same remuneration, allowances and privileges as are admissible to a +udge of the upreme (ourt and a +udge who is not a +udge of a High (ourt shall be entitled to the same remuneration, allowances and privileges as are admissible to a +udge of a High (ourt4 Provided that where a +udge 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-A
$6*CC @HHHA $6*3. P#-e"!. Du"i!dic i#n and Func i#n! #) he C#u" - ./0 3he (ourt may, either of its own motion or on the petition of a citi)en of Pakistan or the &ederal Dovernment or a Provincial Dovernment, examine and decide the !uestion whether or not any law or provision of law is repugnant to the in"unctions of #slam, as laid down in the Holy %uran and unnah of the Holy Prophet .P5UH0, hereinafter referred to as the #n"unctions of #slam./A0 Where the (ourt takes up the examination of any law or provision of law under clause ./0 and such law or provision of law appears to it to be repugnant to the #n"unctions of #slam, the (ourt shall cause to be given to the &ederal Dovernment in the case of a law with respect to a matter in the &ederal 8egislative 8ist /7E@HHHA, or to the Provincial Dovernment in the case of a law with respect to a matter not enumerated /7F@in the &ederal 8egislative 8istA, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Dovernment ade!uate opportunity to have its point of view placed before the (ourt.20 #f the (ourt decides that any law or provision of law is repugnant to the #n"unctions of #slam, it shall set out in its decision4* .a0 .b0 the reasons for its holding that opinion; and the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect4

/7B

135

3he following Article 2=7.(0.?0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.?0 A +udge of a High (ourt who does not accept appointment as a +udge 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 +udge and total service, if any, in the service of Pakistan136 3he following Article 2=7.>(0.G0 substituted and shall be deemed always to have been so substituted wef 2/*=F*2==2 by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.G0 A @(hief +usticeA who is not a +udge of the upreme (ourt shall be entitled to the same remuneration, allowances and privileges as are admissible to a +udge of the upreme (ourt and a +udge who is not a +udge of a High (ourt shall be entitled to the same remuneration, allowances and privileges as are admissible to a +udge of a High (ourt4 Provided that where a +udge 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 clause137 Word :or the (oncurrent 8egislative 8ist; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=138 Word :in either of those 8ists; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

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 upreme (ourt or, where an appeal has been so preferred, before the disposal of such appeal.70 #f any law or provision of law is held by the (ourt to be repugnant to the #n"unctions of #slam,* .a0 the President in the case of a law with respect to a matter in &ederal 8egislative 8ist or the (oncurrent 8egislative 8ist, or Dovernor in the case of a law with respect to a matter enumerated in either of those 8ists, shall take steps to amend law so as to bring such law or provision into conformity with #n"unctions of #slam; and the the not the the

.b0

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 (ourt takes effect-

$6*33. Re(i!i#n and # he" Du"i!dic i#n #) he C#u" - ./0 3he (ourt 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.20 #n any case the record of which has been called for by the (ourt, the (ourt may pass such order as it may deem fit and may enhance the sentence4 Provided that nothing in this Article shall be deemed to authori)e the (ourt to convert a finding of ac!uittal into one of conviction and no order under this Article shall be made to the pre"udice of the accused unless he has had an opportunity of being heard in his own defence.70 3he (ourt shall have such other "urisdiction as may be conferred on it by or under any law$6*E P#-e"! and P"#cedu"e #) he C#u" - ./0 &or the purposes of the performance of its functions, the (ourt shall have the powers of a civil court trying a suit under the (ode of (ivil Procedure, /G=F .Act P of /G=F0, in respect of the following matters, namely4* .a0 .b0 .c0 .d0 summoning and enforcing the attendance of any person and examining him on oath; re!uiring the discovery and production of any document; receiving evidence on affidavits; and issuing commissions for the examination of witnesses or documents-

.20 3he (ourt shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.70 contempt3he (ourt shall have the power of a High (ourt to punish its own

.>0 A party to any proceedings before the (ourt under clause ./0 of Article 2=7, may be represented by a legal practitioner who is a $uslim and has been enrolled as an advocate of a High (ourt for a period of not less than five years or as an advocate of the upreme (ourt or by a "urisconsult selected by the party from out of a panel of "urisconsults maintained by the (ourt for the purpose.?0 &or being eligible to have his name borne on the panel of "urisconsults referred to in clause .>0, a person shall be an Aalim who, in the opinion of the (ourt, is well*versed in hariat-

.B0 A legal practitioner or "urisconsult representing a party before the (ourt shall not plead for the party but shall state, expound and interpret the #n"unctions of #slam relevant to the proceedings so far as may be known to him and submit to the (ourt a written statement of his interpretation of such #n"unctions of #slam.E0 3he (ourt may invite any person in Pakistan or abroad whom the (ourt considers to be well*versed in #slamic law to appear before it and render such assistance as may be re!uired of him.F0 'o court fee shall be payable in respect of any petition or application made to the (ourt under Article 2=7,.G0 made by it3he (ourt shall have power to review any decision given or order

$6*F Appeal # Sup"e%e C#u" - ./0 Any party to any proceedings before the (ourt under Article 2=7, aggrieved by the final decision of the (ourt in such proceedings may, within sixty days of such decision, prefer an appeal to the upreme (ourt4 Provided that an appeal on behalf of the &ederation or of a Province may be preferred within six months of such decision.20 3he provisions of clauses .20 and .70 of Article 2=7, and clauses .>0 to .F0 of Article 2=7< shall apply to and in relation to the upreme (ourt as if reference in those provisions to (ourt were a reference to the upreme (ourt.2A0 An appeal shall lie to the upreme (ourt from any "udgment, final order or sentence of the &ederal hariat (ourt* .a0 if the &ederal hariat (ourt has on appeal reversed an order of ac!uittal 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 if the &ederal hariat (ourt has imposed any punishment on any person for contempt of the (ourt-

.b0

.250 An appeal to the upreme (ourt from a "udgment, decision, order or sentence of the &ederal hariat (ourt in a case to which the preceding clauses do not apply shall lie only if the upreme (ourt grants leave to appeal.70 &or the purpose of the exercise of the "urisdiction conferred by this Article, there shall be constituted in the upreme (ourt a 5ench to be called the hariat Appellate 5ench and consisting of, .a0 .b0 three $uslim +udges of the upreme (ourt; and not more than two Ulema to be appointed by the President to attend sittings of the 5ench as ad*hoc members thereof from amongst the +udges of the &ederal hariat (ourt or from out of a panel of Ulema to he drawn up by the President in consultation with the (hief +ustice-

.>0 A person appointed under paragraph .b0 of clause .70 shall hold office for such period as the President may determine.?0 1eference in clauses ./0 and .20 to upreme (ourt shall be construed as a reference to the hariat Appellate 5ench.B0 While attending sittings of the hariat Appellate 5ench, a person appointed under paragraph .b0 of clause .70 shall have the same power and "urisdiction, and be entitled to the same privileges, as a +udge of the upreme (ourt and be paid such allowances as the President may determine$6*:. Ba" #) Du"i!dic i#n- ave as provided in Article 2=7&, no court or tribunal, including the upreme (ourt and a High (ourt, shall entertain any proceeding or

exercise any power or "urisdiction in respect of any matter within the power or "urisdiction of the (ourt$6*::. 3eci!i#n #) C#u" bindin& #n Hi&h C#u" and C#u" ! !ub#"dina e # i - ub"ect to Article 2=7, and 2=7&, any decision of the (ourt in the exercise of its "urisdiction under this (hapter shall be binding on a High (ourt and on all courts subordinate to a High (ourt$6*H. Pendin& p"#ceedin&! # c#n inue. e c - ./0 ub"ect to clause .20 nothing in this (hapter shall be deemed to re!uire any proceedings pending in any court or tribunal immediately before the commencement of this (hapter or initiated after such commencement, to be ad"ourned or stayed by reason only of a petition having been made to the (ourt 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 #n"unctions of #slam; 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.20 All proceedings under clause ./0 of Article 2=75 of the (onstitution that may be pending before any High (ourt immediately before the commencement of this (hapter shall stand transferred to the (ourt and shall be dealt with by the (ourt from the stage from which they are so transferred.70 'either the (ourt nor the upreme (ourt shall in the exercise of its "urisdiction under this (hapter have power to grant an in"unction or make any interim order in relation to any proceedings pending in any other court or tribunal$6* I AO%i edC $6*D. P#-e" # %a<e Rule!- ./0 3he (ourt may, by notification in the official Da)ette, make rules for carrying out the purposes of this (hapter.20 #n particular, and without pre"udice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely4 * .a0 the scale of payment of honorarium to be made to "urisconsults, experts and witnesses summoned by the (ourt to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the (ourt; the form of oath to be made by a "urisconsult, expert or witness appearing before the (ourt; the powers and functions of the (ourt being exercised or performed by 5enches consisting of one or more members constituted by the (hairman; the decision of the (ourt being expressed in terms of the opinion of the ma"ority of its members or, as the case may be, of the members constituting a 5ench; and the decision of cases in which the members constituting a 5ench are e!ually divided in their opinion-

.b0 .c0

.d0

.e0

.70 Until rules are made under clause ./0, the hariat 5enches of uperior (ourts 1ules, /GEG, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this (hapter, continue in forceCHAPTER ,.9 :ENERAL PRO?ISIONS RELATIN: TO THE DU3ICATURE $6,. C#n e%p #) C#u" - ./0 #n this Article, C(ourtC means the or a High (ourt.20 .a0 A (ourt shall have power to punish any person who* abuses, interferes with or obstructs the process of the (ourt in any way or disobeys any order of the (ourt; upreme (ourt

.b0

scandali)es the (ourt or otherwise does anything which tends to bring the (ourt or a +udge of the (ourt into hatred, ridicule or contempt; does anything which tends to pre"udice the determination of a matter pending before the (ourt; or does any other thing which, by law, constitutes contempt of the (ourt-

.c0 .d0

.70 3he exercise of the power conferred on a (ourt by this Article may be regulated by law and, sub"ect to law, by rules made by the (ourt$6/ Re%une"a i#n. e c.. #) Dud&e! - 3he remuneration and other terms and conditions of service of a +udge of the upreme (ourt or of a High (ourt shall be as provided in the &ifth chedule$61 Re!i&na i#n- ./0 A +udge of the upreme (ourt or a High (ourt may resign his office by writing under his hand addressed to the President.20 A +udge of a High (ourt who does not accept appointment as a +udge of the upreme (ourt 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 +udge and total service, if any, in the service of Pakistan$62 Dud&e n# # h#ld O))ice #) P"#)i . e c - ./0 A +udge of the upreme (ourt or of a High (ourt shall not* .a0 .b0 hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or occupy any other position carrying the right to remuneration for the rendering of services-

.20 A person who has held office as a +udge of the upreme (ourt or of a High (ourt shall not hold any office of profit in the service of Pakistan, not being a "udicial or !uasi*"udicial office or the office of (hief <lection (ommissioner or of (hairman or member of a law commission or of (hairman or member of the (ouncil of #slamic #deology, before the expiration of two years after he has ceased to hold that office.70 .a0 .b0 .c0 A person who has held office as a permanent +udge, of the upreme (ourt, shall not plead or act in any (ourt or before any authority in Pakistan; of a High (ourt, shall not plead or act in any (ourt or before any authority within its "urisdiction; and of the High (ourt of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan .,issolution0 9rder, /GE=, shall not plead or act in any (ourt or before any authority within the "urisdiction of the principal seat of that High (ourt or, as the case may be, the Permanent 5ench of that High (ourt to which he was assigned-

$64 O))ice"! and Se"(an ! #) C#u" !- 3he upreme (ourt and the &ederal hariat (ourt, with the approval of the President and a High (ourt, with the approval of the Dovernor concerned, may make rules providing for the appointment by the (ourt of officers and servants of the (ourt and for their terms and conditions of employment4 Provided that in case of the High (ourt for #slamabad (apital 3erritory the rules may be made with the approval of the President$65. Sup"e%e Dudicial C#uncil- ./0 3here shall be a upreme +udicial (ouncil of Pakistan, in this (hapter referred to as the (ouncil.20 3he (ouncil shall consist of,

.a0 .b0 .c0

the (hief +ustice of Pakistan; the two next most senior +udges of the upreme (ourt; and the two most senior (hief +ustices of High (ourts-

E+plana i#nH9 &or the purpose of this clause, the inter se seniority of the (hief +ustices of the High (ourts shall be determined with reference to their dates of appointment as (hief +ustice otherwise than as acting (hief +ustice, and in case the dates of such appointment are the same, with reference to their dates of appointment as +udges of any of the High (ourts.70 #f at any time the (ouncil is in!uiring into the capacity or conduct of a +udge who is a member of the (ouncil, or a member of the (ouncil is absent or is unable to act due to illness or any other cause, then .a0 if such member is a +udge of the upreme (ourt, the +udge of the upreme (ourt who is next in seniority below the +udges referred to in paragraph .b0 of clause .20, and if such member is the (hief +ustice of a High (ourt; the (hief +ustice of another High (ourt who is next in seniority amongst the (hief +ustices of the remaining High (ourts, shall act as a member of the (ouncil in his place-

.b0

.>0 #f, upon any matter in!uired into by the (ouncil, there is a difference of opinion amongst its members, the opinion of the ma"ority shall prevail, and the report of the (ouncil to the President shall be expressed in terms of the view of the ma"ority-

@.?0 #f, on information from any source, the (ouncil or the President is of the opinion that a +udge of the upreme (ourt or of a High (ourt* .a0 .b0 may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or may have been guilty of misconduct, the President shall direct the (ouncil to, or the (ouncil may, on its own motion, in!uire into the matter-A

/7G

.B0 #f, after in!uiring into the matter, the (ouncil reports to the President that it is of the opinion* .a0 .b0 that the +udge is incapable of performing the duties of his office or has been guilty of misconduct, and that he should be removed from office, the President may remove the +udge from office-

.E0 A +udge of the upreme (ourt or of a High (ourt shall not be removed from office except as provided by this Article.F0 3he (ouncil shall issue a code of conduct to be observed by +udges of the upreme (ourt and of the High (ourts$16. P#-e" #) C#uncil # en)#"ce a endance #) pe"!#n!. e c - ./0 &or the purpose of in!uiring into any matter, the (ouncil shall have the same power as the upreme (ourt 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 upreme (ourt139

3he following Article 2=G.?0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.?0 #f, on information @from any source, the (ouncil orA the President is of the opinion that a +udge of the upreme (ourt or of a High (ourt, .a0 may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or .b0 may have been guilty of misconduct, the President shall direct the (ouncil to, or the (ouncil may, on its own motion,A in!uire into the matter-

.20 3he provisions of Article 2=> shall apply to the (ouncil as they apply to the upreme (ourt and a High (ourt$11. Ba" #) Du"i!dic i#n- 3he proceedings before the (ouncil, its report to the President and the removal of a +udge under clause .B0 of Article 2=G shall not be called in !uestion in any court$1$. Ad%ini! "a i(e C#u" ! and T"ibunal! - ./0 'otwithstanding anything hereinbefore contained, the appropriate 8egislature may by Act provide for the establishment of one or more Administrative (ourts or 3ribunals to exercise exclusive "urisdiction in respect of* .a0 .b0 matters relating to the terms and conditions of persons who are or have beenA in the service of Pakistan, including disciplinary matters; matters relating to claims arising from tortious acts of Dovernment, 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 matters relating to the ac!uisition, administration and disposal of any property which is deemed to be enemy property under any law-

.c0

.20 'otwithstanding anything hereinbefore contained, where any Administrative (ourt or 3ribunal is established under clause ./0, no other court shall grant an in"unction, make any order or entertain any proceedings in respect of any matter to which the "urisdiction of such Administrative (ourt or 3ribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative (ourt or 3ribunal other than an appeal pending before the upreme (ourt,A shall abate on such establishment4 Provided that the provisions of this clause shall not apply to an Administrative (ourt or 3ribunal established under an Act of a Provincial Assembly unless, at the re!uest of that Assembly made in the form of a resolution, $a"lis*e* hoora .Parliament0 by law extends the provisions to such a (ourt or 3ribunal.70 An appeal to the upreme (ourt from a "udgment, decree, order or sentence of an Administrative (ourt or 3ribunal shall lie only if the upreme (ourt, being satisfied that the case involves a substantial !uestion of law of public importance, grants leave to appeal $1$A E $1$B A O%i edC PART ?III Elec i#n! CHAPTER 1.9 CHIEF ELECTION COMMISSIONER AN3 ELECTION COMMISSION $1*. Chie) Elec i#n C#%%i!!i#ne"- ./0 3here shall be a (hief <lection (ommissioner .in this Part referred to as the (ommissioner0, who shall be appointed by the President />=@HHHA.20 'o person shall be appointed to be (ommissioner unless he is, or has been, a +udge of the upreme (ourt or is, or has been, a +udge of a High (ourt and is !ualified under paragraph .a0 of clause .20 of Article /EE to be appointed a +udge of the upreme (ourt-

@.2A0- 3he Prime $inister shall in consultation with the 8eader of the 9pposition in the 'ational Assembly, forward three names for appointment of the (ommissioner to a Parliamentary (ommittee for hearing and confirmation of any one person140 141

/>/

Word :in his discretion; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.250 3he Parliamentary (ommittee to be constituted by the peaker shall comprise fifty percent members from the 3reasury 5enches and fifty percent from the 9pposition Parties, based on their strength in $a"lis*e* hoora .Parliament0, to be nominated by the respective Parliamentary 8eadersH Provided that in case there is no consensus between the Prime $inister and the 8eader of the 9pposition, each shall forward separate lists to the Parliamentary (ommittee for consideration which may confirm any one name4 @Provided further that the total strength of the Parliamentary (ommittee shall be twelve members out of which one*third shall be from the enate, andA Provided also that when the 'ational Assembly is dissolved and a vacancy occurs in the office of the (hief <lection (ommissioner, the />7@total membership of the Parliamentary committee shall consist ofA the members from the enate only and the foregoing provisions of this clause shall, mutatis mutan!is, apply-A
.70 3he (ommissioner shall have such powers and functions as are conferred on him by the (onstitution and law$1,. C#%%i!!i#ne";! #a h #) #))ice - 5efore entering upon office, the (ommissioner shall make before the (hief +ustice of Pakistan oath in the form set*out in the 3hird chedule$1/. Te"% #) #))ice #) C#%%i!!i#ne"- ./0 3he (ommissioner shall, sub"ect to this Article, hold office for a term of />>@fiveA years from the day he enters upon his office4
/>2

@Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent; andA
/>B

/>?

@HHHA

.20 3he (ommissioner shall not be removed from office except in the manner prescribed in Article 2=G for the removal from office of a +udge and, in the application of the Article for the purposes of this clause, any reference in that Article to a +udge shall be construed as a reference to the (ommissioner.70 3he (ommissioner may, by writing under his hand addressed to the President, resign his office$11. not, C#%%i!!i#ne" n# .a0 .b0 # h#ld #))ice #) p"#)i - ./0 3he (ommissioner shall

hold any other office of profit in the service of Pakistan; or occupy any other position carrying the right to remuneration for the rendering of services-

.20 A person who has held office as (ommissioner 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 office4
142

ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=// ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

143

144 145

Word :three; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=146 3he following proviso of Article 2/?./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Provided that the 'ational Assembly may by resolution extend the term of the (ommissioner by a period not exceeding one year-

Provided that* .a0 this clause shall not be construed as preventing a person who was a +udge of the upreme (ourt or of a High (ourt immediately before his appointment as (ommissioner from resuming his duties as such +udge on the expiration of his term as (ommissioner-

.b0 />E @HHHA $12. Ac in& C#%%i!!i#ne"- At any time when, .a0 .b0 the office of (ommissioner is vacant, or the (ommissioner is absent or unable to perform the functions of his office due to any other cause,

a +udge of the upreme (ourt nominated by the (hief +ustice of Pakistan shall Act as (ommissioner-

@./0 &or the purpose of election to both Houses of $a"lis*e* hoora .Parliament0, Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent <lection (ommission shall be constituted in accordance with this Article;
$14.

Elec i#n C#%%i!!i#n-

/>F

.20 .a0 .b0

3he <lection (ommission shall consist of,* the (ommissioner who shall be the (hairman of the (ommission; and four members, each of whom has been a +udge of a High (ourt from each Province, appointed by the President in the manner provided for appointment of the (ommissioner in clauses .2A0 and .250 of Article 2/7-A

.70 #t shall be the duty of the <lection (ommission constituted in relation to an election to organi)e and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, "ustly, fairly and in accordance with law, and that corrupt practices are guarded against$15. 3u ie! #) C#%%i!!i#n- 3he duty of, .a0 .b0 .c0
/?=
/>G

@(ommissionA shall be charged with the

preparing electoral rolls for election to the 'ational Assembly and the Provincial Assemblies, and revising such rolls annually; organi)ing and conducting election to the enate or to fill casual vacancies in a House or a Provincial Assembly; and appointing <lection 3ribunals;

@.d0 the holding of general elections to the 'ational Assembly, Provincial Assemblies and the local governments; and

147

3he following Article 2/B.20.b0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.b0 a person who has held office as (ommissioner 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 office148 3he following Article 2/F./0 I .20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 &or the purpose of election to both Houses of $a"lis*e* hoora .Parliament0, Provincial Assemblies and for election of such other public offices as may be specified by law or until such law is made by the $a"lis*e* hoora .Parliament0 by 9rder of the President, a permanent <lection (ommission shall be constituted in accordance with this Article.20 3he <lection (ommission shall consist of, .a0 the (ommissioner who shall be (hairman of the (ommission; and .b0 five members each of whom shall be a +udge of a High (ourt from each Province and #slamabad (apital 3erritoryA appointed by the President after consultation with the (hief +ustice of the High (ourt concerned and with the (ommissioner149 Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=150 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.e0

such other functions as may be specified by an Act of $a"lis*e* hoora .Parliament0-A

$$6. E+ecu i(e au h#"i ie! # a!!i! C#%%i!!i#n. e c - #t shall be the duty of all executive authorities in the &ederation and in the Provinces to assist the (ommissioner and the <lection (ommission in the discharge of his or their functions$$1. O))ice"! and !e"(an !- Until $a"lis*e* hoora .Parliament0 by law otherwise provides, the /?/@<lection (ommissionA may, with the approval of the President, make rules providing for the appointment by the /?2@<lection (ommissionA of officers and servants to be employed in connection with the functions of the /?7@HHHA <lection (ommission and for their terms and conditions of employmentCHAPTER $.9ELECTORAL LAJS AN3 CON3UCT OF ELECTIONS $$$. Elec #"al la-!- ub"ect to the (onstitution, $a"lis*e* hoora .Parliament0 may by law provide for4 .a0 .b0 .c0 the allocation of seats in the 'ational Assembly as re!uired by clauses .70 and .>0 of Article ?/; the delimitation of constituencies by the <lection (ommission; the preparation of electoral rolls, the re!uirements as to residence in a constituency, the determination of ob"ections pertaining to and the commencement of electoral rolls; the conduct of elections and election petitions the decision of doubts and disputes arising in connection with elections; matters relating to corrupt practices and other offences in connection with elections; and all other matters necessary for the due constitution of the two Houses and the Provincial Assemblies;

.d0 .e0 .f0

but no such law shall have the effect of taking away or abridging any of the powers of the (ommissioner or an <lection (ommission under this Part$$*. Ba" a&ain! d#uble %e%be"!hip- ./0 'o person shall, at the same time, be a member of* .a0 .b0 .c0 .d0 both Houses; or a House and a Provincial Assembly; or the Assemblies of two or more Provinces; or a House or a Provincial Assembly in respect of more than one seat-

.20 'othing in clause ./0 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 lastE+plana i#nH9 #n this clause, CbodyC means either House or a Provincial Assembly.70 A person to whom clause .20 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 seats151 152

Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=153 Words :(ommissioner or an; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.>0 ub"ect to clause .20, if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause ./0, 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-

@./0 A general election to the 'ational Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day-A
$$,.

Ti%e #) elec i#n and b09elec i#n -

/?>

@./A0 9n dissolution of the Assembly on completion of its term, or in case it is dissolved under Article ?F or Article //2, the President, or the Dovernor, as the case may be, shall appoint a care*taker (abinet4 Provided that the care*taker Prime $inister shall be selected by the President in consultation with the Prime $inister and the 8eader of the 9pposition in the outgoing 'ational Assembly, and a care*taker (hief $inister shall be appointed by the Dovernor in consultation with the (hief $inister and the 8eader of the 9pposition in the outgoing Provincial Assembly4 Provided further that the $embers of the &ederal and Provincial care* taker (abinets shall be appointed on the advice of the care*taker Prime $inister or the care*taker (hief $inister, as the case may be./50 $embers of the care*taker (abinets including the care*taker Prime $inister and the care*taker (hief $inister and their immediate family members shall not be eligible to contest the immediately following elections to such AssembliesExplanation.- #n this clause :immediate family members; means spouse and children; andA
.20 When the 'ational 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.70 An election to fill the seats in the enate which are to become vacant on the expiration of the term of the members of the enate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.>0 When, except by dissolution of the 'ational Assembly or a Provincial Assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy.?0 When a seat in the enate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy-

/??

@.B0 When a seat reserved for women or non*$uslims in the 'ational Assembly or a Provincial Assembly falls vacant, on account of death,
154

/?B

3he following Article 22>./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 A general election to the 'ational Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day4 Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the Dovernor, in his discretion but with the previous approval of the President, shall appoint a care*taker (abinet155 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=156 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

resignation or dis!ualification 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 <lection (ommission by the political party whose member has vacated such seat-A
$$/. Elec i#n di!pu e- 'o election to a House or a Provincial Assembly shall be called in !uestion except by an election petition presented to such tribunal and in such manner as may be determined by Act of $a"lis*e* hoora .Parliament0-

A$$1. Elec i#n b0 !ec"e ball# - All elections under the (onstitution, other than those of the Prime $inister and the (hief $inister, shall be by secret ballot-A
1/2

PART IF I!la%ic P"#(i!i#n! $$2. P"#(i!i#n! "ela in& # he H#l0 @u";an and Sunnah - ./0 All existing laws shall be brought in conformity with the #n"unctions of #slam as laid down in the Holy %uran and unnah, in this Part referred to as the #n"unctions of #slam, and no law shall be enacted which is repugnant to such #n"unctionsE+plana i#nH9 #n the application of this clause to the personal law of any $uslim sect, the expression C%uran and unnahC shall mean the %uran and unnah as interpreted by that sect.20 <ffect shall be given to the provisions of clause ./0 only in the manner provided in this Part.70 'othing in this Part shall affect the personal laws of non*$uslim citi)ens or their status as citi)ens$$4. C#%p#!i i#n. e c. #) I!la%ic C#uncil - ./0 3here shall be constituted within a period of ninety days from the commencing day a (ouncil of #slamic #deology, in this part referred to as the #slamic (ouncil.20 3he #slamic (ouncil shall consist of such members, being not less than eight and not more than twenty, as the President may appoint from amongst persons having knowledge of the principles and philosophy of #slam as enunciated in the Holy %uran and unnah, or understanding of the economic, political, legal or administrative problems of Pakistan.70 While appointing members of the #slamic (ouncil the President shall ensure that* .a0 .b0 .c0 so far as practicable various schools of thought are represented in the (ouncil; not less than two of the members are persons each of whom is, or has been a +udge of the upreme (ourt or of a High (ourt; not less than /?F@one*thirdA of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in #slamic research or instruction; and at least one member is a woman-

.d0

.>0 3he President shall appoint one of the members of the #slamic (ouncil to be the (hairman thereof.?0 ub"ect to clause .B0 a member of the #slamic (ouncil shall hold office for a period of three years.B0 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 ma"ority of the total membership of the #slamic (ouncil157

3he following Article 22B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=All elections under the (onstitution shall be by secret ballot158 Word :four; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

$$5. Re)e"ence b0 Ma'li!9e9Sh##"a =Pa"lia%en >. e c. # I!la%ic C#uncil - 3he President or the Dovernor of a Province may, or if two*fifths of its total membership so re!uires, a House or a Provincial Assembly shall, refer to the #slamic (ouncil for advice any !uestion as to whether a proposed law is or is not repugnant to the #n"unctions of #slam$*6. Func i#n! #) I!la%ic C#uncil- ./0 3he functions of the #slamic (ouncil shall be* .a0 to make recommendations to $a"lis*e* hoora .Parliament0 and the Provincial Assemblies as to the ways and means of enabling and encouraging the $uslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of #slam as enunciated in the Holy %uran and unnah; to advise a House, a Provincial Assembly, the President or a Dovernor on any !uestion referred to the (ouncil as to whether a proposed law is or is not repugnant to the #n"unctions of #slam; to make recommendations as to the measures for bringing existing laws into conformity with the #n"unctions of #slam and the stages by which such measures should be brought into effect; and to compile in a suitable form, for the guidance of $a"lis*e* hoora .Parliament0 and the Provincial Assemblies, such #n"unctions of #slam as can be given legislative effect-

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.20 When, under Article 22G, a !uestion is referred by a House, a Provincial Assembly, the President or a Dovernor to the #slamic (ouncil, the (ouncil shall, within fifteen days thereof, inform the House, the Assembly, the President or the Dovernor, as the case may be, of the period within which the (ouncil expects to be able to furnish that advice.70 Where a House, a Provincial Assembly, the President or the Dovernor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the !uestion arose should not be postponed until the advice of the #slamic (ouncil is furnished, the law may be made before the advice is furnished4 Provided that, where a law is referred for advice to the #slamic (ouncil and the (ouncil advises that the law is repugnant to the #n"unctions of #slam, the House or, as the case may be, the Provincial Assembly, the President or the Dovernor shall reconsider the law so made.>0 3he #slamic (ouncil shall submit its final report within seven years of its appointment, and shall submit an annual interim report- 3he report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and $a"lis*e* hoora .Parliament0 and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report$*1. Rule! #) p"#cedu"e- 3he proceedings of the #slamic (ouncil shall be regulated by rules of procedure to be made by the (ouncil with approval of the President9999999 PART F E%e"&enc0 P"#(i!i#n! $*$. P"#cla%a i#n #) e%e"&enc0 #n acc#un #) -a". in e"nal di! u"bance. e c- ./0 #f 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 Dovernment to control, he may issue a Proclamation of <mergency4

@Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Dovernment to control, a resolution from the Provincial Assembly of that Province shall be re!uired4 Provided further that if the President acts on his own, the Proclamation of <mergency shall be placed before both Houses of $a"lis*e* hoora .Parliament0 for approval by each House within ten days-A
.20 'otwithstanding anything in the (onstitution, while a Proclamation of <mergency is in force* .a0 $a"lis*e* hoora .Parliament0 shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the &ederal 8egislative 8ist or the (oncurrent 8egislative 8ist; the executive authority of the &ederation 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 the &ederal Dovernment may by 9rder assume to itself, or direct the Dovernor of a Province to assume on behalf of the &ederal Dovernment, all or any of the functions of the Dovernment 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 conse!uential provisions as appear to the &ederal Dovernment to be necessary or desirable for giving effect to the ob"ects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the (onstitution relating to any body or authority in the province4 Provided that nothing in paragraph .c0 shall authori)e the &ederal Dovernment to assume to itself, or direct the Dovernor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High (ourt, or to suspend either in whole or in part the operation of any provisions of the (onstitution relating to High (ourts.70 3he power of $a"lis*e* hoora .Parliament0 to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authori)ing the conferring of powers and the imposition of duties upon the &ederation, or officers and authorities of the &ederation, as respects that matter.>0 'othing in this Article shall restrict the power of a Provincial Assembly to make any law which under the (onstitution it has power to make but if any provision of a Provincial law is repugnant to any provision of an Act of $a"lis* e* hoora .Parliament0A which $a"lis*e* hoora .Parliament0A has under this Article power to make, the Act of $a"lis*e* hoora .Parliament0, 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 $a"lis*e* hoora .Parliament0 continues to have effect, be void.?0 A law made by $a"lis*e* hoora .Parliament0, which $a"lis*e* hoora .Parliament0 would not but for the issue of a Proclamation of <mergency 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 <mergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.B0 While a Proclamation of <mergency is in force, $a"lis*e* hoora .Parliament0 may by law extend the term of the 'ational Assembly for a period not
159

/?G

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#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.E0 A Proclamation of <mergency shall be laid before a "oint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and* .a0 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 "oint sitting; and shall, sub"ect to the provisions of paragraph .a0, cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the ma"ority of the total memberships of the two Houses in "oint sitting-

.b0

.F0 'otwithstanding anything contained in clause .E0, if the 'ational Assembly stands dissolved at the time when a Proclamation of <mergency 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 enate$**. P#-e" # !u!pend Funda%en al Ri&h !. e c.. du"in& e%e"&enc0 pe"i#d- ./0 'othing contained in Articles /?, /B, /E, /F, /G, and 2> shall, while a proclamation of <mergency is in force, restrict the power of the tate as defined in Article E 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.20 While a Proclamation of <mergency is in force, the President may, by 9rder, declare that the right to move any (ourt for the enforcement of such of the &undamental 1ights conferred by (hapter / of Part ## as may be specified in the 9rder, and any proceeding in any (ourt which is for the enforcement, or involves the determination of any !uestion as to the infringement, of any of the 1ights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such 9rder may be made in respect of the whole or any part of Pakistan.70 <very 9rder made under this Article shall, as soon as may be, be laid before /B=@both Houses of $a"lis*e* hoora .Parliament0 separatelyA for approval and the provisions of clauses .E0 and .F0 of Article 272 shall apply to such an 9rder as they apply to a Proclamation of <mergency$*,. P#-e" # i!!ue P"#cla%a i#n in ca!e #) )ailu"e #) c#n! i u i#nal %achine"0 in a P"#(ince- ./0 #f the President, on receipt of a report from the Dovernor of a Province /B/@HHHA, is satisfied that a situation has arisen in which the Dovernment of the Province cannot be carried on in accordance with the provisions of the (onstitution, the President may, or if a resolution in this behalf is passed /B2@by each House separatelyA shall, by Proclamation, .a0 assume to himself, or direct the Dovernor of the Province to assume on behalf of the President, all or any of the functions of the Dovernment 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; declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, $a"lis*e* hoora .Parliament0; and

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160 161

Words :a "oint sitting; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :or otherwise; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=162 Words :at a "oint sitting; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

.c0

make such incidental and conse!uential provisions as appear to the President to be necessary or desirable for giving effect to the ob"ects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the (onstitution relating to any body or authority in the Province4 Provided that nothing in this Article shall authori)e the President to assume to himself, or direct the Dovernor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High (ourt, or to suspend either in whole or in part the operation of any provisions of the (onstitution relating to High (ourts-

.20 3he Provisions of Article /=? shall not apply to the discharge by the Dovernor of his functions under clause ./0.70 A Proclamation issued under this Article shall be laid before a "oint 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 "oint 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.>0 'otwithstanding anything contained in clause .70, if the 'ational 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 enate.?0 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 $a"lis*e* hoora .Parliament0, it shall be competent* .a0 to $a"lis*e* hoora .Parliament0A in "oint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly; to $a"lis*e* hoora .Parliament0 in "oint sitting, or the President, when he is empowered under paragraph .a0, to make laws conferring powers and imposing duties, or authori)ing the conferring of powers and the imposition of duties, upon the &ederation, or officers and authorities thereof; to the President, when $a"lis*e* hoora .Parliament0 is not in session, to authori)e expenditure from the Provincial (onsolidated &und, whether the expenditure is charged by the (onstitution upon that fund or not, pending the sanction of such expenditure by $a"lis* e* hoora .Parliament0 in "oint sitting; and to $a"lis*e* hoora .Parliament0 in "oint sitting by resolution to sanction expenditure authori)ed by the President under paragraph .c0-

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.B0 Any law made by $a"lis*e* hoora .Parliament0 or the President which $a"lis*e* hoora .Parliament0 or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things, done or omitted to be done before the expiration of the said period$*/. P"#cla%a i#n in ca!e #) )inancial e%e"&enc0 - ./0 #f 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 Dovernors of the Provinces or, as the case may be, the Dovernor 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 &ederation 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.20 'otwithstanding anything in the (onstitution, any such directions may include a provision re!uiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province.70 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 &ederation.>0 3he provisions of clauses .70 and .>0 of Article 27> shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article$*1. Re(#ca i#n #) P"#cla%a i#n. e c- ./0 A Proclamation issued under this part may be varied or revoked by a subse!uent Proclamation.20 3he validity of any Proclamation issued or 9rder made under this Part shall not be called in !uestion in any court$*2. Ma'li!9e9Sh##"a =Pa"lia%en > %a0 %a<e la-! #) inde%ni 0. e c - 'othing in the (onstitution shall prevent $a"lis*e* hoora .Parliament0 from making any law indemnifying any person in the service of the &ederal Dovernment or a Provincial Dovernment, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in PakistanPART FI A%end%en #) C#n! i u i#n $*4. A%end%en #) C#n! i u i#n- ub"ect to this Part, the (onstitution may be amended by Act of $a"lis*e* hoora .Parliament0$*5. C#n! i u i#n. A%end%en Bill- ./0 A 5ill to amend the (onstitution may originate in either House and, when the 5ill 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.20 #f the 5ill 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 ./0, it shall, sub"ect to the provisions of clause .>0, be presented to the President for assent.70 #f the 5ill 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 ./0, it shall be reconsidered by the House in which it had originated, and if the 5ill 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, sub"ect to the provisions of clause .>0, be presented to the President for assent.>0 A 5ill to amend the (onstitution 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.?0 'o amendment of the (onstitution shall be called in !uestion in any court on any ground whatsoever.B0 &or the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the $a"lis*e* hoora .Parliament0 to amend any of the provisions of the (onstitution******* PART FII Mi!cellane#u!

CHAPTER 1.9SER?ICES $,6. App#in %en ! # !e"(ice #) Pa<i! an and c#ndi i#n! #) !e"(ice - ub"ect to the (onstitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined* .a0 in the case of the services of the &ederation, posts in connection with the affairs of the &ederation and All*Pakistan ervices, by or under Act of $a"lis*e* hoora .Parliament0; and 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<xplanation-* #n this Article, CAll*Pakistan erviceC means a service common to the &ederation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of $a"lis*e* hoora .Parliament0-

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$,1. E+i! in& "ule!. e c.. # c#n inue - Until the appropriate 8egislature makes a law under Article 2>=, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the (onstitution, continue in force and may be amended from time to time by the &ederal Dovernment or, as the case may be the Provincial Dovernment$,$. Public Se"(ice C#%%i!!i#n - ./0 $a"lis*e* hoora .Parliament0 in relation to the affairs of the &ederation, and the Provincial Assembly of a Province in relation to the affairs of a Province may, by law provide for the establishment and constitution of a Public ervice (ommission./A0 3he (hairman of the Public ervice (ommission constituted in relation to the affairs of the &ederation shall be appointed by the President /B7@on the advice of the Prime $inister-A

@./50 3he (hairman of the Public ervice (ommission constituted in relation to affairs of a Province shall be appointed by the Dovernor on advice of the (hief $inister-A
.20 A Public be prescribed by lawervice (ommission shall perform such functions as may CHAPTER $.9ARME3 FORCES

/B>

163 164

Words :on his discretion; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

A$,*. C#%%and #) A"%ed F#"ce!- ./0 3he &ederal Dovernment shall have control and command of the Armed &orces11/

.20 Without pre"udice to the generality of the foregoing provision, the upreme (ommand of the Armed &orces shall vest in the President.70 3he President shall sub"ect to law, have powerK .a0 .b0 .>0 to raise and maintain the $ilitary, 'aval and Air &orces of Pakistan; and the 1eserves of such &orces; and to grant (ommissions in such &orces-

3he President shall, on advice of the Prime $inister, appoint* .a0 the (hairman, +oint (hiefs of taff (ommittee; .b0 the (hief of the Army taff; .c0 the (hief of the 'aval taff; and .d0 the (hief of the Air taff,

and shall also determine their salaries and allowances-A

$,,. Oa h #) A"%ed F#"ce!- <very member of the Armed &orces shall make oath in the form set out in the 3hird chedule$,/. Func i#n! #) A"%ed F#"ce!- ./0 3he Armed &orces shall, under the directions of the &ederal Dovernment, defend Pakistan against external aggression or threat of war, and, sub"ect to law, act in aid of civil power when called upon to do so.20 3he validity of any direction issued by the &ederal Dovernment under clause ./0 shall not be called in !uestion in any court.70 A High (ourt shall not exercise any "urisdiction under Article /GG in relation to any area in which the Armed &orces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 2>?4 Provided that this clause shall not be deemed to affect the "urisdiction of the High (ourt in respect of any proceeding pending immediately before the day on which the Armed &orces start acting in aid of civil power-

165

3he following Article 2>7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=./0 3he &ederal Dovernment shall have control and command of the Armed &orces./A0 Without pre"udice to the generality of the foregoing provision, the upreme (ommand of the Armed &orces shall vest in the President.20 3he President shall, sub"ect to law, have power* .a0 to raise and maintain the $ilitary, 'aval and Air &orces of Pakistan; and the 1eserves of such &orces; and .b0 to grant (ommissions in such &orces.703he President shall, in consultation with the Prime $inisterA, appoint* .a0 the (hairman, +oint (hiefs of taff (ommittee; .b0 the (hief of the Army taff; .c0 the (hief of the 'aval taff; and .d0 the (hief of the Air taff, and shall also determine their salaries and allowances-A

.>0 Any proceeding in relation to an area referred to in clause .70 instituted on or after the day the Armed &orces start acting in aid of civil power and pending in any High (ourt shall remain suspended for the period during which the Armed &orces are so actingCHAPTER *.9TRIBAL AREAS $,1. T"ibal A"ea!- #n the (onstitution,* .a0 C3ribal AreasC means the areas in Pakistan which, immediately before the commencing day, were 3ribal Areas, and includes* .i0 .ii0 the 3ribal Areas of /BB@5alochistanA and the PakhtunkhwaA Province; the former tates of Amb, (hitral, ,ir and wat;
/BF
/BE

@6hyber

.iiiIiv0
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@HHHHHHHHHHA

CProvincially Administered 3ribal AreasC means* 3he districts of (hitral, ,ir and wat .which includes 6alam0, the 3ribal Area in 6ohistan district, $alakand Protected Area, the 3ribal Area ad"oining $ansehra district and the former tate of Amb; and Rhob district, 8oralai district .excluding ,uki 3ehsil0, ,albandis 3ehsil of (hagai ,istrict and $arri and 5ugti tribal territories of ibi district; and 3ribal Areas ad"oining Peshawar district; 3ribal Areas ad"oining 6ohat district; .iv0
/BG

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&ederally Administered 3ribal Areas includes* .i0 .ii0

3ribal Areas ad"oining 5annu district;

@.iiia0 3ribal Areas ad"oining 8akki $arwat district; andA 3ribal Areas ad"oining ,era #smail 6han district; 5a"aur Agency; 9rak)ai Agency; $ohmand Agency; 6hyber Agency; 6urram Agency; 'orth Wa)iristan Agency, and outh Wa)iristan Agency@.iva0 3ribal Areas ad"oining 3ank ,istrictA

.iv0
/E=

.v0 .va0 .vi0 .vii0 .viii0 .ix0 .x0

$,2. Ad%ini! "a i#n #) T"ibal A"ea! - ./0 ub"ect to the (onstitution, the executive authority of the &ederation shall extend to the &ederally Administered 3ribal Areas, and the executive authority of a Province shall extend to the Provincially Administered 3ribal Areas therein.20 3he President may, from time to time, give such directions to the Dovernor of a Province relating to the whole or any part of a 3ribal Area within the Province as he may deem necessary, and the Dovernor shall, in the exercise of his functions under this Article, comply with such directions166 167

Word :5aluchistan; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Words :'orth*West &rontier; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=168 #mitted by the (onstitution .'ineteenth Amendment0 Act / of 2=// 169 Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
170

Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//

.70 'o Act of $a"lis*e* hoora .Parliament0 shall apply to any &ederally Administered 3ribal Area or to any part thereof, unless the President so directs, and no Act of $a"lis*e* hoora .Parliament0 or a Provincial Assembly shall apply to a Provincially Administered 3ribal Area, or to any part thereof, unless the Dovernor of the Province in which the 3ribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Dovernor, may direct that the law shall, in its application to a 3ribal Area, or to a specified part thereof, have effect sub"ect to such exceptions and modifications as may be specified in the direction.>0 'otwithstanding anything contained in the (onstitution, the President may, with respect to any matter within the legislative competence of $a"lis*e* hoora .Parliament0, and the Dovernor 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 3ribal Area or any part thereof, situated in the Province.?0 'otwithstanding anything contained in the (onstitution, the President may, with respect to any matter, make regulations for the peace and good Dovernment of a &ederally Administered 3ribal Area or any part thereof.B0 3he President may, at any time, by 9rder, direct that the whole or any part of a 3ribal Area shall cease to be 3ribal Area, and such 9rder may contain such incidental and conse!uential provisions as appear to the President to be necessary and proper4 Provided that before making any 9rder under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the 3ribal Area concerned, as represented in tribal "irga.E0 'either the upreme (ourt nor a High (ourt shall exercise any "urisdiction under the (onstitution in relation to a 3ribal Area, unless $a"lis*e* hoora .Parliament0 by law otherwise provides4 Provided that nothing in this clause shall affect the "urisdiction which the upreme (ourt or a High (ourt exercised in relation to a 3ribal Area immediately before the commencing day$,4. P"# ec i#n # P"e!iden . :#(e"n#". Mini! e". e c - ./0 3he President, a Dovernor, the Prime $inister, a &ederal $inister, a $inister of tate, the (hief $inister and a Provincial $inister shall not he answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions4 Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the &ederation or a Province.20 'o criminal proceedings whatsoever shall be instituted or continued against the President or a Dovernor in any court during his term of office.70 'o process for the arrest or imprisonment of the President or a Dovernor shall issue from any court during his term of office.>0 'o civil proceedings in which relief is claimed against the President or a Dovernor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims$,5. Le&al p"#ceedin&!- ./0 Any legal proceedings which, but for the (onstitution, could have been brought by or against the &ederation in respect of a matter which, immediately before the commencing day, was the responsibility of

the &ederation and has, under the (onstitution, 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 &ederation the Province concerned shall, as from that day, be deemed to have been substituted.20 Any legal proceedings which, but for the (onstitution, 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 (onstitution become the responsibility of the &ederation, shall be brought by or against the &ederation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the &ederation shall, as from that day, be deemed to have been substituted$/6. Sala"ie!. all#-ance!. e c.. #) he P"e!iden . e c - ./0 Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the peaker and ,eputy peaker and a member of the 'ational Assembly or a Provincial Assembly, the (hairman and ,eputy (hairman and a member of the enate, the Prime $inister, a &ederal $inister, a $inister of tate, a (hief $inister, a Provincial $inister and the (hief <lection (ommissioner.20 .a0 Until other provision is made by law,* the salaries, allowances and privileges of the President, the peaker or ,eputy peaker or a member of the 'ational Assembly or a Provincial Assembly, a &ederal $inister, a $inister of a tate, a (hief $inister, a Provincial $inister and the (hief <lection (ommissioner shall be same as the salaries, allowances and privileges to which the President, the peaker or ,eputy peaker or member of the 'ational Assembly of Pakistan or a Provincial Assembly, a &ederal $inister, a $inister of tate, a (hief $inister, a Provincial $inister or, as the case may be, the (hief <lection (ommissioner was entitled immediately before the commencing day; and the salaries, allowances and privileges of the (hairman, the ,eputy (hairman, the Prime $inister and a member of the enate shall be such as the President may by 9rder determine3he salary, allowances and privileges of a person holding office as* the President; the (hairman or ,eputy (hairman; the peaker or ,eputy Provincial Assembly; a Dovernor; the (hief <lection (ommissioner; or the Auditor*Deneral; shall not be varied to his disadvantage during his term of office.>0 At any time when the (hairman or peaker 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 (hairman or peaker member of $a"lis*e* hoora .Parliament0, or be entitled to salary, allowances or privileges as (hairman, peaker or such a member$/1. Na i#nal lan&ua&e- ./0 3he 'ational 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 daypeaker of the 'ational Assembly or a

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.20 ub"ect to clause ./0, the <nglish language may be used for official purposes until arrangements are made for its replacement by Urdu.70 Without pre"udice to the status of the 'ational language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a Provincial language in addition to the 'ational language$/$. Special p"#(i!i#n! in "ela i#n # %a'#" p#" ! and ae"#d"#%e! - ./0 'otwithstanding anything contained in the (onstitution 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 &ederal law or a Provincial law, shall not apply to a specified ma"or port or ma"or aerodrome, or shall apply to a specified ma"or port or ma"or aerodrome sub"ect to specified exceptions or modifications.20 3he 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$/*. Ma+i%u% li%i ! a! # p"#pe" 0. e c- ./0 $a"lis*e* hoora .Parliament0 may by law* .a0 prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and 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 &ederal Dovernment or a Provincial Dovernment, or by a corporation controlled by any such Dovernment-

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.20 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$/,. Failu"e # c#%pl0 -i h "e7ui"e%en a! # i%e d#e! n# "ende" an ac in(alid- When any act or thing is re!uired by the (onstitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period$//. Oa h #) #))ice- ./0 An oath re!uired to be made by a person under the (onstitution shall preferably be made in Urdu or a language that is understood by that person.20 Where, under the (onstitution, an oath is re!uired to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.70 Where, under the (onstitution, a person is re!uired 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$/1. P"i(a e a"%ie! )#"bidden- 'o private organi)ation capable of functioning as a military organi)ation shall be formed, and any such organi)ation shall be illegal$/2. P"#(i!i#n "ela in& # he S a e #) Da%%u and Ka!h%i" - When the people of the tate of +ammu and 6ashmir decide to accede to Pakistan, the relationship between Pakistan and the tate shall be determined in accordance with the wishes of the people of that tate$/4. :#(e"n%en #) e""i #"ie! #u !ide P"#(ince! - ub"ect to the (onstitution, until $a"lis*e* hoora .Parliament0 by law otherwise provides, the

President may, by 9rder, make provisions for peace and good government of any part of Pakistan not forming part of a Province$/5. A-a"d!- ./0 'o citi)en shall accept any title, honour or decoration from any foreign tate except with the approval of the &ederal Dovernment.20 'o title, honour or decoration shall be conferred by the &ederal Dovernment or any Provincial Dovernment on any citi)en, but the President may award decorations in recognition of gallantry, meritorious service in the Armed &orces, academic distinction or distinction in the field of sports or nursing, as provided by &ederal law.70 All titles, honours and decorations awarded to citi)ens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry, meritorious service in the Armed &orces or academic distinction shall stand annulledCHAPTER /.9INTERPRETATION $16. 3e)ini i#n!- ./0 #n the (onstitution, unless the context otherwise re!uires, the following expressions have the meaning hereby respectively assigned to them, that is to say,* CAct of $a"lis*e* hoora .Parliament0C means an Act passed by $a"lis*e* hoora .Parliament0 or the 'ational Assembly and assented to, or deemed to have been assented to, by the President; CAct of Provincial AssemblyC means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Dovernor; Cagricultural incomeC means agricultural income as defined for the purpose of the law relating to income tax; CArticleC means Article of the (onstitution; CborrowsC includes the raising of money by the grant of annuities, and CloansC shall be construed accordingly; C(hairmanC means the (hairman of the enate and, except in Article >G, includes a person acting as (hairman of the enate; C(hief +usticesC, in relation to the upreme (ourt or a High (ourt, includes the +udge for the time being acting as (hief +ustice of the (ourt; Cciti)enC means a citi)en of Pakistan as defined by law; CclauseC means clause of the Article in which it occurs;
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Ccorporation taxC means any tax or income that is payable by companies and in respect of which the following conditions apply4* .a0 .b0 the tax is not chargeable in respect of agricultural income; no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authori)ed to be made from dividends payable by the companies to individuals; 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;

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3he following definition of Article 2B/./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=CconsultationC shall, save in respect of appointments of +udges of the upreme (ourt and High (ourts, mean discussion and deliberation which shall not be binding on the President-

CdebtC includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and Cdebt chargesC shall be construed accordingly; Cestate dutyC means a duty assessed on, or by reference to, the value of property passing upon death; Cexisting lawsC has the same meaning as in clause .E0 of Article 2BF; C&ederal lawsC means a law made by or under the authority of $a"lis*e* hoora .Parliament0; Cfinancial yearC means a year commencing on the first day of +uly; CgoodsC includes all materials, commodities and articles; CDovernorC means the Dovernor of a Province and includes any person for the time being acting as the Dovernor of a Province; CguaranteeC 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; CHouseC means the enate or the 'ational Assembly; C+oint sittingC means a "oint sitting of the two Houses; C+udgeC in relation to the upreme (ourt or a High (ourt, includes the (hief +ustice of the (ourt and also includes* .a0 .b0 in relation to the upreme (ourt, a person who is acting as a +udge of the (ourt; and in relation to the High (ourt, a person who is an Additional +udge of the (ourt;

Cmembers of the Armed &orcesC does not include persons who are not, for the time being, sub"ect to any law relating of the members of the Armed &orces; Cnet proceedsC means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor*Deneral; CoathC includes affirmation; CPartC means Part of the (onstitution; CpensionC 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; CpersonC includes any body politic or corporate; CPresidentC 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 re!uired to be done under the (onstitution before the commencing day, the President under the #nterim (onstitution of the #slamic 1epublic of Pakistan; CPropertyC includes any right, title or interest in property, movable or immovable, and any means and instruments of production; CProvincial lawC means a law made by or under the authority of the Provincial Assembly; CremunerationC includes salary and pension; C cheduleC means chedule to the (onstitution;

Csecurity of PakistanC includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such; C ervice of PakistanC means any service, post or office in connection with the affairs of the &ederation or of a Province, and includes an All*Pakistan ervice, service in the Armed &orces and any other service declared to be a service of Pakistan by or under Act of $a"lis*e* hoora .Parliament0 or of a Provincial Assembly, but does not include service as peaker, ,eputy peaker, (hairman, ,eputy (hairman, Prime $inister, &ederal $inister, $inister of tate, (hief $inister, Provincial $inister, Attorney*Deneral, Advocate*Deneral, Parliamentary ecretary or (hairman or member of a 8aw (ommission, (hairman or member of the (ouncil of #slamic #deology, pecial Assistant to the Prime $inister, Adviser to the Prime $inister, pecial Assistant to (hief $inister, Adviser to a (hief $inister or member of a House or a Provincial Assembly; C peakerC means the peaker of the 'ational Assembly or a Provincial Assembly, and includes any person acting as the peaker of the Assembly; CtaxationC includes the imposition of any tax or duty, whether general, local or special, and CtaxC shall be construed accordingly; Ctax on incomeC includes a tax in the nature of an excess profits tax or a business profits tax.20 #n the (onstitution CAct of $a"lis*e* hoora .Parliament0C or C&ederal lawC or CAct of Provincial AssemblyC or CProvincial lawC shall include an 9rdinance promulgated by the President or, as the case may be, a Dovernor.70 #n the (onstitution and all enactments and other legal instruments, unless there is anything repugnant in the sub"ect or context,* .a0 C$uslimC means a person who believes in the unity and oneness of Almighty Allah, in the absolute and un!ualified finality of the Prophethood of $uhammad .peace be upon him0, the last of the prophets, and does not believe in, or recogni)e 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 $uhammad .peace be upon him0; and Cnon*$uslimC means a person who is not a $uslim and includes a person belonging to the (hristian, Hindu, ikh, 5uddhist or Parsi community, a person of the %uadiani Droup or the 8ahori Droup who call themselves LAhmadisL or by any other name or a 5ahai, and a person belonging to any of the cheduled (astes-

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$11. Pe"!#n ac in& in #))ice n# # be "e&a"ded a! !ucce!!#" # p"e(i#u! #ccupan #" #))ice. e c- &or the purposes of the (onstitution, 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$1$. :"e&#"ian calenda" # be u!ed- &or the purpose of the (onstitution, period of time shall be reckoned according to the Dregorian calendar$1*. :ende" and nu%be"- #n the (onstitution,* .a0 .b0 words importing the masculine gender shall be taken to include females; and words in the singular shall include the plural, and words in the plural shall include the singular-

$1,. E))ec #) "epeal #) la-!- Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the (onstitution, the repeal shall not, except as otherwise provided in the constitution,*

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revive anything not in force or existing at the time at which the repeal takes effect; affect the previous operation of the law or anything duly done or suffered under the law; affect any right, privilege, obligation or liability ac!uired, accrued or incurred under the law; affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealedCHAPTER 1.9TITLE. COMMENCEMENT AN3 REPLEA $1/. Ti le #) C#n! i u i#n and c#%%ence%en - ./0 3his (onstitution shall be known as the (onstitution of the #slamic 1epublic of Pakistan.20 ub"ect to clauses .70 and .>0, the (onstitution 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 Da)ette, appoint, in the (onstitution referred to as the Ccommencing day-C .70 .a0 .b0 .c0 .d0 3he (onstitution shall, to the extent necessary* for the constitution of the first enate; for the first meeting of a House or a "oint sitting to be held; for the election of the President and the Prime $inister to be held; and to enable any other thing to be done which, for the purposes of the (onstitution, it is necessary to do before the commencing day,

come into force upon the enactment of the (onstitution, but the person elected as President or Prime $inister shall not enter upon his office before the commencing day.>0 Where by the (onstitution 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 (ourt or office, or the appointment of any +udge 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 (onstitution and its commencement$11. Repeal- 3he #nterim (onstitution of the #slamic 1epublic of Pakistan, together with the Acts and PresidentLs 9rders making omissions from, additions to, modifications of, or amendments in, that (onstitution is hereby repealedCHAPTER 2.9TRANSITIONAL $12. P#-e" #) P"e!iden # "e%#(e di))icul ie! - ./0 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 (onstitution into effective operation, by 9rder, direct that the provisions of the (onstitution shall, during such period as may be specified in the 9rder, have effect, sub"ect to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.20 An 9rder made under clause ./0 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 "oint sitting-

A$12A. P#-e" # "e%#(e di))icul ie!- ./0 #f any difficulty arises in giving effect to the provisions of the (onstitution .<ighteenth Amendment0 Act, 2=/=, hereinafter in this Article referred to as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Houses in a "oint 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, sub"ect to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient4
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Provided that this power shall be available for a period of one year from the commencement of the Act$12B- Re%#(al #) d#ub - &or removal of doubt it is hereby declared that Article /?2A omitted and Articles /EG and /G? substituted by the (onstitution . eventeenth Amendment0 Act, 2==7 .Act 'o- ### of 2==70, notwithstanding its repeal, shall be deemed always to have been so omitted and substituted-A
$14. C#n inuance in )#"ce. and adap a i#n #) ce" ain la-! - ./0 <xcept as provided by this Article, all existing laws shall, sub"ect to the (onstitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate 8egislature.20
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.70 &or the purpose of bringing the provisions of any existing law into accord with the provisions of the (onstitution .other than Part ## of the (onstitution0, the President may by 9rder, 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 9rder 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 9rder.>0 3he President may authorise the Dovernor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause .70 in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.?0 3he powers exercisable under clauses .70 and .>0 shall be sub"ect to the provisions of an Act of the appropriate 8egislature.B0 Any court, tribunal or authority re!uired or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an 9rder made under clause .70 or clause .>0, construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the (onstitution.E0 #n this Article, Cexisting lawsC means all laws .including 9rdinances, 9rders*in*(ouncil, 9rders, rules, by*laws, regulations and 8etters Patent constituting a High (ourt, and any notifications and other legal instruments having the force of law0 in force in Pakistan or any part thereof, or having extraterritorial validity, immediately before the commencing dayE+plana i#n.9 #n this Article, Cin forceC, in relation to any law, means having effect as law whether or not the law has been brought into operation172 173

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following Article 2BF.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.20 3he laws specified in the ixth chedule shall not be altered, repealed or amended, expressly or impliedly, without the previous sanction of the President accorded after consultation with the Prime $inisterA4 Provided that the laws mentioned at entries 2E to 7= and entry 7? in the ixth chedule shall stand omitted after six years-

$15. ?alida i#n #) la-!. ac !. e c- ./0 All Proclamations, PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders and all other laws made between the twentieth day of ,ecember, one thousand nine hundred and seventy*one and the twentieth day of April, one thousand nine hundred and seventy*two .both days inclusive0, are hereby declared notwithstanding any "udgment of any (ourt, to have been validly made by competent authority and shall not be called in !uestion in any court on any ground whatsoever.20 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 ,ecember, one thousand nine hundred and seventy*one, and the twentieth day of April, one thousand nine hundred and seventy*two .both days inclusive0 in exercise of the powers derived from any PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders, 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 "udgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in !uestion in any court on any ground whatsoever.70 'o 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 .20 or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers$26. Te%p#"a"0 (alida i#n #) ce" ain la-!. e c - ./0 $a"lis*e* hoora .Parliament0 may by law made in the manner prescribed for legislations for a matter in Part # of the &ederal 8egislative 8ist validate all Proclamations, PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders and other laws made between the twenty*fifth day of $arch, one thousand nine hundred and sixty*nine, and the nineteenth day of ,ecember, one thousand nine hundred and seventy*one .both days inclusive0.20 'otwithstanding a "udgment of any court, a law made by $a"lis*e* hoora .Parliament0 under clause ./0 shall not be !uestioned in any court on any ground, whatsoever.70 'otwithstanding the provisions of clause ./0, and a "udgment 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 ./0 shall not be called in !uestion before any court on any ground whatsoever.>0 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 $arch, one thousand nine hundred and sixty*nine and nineteenth day of ,ecember, one thousand nine hundred and seventy*one .both days inclusive0, in exercise of powers derived from any PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders, 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 "udgment 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 $a"lis*e* hoora .Parliament0 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 "oint sitting and shall not be called in !uestion before any court on any ground, whatsoever$26A. A))i"%a i#n #) P"e!iden ;! O"de"!. e c- ./0 3he Proclamation of the fifth day of +uly, /GEE, all PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial 8aw 9rders, including the 1eferendum 9rder, /GF> .P- 9- 'o- // of /GF>0,

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@HHHA the 1evival of the (onstitution of /GE7 9rder, /GF? .P- 9- 'o- /> of /GF?0, the (onstitution . econd Amendment0 9rder /GF? .P- 9- 'o- 2> of /GF?0, and all other laws, made between the fifth day of +uly, /GEE, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any "udgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the (onstitution, shall not be called in !uestion in any court on any ground whatsoever4 Provided that a PresidentLs 9rder, $artial 8aw 1egulation or $artial 8aw 9rder made after the thirtieth day of eptember, /GF?, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of +uly, /GEE.20 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 +uly, /GEE, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial 8aw 9rders, 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 "udgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in !uestion in any court on any ground whatsoever.70 All PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial 8aw 9rders, 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 authorityE+plana i#n. #n this clause, competent authority means,* .a0 in respect of PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial 8aw 9rders and enactments, the 8egislature; and 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-

.b0

.>0 'o 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 .20 or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.?0 &or the purposes of clauses ./0, .20 and .>0, 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-

@.B0 3he laws referred to in clause ./0 may be amended by the appropriate 8egislature in the manner provided for amendment of such laws-A
174

/E?

3he following words omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=under which, in conse!uence of the result of the referendum held on the nineteenth day of ,ecember /GF>, Deneral $uhammad Ria* ul*Ha! became the President of Pakistan on the day of the first meeting of the $a"lis*e* hoora .Parliament0 in "oint sitting for the term specified in clause .E0 of Article >/, 175 3he following Article 2E=A.B0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=.B0 uch of the PresidentLs 9rders and 9rdinances referred to in clause ./0 as are specified in the eventh chedule may be amended in the manner provided for amendment of the (onstitution, and all other laws referred to in the said clause may be amended by the appropriate 8egislature in the manner provided for amendment of such lawsE+plana i#n. #n this Article, CPresidentLs 9rdersC includes CPresident and (hief $artial 8aw AdministratorLs 9rdersC and C(hief $artial 8aw AdministratorLs 9rders-C

A$26AA. 3ecla"a i#n and c#n inuance #) la-! e c- ./0 3he Proclamation of <mergency of the fourteenth day of 9ctober, /GGG, the Provisional (onstitution 9rder 'o-/ of /GGG, the 9ath of 9ffice .+udges0 9rder, 2=== .'o-/ of 2===0, (hief <xecutiveLs 9rder 'o- /2 of 2==2, (hief <xecutiveLs 9rder 'o-/G of 2==2, the amendments made in the (onstitution through the 8egal &ramework 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2> of 2==20, the 8egal &ramework .Amendment0 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2G of 2==20 and the 8egal &ramework . econd Amendment0 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 72 of 2==20, notwithstanding any "udgment of any court including the upreme (ourt or a High (ourt, are hereby declared as having been made without lawful authority and of no legal effect121

.20 <xcept as provided in clause ./0 and sub"ect to the provisions of the (onstitution .<ighteenth Amendment0 Act, 2=/=, all laws including PresidentLs 9rders, Acts, 9rdinances, (hief <xecutiveLs 9rders, regulations, enactments, notifications, rules, orders or bye*laws made between the twelfth day of 9ctober, one thousand nine hundred and ninety*nine and the thirty*first day of ,ecember, two thousand and three .both days inclusive0 and still in force shall, continue to be in force until altered, repealed or amended by the competent authorityExplanation,- &or the purposes of clause .20 and clause .B0, Ccompetent authorityC means,*

176

3he following Article 2E=AA substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=$269AA ?alida i#n and a))i"%a i#n #) la-!. e c.H ./0 3he Proclamation of <mergency of the fourteenth day of 9ctober, /GGG, all PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders, including the Provisional (onstitution 9rder 'o- / of /GGG, the 9ath of 9ffice .+udges0 9rder, 2=== .'o- / of 2===0, (hief <xecutiveLs 9rder 'o- /2 of 2==2, the amendments made in the (onstitution through the 8egal &ramework 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2> of 2==20, the 8egal &ramework .Amendment0 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2G of 2==20, the 8egal &ramework . econd Amendment0 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 72 of 2==20 and all other laws made between the twelfth day of 9ctober, one thousand nine hundred and ninety*nine and the date on which this Article comes into force .both days inclusive0, 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 (onstitution shall not be called in !uestion in any court or forum on any ground whatsoever.20 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 9ctober, one thousand nine hundred and ninety*nine, and the date on which this Article comes into force .both days inclusive0, in exercise of the powers derived from any Proclamation, PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders, enactments, including amendments in the (onstitution, 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 "udgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in !uestion in any court or forum on any ground whatsoever.70 All Proclamations, PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders, laws, regulations, enactments, including amendments in the (onstitution, 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 authorityE+plana i#nH #n this clause,C competent authorityC means,* .a0 in respect of PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders and enactments, including amendments in the (onstitution, the appropriate 8egislature; and .b0 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.>0 'o 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 .20 or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.?0 &or the purposes of clauses ./0, .20 and .>0, 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

.a0 .b0

in respect of PresidentsL 9rders, 9rdinances, (hief <xecutiveLs 9rders and all other laws, the appropriate 8egislature; and 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-

.70 'otwithstanding anything contained in the (onstitution or clause ./0, or "udgment of any court including the upreme (ourt or a High (ourt,* .a0 +udges of the upreme (ourt, High (ourts and &ederal hariat (ourt who were holding the office of a +udge or were appointed as such, and had taken oath under the 9ath of 9ffice .+udges0 9rder, 2===, ./ of 2===0, shall be deemed to have continued to hold the office as a +udge or to have been appointed as such, as the case may be, under the (onstitution, and such continuance or appointment, shall have effect accordingly+udges of the upreme (ourt, High (ourts and &ederal hariat (ourt who not having been given or taken oath under the 9ath of 9ffice of .+udges0 9rder, 2=== ./ of 2===0, and ceased to hold the office of a +udge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the (onstitution till their date of superannuation-

.b0

.>0 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 9ctober, one thousand nine hundred and ninety*nine and the thirty first day of ,ecember, two thousand and three .both days inclusive0, in exercise of the powers derived from any authority or laws mentioned in clause .20, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in clause ./0, be deemed to be valid and shall not be called in !uestion in any court or forum on any ground whatsoever.?0 'o 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 .20 or clause .>0 or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.B0 'otwithstanding omission of the (oncurrent 8egislative 8ist by the (onstitution .<ighteenth Amendment0 Act, 2=/=, all laws with respect to any of the matters enumerated in the said 8ist .including 9rdinances, 9rders, rules, bye*laws, regulations and notifications and other legal instruments having the force of law0 in force in Pakistan or any part thereof, or having extra*territorial operation, immediately before the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=, shall continue to remain in force until altered, repealed or amended by the competent authority.E0 'otwithstanding anything contained in the (onstitution, all taxes and fees levied under any law in force immediately before the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=, shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature-

.F0 9n the omission of the (oncurrent 8egislative 8ist, the process of devolution of the matters mentioned in the said 8ist to the Provinces shall be completed by the thirtieth day of +une, two thousand and eleven.G0 &or purposes of the devolution process under clause .F0, the &ederal Dovernment shall constitute an #mplementation (ommission as it may deem fit within fifteen days of the commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=-A
270AAA. Validation and affirmation of laws etc- ./0 3he Proclamation of <mergency of 7rd 'ovember, 2==E, all PresidentLs 9rders, 9rdinances, (hief of Army taff 9rders, including the Provisional (onstitution 9rder 'o- / of 2==E, the 9ath of 9ffice .+udges0 9rder, 2==E, the amendments made in the (onstitution through the (onstitution .Amendment0 9rder, 2==E and all other laws made between the 7rd day of 'ovember, 2==E and the date on which the Proclamation of <mergency of the 7rd day of 'ovember, 2==E, is revoked .both days inclusive0, are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the (onstitution shall not be called in !uestion in any court or forum on any ground whatsoever.20 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 $ade, taken or done, on or after the 7rd day of 'ovember, 2==E in exercise of the powers derived from any Proclamation, Provisional (onstitution 9rder 'o / of 2==E, PresidentLs 9rders, 9rdinances, enactments, including amendments in the (onstitution, notification, rules, orders, bye*haws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in the (onstitution or any "udgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in !uestion in any court or forum on any ground whatsoever.70 All proclamations, PresidentLs 9rders, 9rdinances, (hief of Army taff 9rders, laws, regulations, enactments, including amendments in the (onstitution, notifications, rules, orders or bye*laws in force immediately before the date on which the Proclamation of <mergency of the 7rd day of 'ovember, 2==E is revoked, shall continue in force until altered, repealed or amended by the competent authorityExplanation.- #n this clause, Ccompetent authorityC means,* .a0 in respect of PresidentLs 9rders, 9rdinances, (hief of Army taff 9rders and enactments, including amendments in the (onstitution, the appropriate 8egislature; and 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-

.b0

.>0 'o prosecution or any other legal proceedings, including but not limited to suits, constitutional petitions or complaints, shall, notwithstanding anything contained in the (onstitution or any other law for the time being inforce; lie in any court, forum or authority against any person or authority on account of or in respect of issuance of any of the legal instruments referred to in clause ./0 and on account of or in respect of any action taken by the (hief of Army taff, the President or any other authority in exercise or purported exercise of the powers referred to in clause .20.?0 &or the purpose of clauses ./0, .20 and .>0, all orders made, proceedings taken, appointments made, including secondments and deputation, 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$26B. Elec i#n! # be dee%ed # be held unde" C#n! i u i#n - 'otwithstanding anything contained in the (onstitution, the elections held under the Houses of .Parliament0 and Provincial Assemblies .<lections0 9rder, /GEE /EE@and the (onduct of Deneral <lections 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-E of 2==20,A to the Houses and the Provincial Assemblies, and the Deneral <lections 2==F to the 'ational Assembly and the Provincial Assemblies shall be deemed to have been held under the (onstitution and shall have effect accordingly-

A$26BB. :ene"al Elec i#n! $664- 'otwithstanding anything contained in the (onstitution or any other law for the time being in force, the Deneral <lections 2==F, to the 'ational Assembly and the Provincial Assemblies held on the eighteenth day of &ebruary, two thousand and eight shall be deemed to have been held under the (onstitution and shall have effect accordingly-A
124

$26C. Oa h #) #))ice #) Dud&e!. e c- ./0 'otwithstanding anything contained in the (onstitution, all persons appointed as +udges of the upreme (ourt, High (ourts and &ederal hariat (ourt who have taken oath under the 9ath of 9ffice .+udges0 9rder, 2=== ./ of 2===0, or the 9ath of 9ffice .+udges0 9rder, 2==E or not having been given or taken oath under the said 9rder have ceased to continue to hold the office of a +udge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the (onstitution and such appointment or cession of office shall have effect accordingly.20 'otwithstanding anything contained in the (onstitution or any other law for the time being in force,* a +udge including the (hief +ustice, of the upreme court, a High (ourt or &ederal hariat (ourt who had, not been given or taken oath under the 9ath of 9ffice .+udges0 9rder, 2==E had ceased to hold office on and with effect from the 7 rd day of 'ovember, 2==E; and
(i)

a +udge including the (hief +ustice, of the upreme (ourt, a High (ourt and &ederal shariat (ourt appointed andS or continued as such "udge or (hief +ustice by virtue of the 9ath of 9ffice .+udges0 9rder, 2==E, shall, on revival of the (onstitution, take oath as set out in the 3hird chedule and shall be deemed to have been appointed, andS or shall continue to hold office, under the constitution(ii)

$21. Fi"! Na i#nal A!!e%bl0- ./0 'otwithstanding anything contained in the (onstitution, but sub"ect to Article B7, Article B> and Article 227,* .a0 the first 'ational Assembly shall consist of* .i0 persons who have taken oath in the 'ational Assembly of Pakistan existing immediately before the commencing day; and the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause .2A0 of Article ?/,

.ii0

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy*seven; and reference to Ctotal membershipC of the 'ational Assembly in the (onstitution shall be construed accordingly; .b0 the !ualifications and dis!ualifications for being elected and being a member of the first 'ational Assembly shall, except in case of members filling casual vacancies, or to be elected to the additional

177

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=, and shall be deemed always to have been so inserted w-e-f- 2/*=F*2==2178 #nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

seats referred to in clause .2A0 of Article ?/, after the commencing day, be the same as under the #nterim (onstitution of the #slamic 1epublic of Pakistan4 Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first 'ational Assembly after the expiration of three months from the commencing day.20 #f a person referred to in paragraph .a0 of clause ./0 is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the 'ational Assembly or the Provincial Assembly until he resigns one of his seats.70 A casual vacancy in a seat in the first 'ational Assembly, including a vacancy in a seat in the 'ational 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 conse!uent upon his incurring a dis!ualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.>0 A person referred to in paragraph .a0 of clause ./0 shall not sit or vote in the 'ational Assembly until he has made the oath prescribed by Article B? and, if, without the leave of the peaker of the 'ational 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$2$. Fi"! c#n! i u i#n #) Sena e- 'otwithstanding anything contained in the (onstitution, but sub"ect to Article B7 and Article 227,* .a0 the enate shall, until the first 'ational Assembly under the (onstitution continues in existence, consist of forty*five members and the provisions of Article ?G shall have effect as if, in paragraph .a0 of clause ./0 thereof, for the word CfourteenC the word CtenC and in paragraph .b0 of that clause for the word CfiveC the word CthreeC, were substituted, and reference to Ctotal membershipsC of the enate in the (onstitution shall be construed accordingly; the members elected or chosen as members of the enate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the &ederally Administered 3ribal Areas and one member from the &ederal (apital and the second group consisting of five members from each Province one member from the said Areas and one member from the &ederal (apital; the term of office of members of the first group and of the second group shall respectively be two years and four years; the term of office of persons elected or chosen to succeed the members of the enate at the expiration of their respective terms shall be four years; 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; as soon as the first general election to the 'ational Assembly is held, there shall be elected to the enate four additional members from each Province and two additional members from the &ederally Administered 3ribal Areas; and the term of office of such half of the members elected under paragraph .f0 as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the

.b0

.c0 .d0

.e0

.f0

.g0

term of office of the other half shall be the unexpired term of the members of the second group$2*. Fi"! P"#(incial A!!e%bl0- ./0 'otwithstanding anything contained in the (onstitution, but sub"ect to Article B7, Article B> and Article 227,* .a0 the first Assembly of a Province under the (onstitution shall consist of .i0 .ii0 the members of the Assembly of that Province in existence immediately before the commencing day, and the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause .70 of Article /=B,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy*seven; and reference to Ctotal membershipC of the Assembly of a Province in the (onstitution shall be construed accordingly; .b0 the !ualifications and dis!ualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause .70 of Article /=B, after the commencing day, be the same as were provided in the #nterim (onstitution of the #slamic 1epublic of Pakistan4 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.20 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 conse!uent upon his incurring a dis!ualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.70 A member referred to in paragraph .a0 of clause ./0 shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article B? read with Article /2E and, if, without leave of the peaker 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$2,. ?e! in& #) p"#pe" 0. a!!e !. "i&h !. liabili ie! and #bli&a i#n! - ./0 All property and assets which, immediately before the commencing day, were vested in the President or the &ederal Dovernment shall, as from that day, vest in the &ederal Dovernment unless they were used for purposes which, on that day, became purposes of the Dovernment of a Province, in which case they shall, as from that day, vest in the Dovernment of the Province.20 All property and assets which, immediately before the commencing day, were vested in the Dovernment of a Province, shall, as from that day, continue to be vested in the Dovernment of that Province, unless they were used for purposes, which on that day, became purposes of the &ederal Dovernment in which case they shall, as from that day, vest in the &ederal Dovernment.70 All rights, liabilities and obligations of the &ederal Dovernment or of the Dovernment 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 &ederal Dovernment or of the Dovernment of the Province, except that*

.a0

all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the &ederal Dovernment, but which under the (onstitution, has become the responsibility of the Dovernment of a Province, shall devolve upon the Dovernment of that Province; and all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Dovernment of a Province, but which under the (onstitution, has become the responsibility of the &ederal Dovernment, shall devolve upon the &ederal Dovernment-

.b0

$2/. C#n inuance in #))ice #) pe"!#n! in !e"(ice #) Pa<i! an. e c - ./0 ub"ect to the (onstitution and until law is made under Article 2>= 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 #nterim (onstitution of the #slamic 1epublic of Pakistan immediately before that day.20 (lause ./0 shall also apply in relation to a person holding office immediately before the commencing day as* .a0 .b0 .c0 .d0 .e0 .f0 .g0 (hief +ustice of Pakistan or other +udge of the (hief +ustice or other +udge of a High (ourt; Dovernor of a Province; (hief $inister of a Province; peaker or ,eputy peaker of the 'ational Assembly or a Provincial Assembly; (hief <lection (ommissioner; Attorney*Deneral for Pakistan or Advocate*Deneral for a Province; and Auditor*Deneral of Pakistanupreme (ourt, or

.70 'otwithstanding anything contained in the (onstitution, for a period of six months from the commencing day, a &ederal $inister or a $inister of tate or the (hief $inister of a Province or a Provincial $inister may be a person who is not a member of $a"lis*e* hoora .Parliament0 or, as the case may be, the Provincial Assembly of that Province; and such (hief $inister and Provincial $inister 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.>0 Any person who under this Article, is continued in an office in respect of which a form of oath is set out in the 3hird chedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.?0 .a0 ub"ect to the (onstitution and law* all civil, criminal and revenue (ourts exercising "urisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective "urisdictions and functions; and all authorities and all offices .whether "udicial, executive, revenue or ministerial0 throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions-

.b0

$21. Oa h #) )i"! P"e!iden - 'otwithstanding anything contained in the (onstitution, the first President may, in the absence of the (hief +ustice of Pakistan, make the oath referred to in Article >2 before the peaker of the 'ational Assembly-

$22. T"an!i i#nal. )inancial p"#(i!i#n! - ./0 3he schedule of authori)ed expenditure authenticated by the President for the financial year ending on the thirtieth day of +une, one thousand nine hundred and seventy*four, shall continue to remain a valid authority for expenditure from the &ederal (onsolidated &und for that year.20 3he President may, in respect of expenditure of the &ederal Dovernment for any financial year preceding the &inancial year commencing on the first day of +uly, one thousand nine hundred and seventy*three .being expenditure in excess of the authori)ed expenditure for that year0, authori)e the withdrawal of money from the &ederal (onsolidated &und.70 3he provisions of clauses ./0 and .20 shall apply to and in relation to a Province, and for that purpose* .a0 .b0 .c0 any reference in those provisions to the President shall be read as a reference to the Dovernor of the Province; any reference in those provisions to the &ederal Dovernment shall be read as a reference to the Dovernment of the Province; and any reference in those provisions to the &ederal (onsolidated &und shall read as a reference to the Provincial (onsolidated &und of the Province-

$24. Acc#un ! n# audi ed be)#"e c#%%encin& da0 - 3he Auditor*Deneral 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 (onstitution, he is empowered to perform or exercise in relation to other accounts, and Article /E/ shall, with the necessary modifications, apply accordingly$25. C#n inuance #) a+e!- 'otwithstanding anything contained in the (onstitution, 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 8egislature$46. C#n inuance #) P"#cla%a i#n #) E%e"&enc0- 3he Proclamation of <mergency issued on the twenty*third day of 'ovember, one thousand nine hundred and seventy*one, shall be deemed to be a Proclamation of <mergency issued under Article 272, and for the proposes of clause .E0 and clause .F0 thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made and shall not be called in !uestion in any court on the ground of inconsistency with any of the rights conferred by (hapter / of Part ##-

ANNEF =A" icle $A> The Ob'ec i(e! Re!#lu i#n

(In the name of Allah, the most Beneficent, the most Merciful.) Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the tate of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust; 3his (onstituent Assembly representing the people of Pakistan resolves to frame a (onstitution for the sovereign independent tate of Pakistan; Wherein the tate shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, e!uality, tolerance and social "ustice as enunciated by #slam shall be fully observed; Wherein the $uslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and re!uirements of #slam as set out in the Holy %uran and the unnah; Wherein ade!uate provision shall be made for the minorities to and practice their religions and develop their cultures;
/EG

@freelyA profess

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 &ederation 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 e!uality of status, of opportunity and before law, social, economic and political "ustice, and freedom of thought, expression, belief, faith, worship and association, sub"ect to law and public morality; Wherein ade!uate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the +udiciary shall be fully secured; Wherein the integrity of the territories of the &ederation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; o 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 humanity9999999

179

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

FIRST SCHE3ULE AA" icle 4=*>=b> and =,>C La-! e+e%p ed )"#% he #pe"a i#n #) A" icle 4=1> and =$> PART I I. /2/2 7>?BPresident's Orders

3he Acceding tate .Property0 9rder, /GB/ .P- 9- 'o- /2 of /GB/03he <conomic 1eforms 9rder, /GE2 .P- 9- 'o- / of /GE20II. e!"lations 3he 8and 1eforms 1egulation, /GE23he 8and 1eforms .5alochistan Pat &eeder (anal0 1egulation, /GE23he <conomic 1eforms .Protection of #ndustries0 1egulation, /GE23he ,istribution of Property .(hitral0 1egulation, /GE> .## of /GE>03he ettlement of ,isputes of #mmovable Property .(hitral0 1egulation, /GE> .### of /GE>03he ,ir and wat .,evolution and ,istribution of Property and ettlement of ,isputes of #mmovable Property0 .Amendment0 1egulation, /GE? .## of /GEB03he ettlement of ,isputes of #mmovable Property .(hitral0 .Amendment0 1egulation /GEB .## of /GEB0III. #ederal Acts 3he 8and 1eforms .Amendment0 Act, /GE> .OOO of /GE>03he 8and 1eforms .Amendment0 Act, /GE? .OOO#O of /GE?03he &lour $illing (ontrol and ,evelopment Act, /GEB .8P## of /GEB03he 1ice $illing (ontrol and ,evelopment Act, /GEB .8P### of /GEB03he (otton Dinning (ontrol and ,evelopment Act, /GEB .8#O of /GEB0IV. Ordinance Prom"l!ated B$ %&e President

E-

/27>?-

3he 8and 1eforms .Amendment0 9rdinance, /GE? .OO# of /GE?0, and the &ederal Act enacted to replace the said 9rdinanceV. /2Pro'incial Acts 3he 8and 1eforms .5alochistan Amendment0 Act, /GE> .5alochistan Act O# of /GE>0 3he 8and 1eforms .Pat &eeder (anal 1egulation0 .Amendment0 Act, /GE? .5alochistan Act P## of /GE?-0 VI. Pro'incial Ordinance PART II I. /27>President's Orders 3he $inerals .Ac!uisition and 3ransfer0 9rder, /GB/ .P- 9- 'o- F of /GB/03he (ompanies .$anaging Agency and <lection of ,irectors0 9rder, /GE2 .P- 9- 'o- 2 of /GE203he (ooperative ocieties .1eforms0 9rder, /GE2 .P- 9- 'o- G of /GE203he 8ife #nsurance .'ationali)ation0 9rder, /GE2 .P- 9- 'o- /= of /GE20-

3he 8and 1eforms .Pat &eeder (anal0 .Amendment0 9rdinance, /GEB-

?BEF-

3he $artial 8aw .Pending Proceedings0 9rder, /GE2 .P- 9- 'o- /> of /GE203he 1ulers of Acceding tates Acceding tates .Abolition of Privy Purses and Privileges0 9rder, /GE2 .P- 9- 'o- /? of /GE203he #ndustrial anctions and 8icences .(ancellation0 9rder, /GE2 .P- 9'o- /B of /GE203he (riminal 8aw Amendment . pecial (ourt0 9rder, /GE2 .P-9- 'o- 2= of /GE20II. e!"lations 1awalpindi .1e!uisition of Property0 1egulation, /G?G3he Pakistan (apital 1egulation, /GB=3he crutiny of (laims .<vacuee Property0 1egulation, /GB/3he #ncome 3ax .(orrection of 1eturns and &alse ,eclaration0 1egulation, /GBG3he #mproper Ac!uisition of Property 1egulation, /GBG3he 1emoval from ervice . pecial Provisions0 1egulation, /GBG3he 8iving 5eyond 9stensible $eans .Punishment0 1egulation, /GBG3he Dovernment Agricultural 8and .1ecovery of #llegal Possession0 1egulation, /GBG3he <nemy Property .Payment of $oney ,ue to <nemy0 1egulation, /GE=3he Withdrawal of (urrency 'otes .High ,enomination0 1egulation, /GE/-

/27>?BEFG/=-

//3he Price of <vacuee Property and Public ,ues .1ecovery0 1egulation, /GE//2/7/>/?/B/E/F3he Peshawar ,istrict and 3ribal Areas . ettlement of ,isputes0 1egulation, /GE/3he (onvention $uslim 8eague and Awami 8eague . crutiny of &unds0 1egulation, /GE/3he &oreign <xchange 1epatriation 1egulation, /GE23he &oreign Assets .,eclaration0 1egulation, /GE23he 1emoval from ervice .1eview Petition0 1egulation, /GE23he Privately $anaged /GE2chools and (olleges .3aking 9ver0 1egulation,

3he <nemy Property .1evocation of ales0 1egulation, /GE2wat .,evolution and ,istribution of Property0 1egulation,

/G3he ,ir and /GE22=2/22272>/2-

3he ,ir and wat . ettlement of ,isputes of #mmovable Property0 1egulation, /GE23he West Pakistan #ndustrial ,evelopment (orporation .1evocation of ale or 3ransfer0 1egulation, /GE23he 'ational Press 3rust . uspension of 5oard of 3rustees and ,irectors0 1egulation, /GE23he (ooperative 5anks .1epayment of 8oans0 .Pun"ab0 1egulation /GE23he (ooperative ocieties .1epayment of 8oans0 . indh0 1egulation, /GE2III. Ordinances Prom"l!ated ($ %&e President 3he (ontrol of hipping 9rdinance, /G?G .O### of /G?G03he +ammu and 6ashmir .Administration of Property0 9rdinance, /GB/ .### of /GB/0-

7>?B-

3he $uslim &amily 8aws 9rdinance, /GB/ .P### of /GB/03he ecurity of Pakistan .Amendment0 9rdinance, /GB/ .O#P of /GB/03he Associated Press of Pakistan .3aking 9ver0 9rdinance, /GB/ .OO of /GB/03he 3rade 9rgani)ations 9rdinance, /GB/ .O8P of /GB/0IV. #ederal Acts

3he (ensorship of &ilms Act, /GB7 .OP### of /GB70 V. /27>VI. /2Ordinances Prom"l!ated B$ %&e )o'ernor of #ormer Pro'ince Of *est Pa+istan 3he West Pakistan Dovernment <ducational and 3raining #nstitutions 9rdinance, /GB= .W- P- 9rdinance 'o- O# of /GB=03he West Pakistan Wa!f Properties 9rdinance, /GB/ .W- P- 9rdinance 'oOOP### of /GB/03he ocieties 1egistration .West Pakistan Amendment0 9rdinance, /GB2 .W- P- 9rdinance 'o- #O of /GB203he West Pakistan #ndustries .(ontrol on <stablishment and <nlargement0 9rdinance, /GB7 .W- P- 9rdinance 'o- #P of /GB70Ordinances Prom"l!ated B$ t&e )o'ernor Of %&e ,ort&-*est #rontier Pro'ince. 3he 'orth*West &rontier Province Dovernment <ducational and 3raining #nstitutions 9rdinance, /GE/ .'- W- &- P- 9rdinance 'o- ### of /GE/03he 'orth*West &rontier Province (hashma 1ight 5ank (anal Pro"ect .(ontrol and Prevention of peculation in 8and0 9rdinance, /GE/ .'- W- &P- 9rdinance 'o- P of /GE/03he 'orth*West &rontier Province Domal Ram Pro"ect .(ontrol and Prevention of peculation in 8and0 9rdinance, /GE/ .'- W- &- P- 9rdinance 'o- P### of /GE/0SECON3 SCHE3ULE AA" icle ,1=*>C Elec i#n #) P"e!iden /23he (hief <lection (ommissioner shall hold and conduct election to the office of President, and shall be the 1eturning 9fficer for such election3he (hief <lection (ommissioner appoint Presiding 9fficers to preside at the meeting of the members of $a"lis*e* hoora .Parliament0 and at the meetings of the members of the Provincial Assemblies3he (hief <lection (ommissioner 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 necessaryAt any time before noon on the day fixed for nomination any member of the $a"lis*e* hoora .Parliament0 or of a Provincial Assembly may nominate for election as President a person !ualified for election as President by delivering to the Presiding 9fficer a nomination paper, signed by himself as proposer and by another member of the $a"lis*e* hoora .Parliament0 or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination4 Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election-

7-

7-

>-

?-

3he scrutiny shall be held by the (hief <lection (ommissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the (hief <lection (ommissioner 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 candidatesA 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 9fficer 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#f all but one of the candidates have withdrawn, that one shall be declared by the (hief <lection (ommissioner to be elected#f there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the (hief <lection (ommissioner 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#f a candidate whose nomination has been found to be in order dies after the time fixed for nomination, and a report of his death is received by the Presiding 9fficer before the commencement of the poll, the Presiding 9fficer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the (hief <lection (ommissioner, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election4 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 poll4 Provided further that no person who has under paragraph B of the this chedule 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-

B-

EF-

G-

/=-

3he poll shall be taken at the meetings of $a"lis*e* hoora .Parliament0 and of each Provincial Assembly, and respective Presiding 9fficers shall conduct the poll with the assistance of such officers as they may, with the approval of the (hief <lection (ommissioner, respectively appointA ballot paper shall be issued to every member of $a"lis*e* hoora .Parliament0, and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the $a"lis*e* hoora .Parliament0 or, as the case may be, of the Provincial Assembly of which he is a member .hereinafter referred to as a person voting0, and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs3he poll shall be by secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and person voting shall vote by placing a mark against the name of the person for whom he wishes to vote5allot papers shall be issued from a book of ballot*papers with counterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding 9fficerA 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 9fficer-

//-

/2-

/7-

/>-

/?-

#f a ballot paper is spoiled by a person voting he may return it to the Presiding 9fficer, who shall issue a second ballot paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoilA ballot paper shall be invalid if* .i0 .ii0 .iii0 .iv0 .v0 there is upon it any name, word or mark, by which the person voting may be identified; or it does not contain the initials of the Presiding 9fficer; or it does not contain mark; or a mark is placed against the names of two or more candidates; or there is any uncertainty as to the identity of the candidate against whose name the mark is placed-

/B-

/E-

After the close of the poll each Presiding 9fficer shall, in the presence of such of the candidates or their authori)ed representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, re"ecting 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 (hief <lection./0 3he (hief <lection (ommissioner shall determine the result of the election in the following manner, namely4* .a0 .b0 the number of votes cast in the $a"lis*e* hoora .Parliament0 in favor of each candidate shall be counted; 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 the number of votes calculated in the manner referred to in clause .b0 shall be added to the number of votes counted under clause .a0-

/F-

.c0

E+plana i#nH #n this paragraph, Ctotal number of seatsC includes seats reserved for non*$uslims and women.20 /GA fraction shall be rounded off to the nearest whole3he candidate who has obtained the largest number of votes compiled in the manner specified in paragraph /F shall be declared by the (hief <lection (ommissioner to be electedWhere at any poll any two or more candidates obtain an e!ual number of votes, the selection of the candidate to be elected shall be by drawing of lotsWhen, after any poll, the counting of the votes has been completed, and the result of the voting determined, the (hief <lection (ommissioner shall forthwith announce the result to those present, and shall report the result to the &ederal Dovernment, who shall forthwith cause the result to be declared by a public notification3he (hief (ommissioner may, by public notification, with the approval of the President, make rules for carrying out the purposes of this cheduleTHIR3 SCHE3ULE Oa h! #) O))ice

2=-

2/-

22-

P"e!iden AA" icle ,$C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # am a $uslim and believe in the Unity and 9neness of Almighty Allah, the 5ooks of Allah, the Holy %uran being the last of them, the Prophethood of $uhammad .peace be upon Him0 as the last of the Prophets and that there can be no Prophet after him, the ,ay of +udgment, and all the re!uirements and teachings of the Holy %uran and unnah3hat # will bear true faith and allegiance to Pakistan4 3hat, as President of Pakistan, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan; 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 3hat, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will4 And that # will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be re!uired for the due discharge of my duties as President$ay Allah Almighty help and guide me .ALmeen0P"i%e Mini! e" AA" icle 51 =146/>C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that l am a $uslim and believe in the Unity and 9neness of Almighty Allah, the 5ooks of Allah, the Holy %uran being the last of them, the Prophethood of $uhammad .peace be upon Him0 as the last of the Prophets and that there can be no Prophet after him, the ,ay of +udgment, and all the re!uirements and teachings of the Holy %uran and unnah4 3hat # will bear true faith and allegiance to Pakistan4

180

&igure :7; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

3hat, as Prime $inister of Pakistan, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 3hat, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will4 And that # 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 $inister except as may be re!uired for the due discharge of my duties as Prime $inister$ay Allah Almighty help and guide me .ALmeen0Fede"al Mini! e" #" Mini! e" O) S a e $Arti %e 92 (2)&

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as &ederal $inister .or $inister of tate0; # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 3hat, in all circumstances, # will do right to all manner of people, according to law, without fear or favor, affection or ill* will4 And that # 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 &ederal $inister .or $inister of tate0, except as may be re!uired for the due discharge of my duties as &ederal $inister .or $inister of tate0, or as may be specially permitted by the Prime $inister$ay Allah Almighty help and guide me .ALmeen0****************

SPEAKER OF NATIONAL ASSEMBLI OR CHAIRMAN OF SENATE AA" icle /*= $> and 11C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as peaker of the 'ational Assembly .or (hairman of the enate0 and whenever # am called upon to act as President of Pakistan, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, accordance with the (onstitution of the #slamic 1epublic of Pakistan, the law and as peaker of the 'ational Assembly in accordance with the rules of the Assembly .or as (hairman of the enate in accordance with the rules of the enate0, and always in the interest of the sovereignty, integrity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will$ay Allah Almighty help and guide me .ALmeen0-

,<PU3J P<A6<1 9& 'A3#9'A8 A <$58J 91 (HA#1$A' 9& <'A3< @Article ?7. 20 and B/A

,<PU3J

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, whenever # am called upon to act as peaker of the 'ational Assembly .or (hairman of the enate0, # will discharge my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan, the law and the rules of the

Assembly .or enate0, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill*will$ay Allah Almighty help and guide me .ALmeen0-

MEMBER OF NATIONAL ASSEMBLI OR MEMBER OF SENATE AA" icle 1/C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat as a member of the 'ational Assembly .or enate0, # will perform my functions honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and the rules of the Assembly .or enate0, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 And that # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan$ay Allah Almighty help and guide me .ALmeen0-

:O?ERNOR OF PRO?INCE AA" icle 16$C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4

3hat, as the Dovernor of the Province of TTTTTTTTTTTT, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well*being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 3hat, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill*will4 And that # 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 Dovernor of the Province of TTTTTTTTTTTT except as may be re!uired for the due discharge of my duties as Dovernor$ay Allah Almighty help and guide me .ALmeen0CHIEF MINISTER OR PRO?INCIAL MINISTER AA" icle!1411*6=/> and 1*$= $>C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as a (hief $inister .or $inister0 of the Dovernment of the Province of TTTTTTTTTTTT, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 3hat, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will4 And that # 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 (hief $inister .or $inister0 except as may be re!uired for the due discharge of my duties as (hief $inister .or $inister or as may be specially permitted by the (hief $inister0$ay Allah Almighty help and guide me .ALmeen0-

181

&igure :/7/.>0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

SPEAKER OF A PRO?INCIAL ASSEMBLI AA" icle! /*= $> and 1$2C

.#n the name of Allah, the most 5eneficent, the most $erciful0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as peaker of the Provincial Assembly of the Province of TTTTTTTTTTTT /F2@and whenever # am called upon to act as Dovernor, # will dischargeA my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will$ay Allah Almighty help and guide me .ALmeen0-

3EPUTI SPEAKER OF A PRO?INCIAL ASSEMBLI AA" icle! /*= $> and 1$2C

#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, whenever # am called upon to act as peaker of the Provincial Assembly of the Province of TTTTTTTTTTTT, # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the (onstitution of the #slamic 1epublic 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 Pakistan4 3hat # will strive to preserve the #slamic ideology which is the basis for the creation of Pakistan4 3hat # will not allow my personal interest to influence my official conduct or my official decisions4
182

Words :# will discharge; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill* will$ay Allah Almighty help and guide me .ALmeen0-

MEMBER OF A PRO?INCIAL ASSEMBLI AA" icle! 1/ and 1$2C

.#n the name of Allah, the most 5eneficent the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as a member of the Provincial Assembly of TTTTTTTTTTTT, # will perform my functions honestly to the best of my ability faithfully, in accordance with the (onstitution of the #slamic 1epublic 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 Pakistan4 3hat # will strive to preserve the #slamic #deology which is the basis for the creation of Pakistan4 And that # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 $ay Allah Almighty help and guide me .ALmeen0-

AU3ITOR9:ENERAL OF PAKISTAN AA" icle 114= $>C

.#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as Auditor* Deneral of Pakistan, # will discharge my duties and perform my functions honestly, faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law and to the best of my knowledge, ability and "udgment, without fear or favour, affection or ill* will, and that # will not allow my personal interest to influence my official conduct or my official decisions$ay Allah Almighty help and guide me .ALmeen0-

*******************

CHIEF DUSTICE OF PAKISTAN OR OF A HI:H COURT OR DU3:E OF THE SUPREME COURT OR A HI:H COURT AA" icle! 124 and 15,C .#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as (hief +ustice of Pakistan .or a +udge of the upreme (ourt of Pakistan or (hief +ustice or a +udge of the High (ourt for the Province or Provinces of TTTTTTTTTTTT0 # will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law4 3hat # will abide by the code of conduct issued by the (ouncil4 upreme +udicial

3hat # will not allow my personal interest to influence my official conduct or my official decisions4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favor, affection or ill*will$ay Allah Almighty heap and guide me .ALmeen-0 ***************

14*

ACHIEF DUSTICE OR DU3:E OF THE FE3ERAL SHARIAT COURT AA" icle $6*C =2>C =In he na%e #) Allah. he %#! Bene)icen . he %#! Me"ci)ul.>

#, TTTTTTTTTTTTTTTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan4 3hat, as (hief +ustice of the &ederal hariat (ourt .or a +udge of the &ederal hariat (ourt0, # will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law4
183

3he following 9ath for the (hief +ustice or a +udge of the &ederal hariat (ourt substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=Chie) Du! ice #" Dud&e #) The Fede"al Sha"ia C#u" AA" icle $6* C =2>C .#n the name of Allah the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that, as the (hief +ustice .or a +udge of the &ederal hariat (ourt, # will discharge my duties, and perform my functions, honestly, to the best of my ability and faithfully in accordance with law; And that # will not allow my personal interest to influence my official conduct or my official decisions$ay Allah Almighty help and guide me .ALmeen0-

3hat # will not allow my personal interest to influence my official conduct or my official decisions3hat # will abide by the code of conduct issued by the upreme +udicial (ouncil4 3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic of Pakistan4 And that, in all circumstances, # will do right to all manner of people, according to law, without fear or favour, affection or ill*will$ay Allah Almighty help and guide me .AMmeen0-A
'''''''''''''''''''''

CHIEF ELECTION COMMISSIONER AA" icle $1,C .#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that as (hief <lection (ommissioner # will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law, and without fear or favour, affection or ill* will, and that # will not allow my personal interest to influence my official conduct or my official decisions$ay Allah Almighty help and guide me .ALmeen0*****************

MEMBERS OF THE ARME3 FORCES AA" icle $,,C .#n the name of Allah, the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to Pakistan and uphold the (onstitution of the #slamic 1epublic of Pakistan which embodies the will of the people, that # will not engage myself in any political activities whatsoever and that # will honestly and faithfully serve Pakistan in the Pakistan Army .or 'avy or Air &orce0 as re!uired by and under the law$ay Allah Almighty help and guide me .ALmeen0******************

FOURTH SCHE3ULE AA" icle 26=,>C LE:ISLATI?E LISTS Fede"al Le&i!la i(e Li! PA % I /3he defence of the &ederation or any part thereof in peace or war; the military, naval and air forces of the &ederation and any other armed forces raised or maintained by the &ederation; any armed forces which are not forces of the &ederation but are attached to or operating with any of the Armed &orces of the &ederation including civil armed forces; &ederal #ntelligence 5ureau; preventive detention for reasons of tate connected with defence, external affairs, or the security of Pakistan or any part thereof; person sub"ected to such detention; industries declared by &ederal law to be necessary for the purpose of defence or for the prosecution of war$ilitary, naval and air force works; local self* government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas<xternal affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Dovernments outside Pakistan'ationality, citi)enship and naturali)ation$igration from or into, or settlement in, a Province or the &ederal (apitalAdmission 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 PakistanPosts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; Post 9ffice aving 5ank(urrency, coinage and legal tender&oreign exchange; che!ues, bills of exchange, promissory notes and other like instrumentsPublic debt of the &ederation, including the borrowing of money on the security of the &ederal (onsolidated &und; foreign loans and foreign aid&ederal Public ervices and &ederal Public ervice (ommission &ederal Pensions, that is to say, pensions payable by the &ederation or out of the &ederal (onsolidated &und&ederal 9mbudsmenAdministrative (ourts and 3ribunals for &ederal sub"ects8ibraries, museums, and similar institutions controlled or financed by the &ederation&ederal 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<ducation as respects Pakistani students in foreign countries and foreign students in Pakistan'uclear energy, including4* .a0 mineral resources necessary for the generation of nuclear energy;

2-

7-

>?B-

EFG/=///2/7/>/?/B-

/E/F-

.b0 .c0
/F>

the production of nuclear fuels and the generation and use of nuclear energy, and ioni)ing radiations; and

@.d0 boilersA

/G2=2/22272>2?2B2E-

Port !uarantine, seamenLs and marine hospitals and hospitals connected with port !uarantine$aritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty "urisdiction/F?

@HHHA

Aircraft and air navigation; the provision of aerodromes; regulation and organi)ation of air traffic and of aerodromes8ighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft(arriage of passengers and goods by sea or by air(opyright, inventions, designs, trademarks and merchandise marks9pium so far as regards sale for export#mport and export across customs frontiers as deemed by the &ederal Dovernment, inter*provincial trade and commerce, trade and commerce with foreign countries; standard of !uality of goods to be exported out of Pakistantate 5ank 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 Province3he 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, Dovernment insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assemblytock exchanges and future markets with ob"ects and business not confined to one Province(orporations, 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 ob"ects not confined to a Province, but not including universities#nternational arbitration-A
/FE

2F-

2G-

7=7/-

/FB

@72-

treaties,

conventions

and

agreements

and

#nternational

777>-

@HHHA

'ational highways and strategic roads-

184 185

Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following entry no-2/ omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=$a"or ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein186 3he following entry no-72 of fourth schedule, part*# substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=72'ational planning and national economic coordination including planning and coordination of scientific and technological research187 Words : tate lotteries; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

7?7B7E-

&ederal surveys including geological surveys and &ederal meteorological organi)ations&ishing and fisheries beyond territorial watersWorks, lands and buildings vested in, or in the possession of Dovernment for the purposes of the &ederation .not being military, naval or air force works0, but, as regards property situate in a Province, sub"ect always to Provincial legislation, save in so far as &ederal law otherwise provides/FF

7F7G>=>/-

@HHHA @HHHA

<stablishment of standards of weights and measures/FG

<lections to the office of President, to the 'ational Assembly, the enate and the Provincial Assemblies; (hief <lection (ommissioner and <lection (ommissions3he salaries, allowances and privileges of the President, peaker and ,eputy peaker of the 'ational Assembly, (hairman and ,eputy (hairman of the enate, Prime $inister, &ederal $inister, $inisters of tate, the salaries, allowances and privileges of the members of the enate and the 'ational Assembly, and the punishment of persons who refuse to give evidence or produce documents before committees thereof,uties of customs, including export duties,uties of exercise, including duties on salt, but not including duties on alcoholic li!uors, opium and other narcotics3axes on income other than agricultural income; 3axes on corporations3axes on the sales and purchases of goods imported, exported, produced, manufactured or consumed /G/@, except sales tax on servicesA3axes on the capital value of the assets, not including taxes immovable property/G2

>2-

>7>>-

>?- I >B- /G=@HHHA >E>F >G?=?/?2-

@HHHA on

3axes on mineral oil, natural gas and minerals for use in generation of nuclear energy3axes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries>>,>E,>F and >G or in lieu of any one or more of them3erminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights&ees in respect of any of the matters in this Part, but not including fees taken in any court-

?7?>-

188 189

Words :(ensus; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=3he following entry no->= of fourth schedule, part*# omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=>=<xtension of the powers and "urisdiction 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 "urisdiction in another Province without the consent of the Dovernment of that Province; extension of the powers and "urisdiction of members of a police force belonging to any Province to railway areas outside that Province190 3he following entry no->? I >B of fourth schedule, part*# omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=>?,uties in respect of succession to property>B<state duty in respect of property191 Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=192 Words :on capital gains; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

??-

+urisdiction and powers of all courts, except the upreme (ourt, with respect to any of the matters in this list and, to such extent as is expressly authori)ed by or under the (onstitution, the enlargement of the "urisdiction of the upreme (ourt, and the conferring thereon of supplemental powers9ffences against laws with respect to any of the matters in this Part#n!uiries and statistics for the purposes of any of the matters in this Part$atters which under the (onstitution are within the legislative competence of $a"lis* e* hoora .Parliament0 or relate to the &ederation$atters incidental or ancillary to any matter enumerated in this Part****************** PA % II

?B?E?F?G-

/27-

1ailways$ineral oil and natural gas; li!uids and substances declared by &ederal law to be dangerously inflammable,evelopment of industries, where development under &ederal control is declared by &ederal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the &ederal Dovernment immediately before the (ommencing day, including the Pakistan Water and Power ,evelopment Authority and the Pakistan #ndustrial ,evelopment (orporation; all undertakings, pro"ects and schemes of such institutions, establishments, bodies and corporations, industries, pro"ects and undertakings owned wholly or partially by the &ederation or by a corporation set up by the &ederation@>- <lectricity$a"or ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities thereinAll regulatory authorities established under a &ederal law'ational planning and national economic coordination including planning and coordination of scientific and technological researchupervision and management of public debt(ensus<xtension of the powers and "urisdiction 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 "urisdiction in another Province without the consent of the Dovernment of that Province; extension of the powers and "urisdiction of members of a police force belonging to any Province to railway areas outside that Province8egal, medical and other professionstandards in institutions for higher education and research, scientific and technical institutions#nter*provincial matters and co*ordination-A

/G7

?BEFG/=-

///2/7-

/7/>/?/B/E-

(ouncil of (ommon #nterests&ees in respect of any of the matters in this Part but not including fees taken in any court9ffences against laws with respect to any of the matters in this Parts#n!uiries and statistics for the purposes of any of the matters in this Part$atters incidental or ancillary to any matter enumerated in this Part****************

193

#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-

C#ncu""en Le&i!la i(e Li!

/G>

@HHHA FIFTH SCHE3ULE AA" icle $6/C Re%une"a i#n and Te"%! and C#ndi i#n! #) Se"(ice #) Dud&e! Sup"e%e C#u" Hi&h C#u"

194

3he following (oncurrent 8egislative 8ist and the entries thereto from / to >E omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=/(riminal law, including all matters included in the Pakistan Penal (ode on the commencing day, but excluding offences against laws with respect to any of the matters specified in the &ederal 8egislative 8ist and excluding the use of naval, military and air forces in aid of civil power2(riminal procedure, including all matters included in the (ode of (riminal Procedure, on the commencing day7(ivil procedure, including the law of limitation and all matters included in the (ode of (ivil Procedure on the commencing day, the recovery in a Province or the &ederal (apital of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province><vidence and oath; recognition of laws, public acts and records of "udicial proceedings?$arriage and divorce; infants and minors; adoptionBWills, intestacy and succession, save as regards agricultural landE5ankruptcy and insolvency, administrators* general and official trusteesFArbitrationG(ontracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land/=3rusts and trustees//3ransfer of property other than agriculture land, registration of deeds and documents/2Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the &ederal 8egislative 8ist/71emoval of prisoners and accused persons from one Province to another Province/>Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons sub"ected to such detention/?Persons sub"ected to preventive detention under &ederal authority/B$easures to combat certain offences committed in connection with matters concerning the &ederal and Provincial Dovernments and the establishment of a police force for that purpose/EArms, firearms and ammunition/F<xplosives/G9pium, so far as regards cultivation and manufacture2=,rugs and medicines2/Poisons and dangerous drugs22Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting men, animals or plants27$ental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded2><nvironmental pollution and ecology2?Population planning and social welfare2BWelfare of labor; conditions of labor, provident funds; employerLs liability and workmenLs compensation, health insurance including invalidity pensions, old age pensions2E3rade unions; industrial and labor disputes2F3he setting up and carrying on of labor exchanges, employment information bureaus and training establishments2G5oilers7=1egulation of labor and safety in mines, factories and oil* fields7/Unemployment insurance72hipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways77$echanically propelled vehicles7><lectricity7?'ewspapers, books and printing presses7B<vacuee property7EAncient and historical monuments, archaeological sites and remains7F(urriculum, syllabus, planning, policy, centers of excellence and standards of education7G#slamic education-

The Sup"e%e C#u" /3here shall be paid to the (hief +ustice of Pakistan a salary of 1s- E,G== per mensem, and to every other +udge of the upreme (ourt a salary of 1s- E,>== per mensem<very +udge of the upreme (ourt 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 +udges of the upreme (ourt of Pakistan were entitled3he pension payable to a retired +udge of the upreme (ourt shall not be less than 1s- 7,B== per mensem or more than 1s- >,B== per mensem, depending on the length of his service as +udge in that (ourt or a High (ourt4 Provided that pension payable to a +udge of upreme (ourt shall not be less favorable than that payable to him as such +udge, immediately before the commencing day>3he widow of a +udge of the upreme (ourt shall be entitled to a pension at the following rates, namely * .a0 .b0 if the +udge dies after retirement U ?= percent of the net pension payable to him; or if the +udge dies after having rendered not less than three yearLs service as +udge and while still serving as such U ?= per cent of the pension admissible to him at the minimum rate-

2-

7-

?B-

3he pension shall be payable to the widow for life or, if she remarries, until her marriage#f the widow dies, the pension shall be payable** .a0 .b0 to the sons of the +udge who are less than twenty* one years of age, until they attain that age; and to the unmarried daughters of the +udge who are less than twenty* one years of age, until they attain that age or are married, whichever first occurs-

The Hi&h C#u" /3here shall be paid to the (hief +ustice of a High (ourt a salary of 1s E,2== per mensem and to every other +udge of a High (ourt a salary of 1s- B,?== per mensem<very +udge of a High (ourt 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 +udges of the High (ourt were entitled-

2-

>=>/>2>7>7A>>>?>B>E-

RakatProduction, censorship and exhibition of cinematograph films3ourism8egal medical and other professionsAu!af&ees in respect of any of the matters in this 8ist, but not including fees taken in any court#n!uiries and statistics for the purpose of any of the matters in this 8ist9ffences against laws with respect to any of the matters in this 8ist; "urisdiction and powers of all courts except the upreme (ourt, with respect to any of the matters in this 8ist$atters incidental or ancillary to any matter enumerated in this 8ist-

7-

3he pension payable to a +udge of a High (ourt who retires after having put in not less than five years service as +udge shall not be less than 1s- 2,>== per mensem or more than 1s- >,2== per mensem, depending on the length of his service as +udge and total service, if any, in the service of Pakistan3he widow of a +udge of the High (ourt shall be entitled to a pension at the following rates, namely4* .a0 .b0 if the +udge dies after retirement U ?= per cent of the net pension payable to him; or if the "udge dies after having rendered not less than five years service as +udge and while still serving as such * ?= per cent of the pension admissible to him at the minimum rate-

>-

?B-

3he pension shall be payable to the widow for life, or, if she remarries, until her marriage#f the widow dies, the pension shall be payable** .a0 .b0 to the sons of the +udge who are less than twenty* one years of age, until they attain that age; and to the unmarried daughters of the +udge who are less than twenty* one years of age, until they attain that age or are married, whichever first occursSIFTH SCHE3ULE
15/

ABBBC

195

3he following ixth I eventh chedule omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=AA" icle $14 =$>C La-! n# # be Al e"ed. Repealed #" A%ended -i h#u he P"e(i#u! Sanc i#n #) he P"e!iden /27>?BEFG/=///2/7/>/?/B/E/F/G2=3he #mproper Ac!uisition of Property 1egulation, /GBG3he 1emoval from ervice . pecial Provisions0 1egulation, /GBG3he 8iving 5eyond 9stensible $eans .Punishment0 1egulation, /GBG3he Dovernment Agricultural 8and .1ecovery of #llegal Possession0 1egulation, /GBG3he <nemy Property .Payment of $oney ,ue to <nemy0 1egulation, /GE=3he Withdrawal of (urrency 'otes .High ,enomination0 1egulation, /GE/3he Price of <vacuee Property and Public ,ues .1ecovery0 1egulation, /GE/3he Peshawar ,istrict and 3ribal Areas . ettlement of ,isputes0 1egulation, /GE/3he (onvention $uslim 8eague and Awami 8eague . crutiny of &unds0 1egulation, /GE/3he &oreign <xchange 1epatriation 1egulation, /GE23he &oreign Assets .,eclaration0 1egulation, /GE23he 1emoval from ervice . pecial Provisions0 1egulation, /GE23he 8and 1eforms 1egulation, /GE23he 1emoval from ervice .1eview Petition0 1egulation, /GE23he 8and 1eforms .5aluchistan Pat &eeder (anal0 1egulation, /GE23he Privately $anaged chools and (olleges .3aking 9ver0 1egulation, /GE23he <nemy Property .1evocation of ales0 1egulation, /GE23he ,ir and wat .,evolution and ,istribution of Property0 1egulation, /GE23he ,ir and wat . ettlement of ,isputes of #mmovable Property0 1egulation, /GE23he West Pakistan #ndustrial ,evelopment (orporation .1evision of ales or 3ransfer0 1egulation, /GE23he <conomic 1eforms .Protection of #ndustries0 1egulation, /GE23he 'ational Press 3rust . uspension of 5oard of 3rustees and ,irectors0 1egulation, /GE23he (ooperative 5anks .1epayment of 8oans0 .Pun"ab0 1egulation, /GE23he (ooperative ocieties .1epayment of 8oans0 . ind0 1egulation, /GE2-

2/22272>@'ote /A 2?3he tate 5ank of Pakistan Act, /G?B .OOO### of /G?B02B3he 'ational Accountability 5ureau 9rdinance, /GGG .OP### of /GGG02E3he 5alochistan 8ocal Dovernment 9rdinance, 2==/ .OP### of 2==/02F3he 'orth*West &rontier Province, 8ocal Dovernment 9rdinance, 2==/ .O#P of 2==/02G3he Pun"ab 8ocal Dovernment 9rdinance, 2==/ .O### of 2==/07=3he indh 8ocal Dovernment 9rdinance, 2==/ .OOP## of 2==/07/3he <lection (ommission 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-l of 2==20723he (onduct of Deneral <lections 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-E of 2==20773he Political Parties 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-/F of 2==20-

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7>3he %ualification to Hold Public 9ffices 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- /G of 2==207?3he Police 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-22 of 2==20,otes <ntries 2? to 7? inserted by the 8egal &ramework 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2>0, Art 7./0, sched- item 2G- <ntries 2E*7= and 7? will be automatially omitted six years after the enactment of the (onstitution . eventeenth Amendment0 Act, 2==7, .i-e- on ,ecember 7/, 2==G0 according to the proviso added to Article 2BF, clause .20, by the (onstitution . eventeenth Amendment0 Act, 2==7SE?ENTH SCHE3ULE AA" icle $269A=1>C La-! # be a%ended in he %anne" p"#(ided )#" a%end%en #) he C#n! i u i#n @(his sche!ule )as a!!e! *# +ection 2, of the -i%hth Amen!ment Act (19./)A P"e!iden ! O"de"! /Rulfi!ar Ali 5hutto 3rust and Peoples &oundation 3rust .1enaming and Administration0 9rder, /GEF .P- 9- 'o- > of /GEF023he (antonments .Urban #mmovable Property 3ax and <ntertainment ,uty0 9rder, /GEG .P- 9- 'o/7 of /GEG073he Pakistan ,efence 9fficers Housing Authority 9rder, /GF= .P- 9- 'o- E of /GF=0>3he &oreign (urrency 8oans .1ate of <xchange0 9rder, /GF2 .P- 9- 'o- 7 of /GF20?3he <stablishment of the office of Wafa!i $ohtasib .9mbudsman0 9rder, /GF7 .P- 9- 'o- / of /GF70B3he Aga 6han University 9rder, /GF7 .P- 9- 'o- 7 of /GF70E3he 'ational (ollege of 3extile <ngineering .Doverning 5ody and (ess0 9rder, /GF7 .P- 9- 'o- // of /GF70F3he 8ahore University of $anagement ciences 9rder, /GF? .P- 9- 'o- 2? of /GF?0O"dinance! /3he #nternational #slamic University 9rdinance, /GF? .OOO of /GF?0-