Make your own free website on Tripod.com

INTRODUCTION

 

This is an attempt to consolidate all relevant information relating to the amendments made in the Constitution of Islamic Republic of Pakistan, for the benefit of those interested in this history.

In its age of 25 years, the Constitution, that was adopted in April, 1973, has suffered 36 amendments; 12 times by the Acts of Parliament and 24 times through Presidential Orders. In seventies, within a span of 4 years since its inception, 7 amending Acts were passed by the Parliament. Second phase started in 1979, after the Supreme Court recognized the power of then President to amend it. Since 1979 till the revival of democracy in 1985, a couple of dozen Presidential Orders were issued to amend the Constitution, from time to time. Third era started soon after restoration of democracy and 5 amending Acts have been passed since then. Two amending Bills died in the process of legislation. Two more are yet in process.

The book comprises 3 parts. The first part gives a summary of the amendments; second part consists of a glossary with clausewise detail of amendments, and the third contains the text of amending Acts and Orders. Two valuable documents viz: Accord reached between the Parliamentary Parties before making of the Constitution about its framework and Report of the Constitution Committee have also been included in the book. These two documents provide the basic structure of the Constitution. They may be helpful in gathering the intention of the Constitution makers to interpret any of its provisions.

The book may be of special interest for parliamentarians, politicians, those in legal profession, and scholars. But since the Constitution affects life of every citizen in the country, the book may be useful for everyone.

PART I

 

SUMMARY OF AMENDMENTS

 

The Constitution of Islamic Republic of Pakistan 1973 was unanimously adopted by the then National Assembly of Pakistan on April 12, 1973 when it was signed by the President of the Assembly. But soon after the enactment of the Constitution, it had to undergo a series of amendments which included minor and major amendments. Seven such amendments were made from May 8, 1974 to January 4, 1977, six by the National Assembly that passed the Constitution, and the seventh by the next Assembly, that had a short life on May 16, 1977.

Martial Law was proclaimed by the then Chief of Army Staff, General Muhammad Zia-ul-Haq on 5th July, 1977. The 1973 Constitution remained the supreme law of the land, subject to the condition that certain parts thereof had been held in abeyance on account of State necessity. The Supreme Court of Pakistan recognized the right of the Chief Martial Law Administrator to perform all such acts or legislative measures which were in including the power to amend it, in Begum Nusrat Bhutto Vs. Chief of Army Staff and Federation of Pakistan. This enabled the then Chief Martial Law Administrator/President to make series of amendments by issuing amendment Orders during the period from February, 1979 to January, 1985. Finally major amendments were made through the Revival of Constitution Order on 17th March 1985. These amendments changed the whole complexion of the 1973 Constitution.

In 1985, general elections were held on non-party basis. The National Assembly came into being as a result of these elections. This Assembly made amendments by the Constitution (Eighth Amendment) Act, 1985.

The Constitution (Ninth Amendment) Bill was passed by the Senate in 1986 and was transmitted to the National Assembly. It was examined by a Select Committee of the Assembly but before presentation of its report the Assembly was dissolved and the Bill could not become an Act.

Similarly the Constitution (Eleventh Amendment) Bill could not be finalized because it was withdrawn from the Senate by its movers. The Constitution (Tenth Amendment) Act was passed in March 1987; the Constitution (Twelfth Amendment) Act in July 1991; the Constitution (Thirteenth Amendment) Act, 1997 was passed in April, 1997 and the Constitution (Fourteenth Amendment) Act, 1997 in July, 1997.

A resume of all Constitutional amendments made, so far, is given here.

ACTS

Name of the Act: The Constitution (First Amendment) Act, 1974 [XXXIII of 1974)

Date of enactment: May 8, 1974

Articles amended: 1, 8, 17, 61, 101, 127, 193, 199, 200, 209, 212, 259, 260, 272, and amendment of First Schedule

Nature of amendments: clauses (2), (3), (4) of Article I were substituted

- Paragraph (h) of clause (3) in Article 8 was amended

- Clause (2) of Article 17 was substituted

- Article 61 amended

- Clause (3) of Article 101 amended

- Article 127 amended

- An Explanation has been added to paragraph (c) of clause (2) in Article 193.

- Clause (3) has been added after clause (2) in Article 200

- The Explanation in clause (2) in Article 209 amended

- In Article 212 minor amendments were made

- Article 259 minor amendments were made

- In clause (1) of Article 260 minor amendments were made

- Minor amendments were made in Article 272

- Substitution was made for Part IV of First Schedule

- Most of amendments were minor. Major amendments related to -

- Territories comprising Pakistan.

 

- Provisions regarding political parties operating prejudicial to the sovereignty or integrity of Pakistan. Accounting for the source of funds of a political party

- Temporarily requisitioning the services of a judge of a High Court by an other High Court.

...................

Name of the Act: The Constitution (Second Amendment) Act, 1974 [XLIX of 1974]

Date of enactment: September 21, 1974

Articles amended: 106 and 260

A new clause was added after clause (2) in Article 260.

Nature of amendments: - Amendment of Article 106 relates to reservation of seats for Quadianis in Provincial Assemblies.

- Amendment of Article 260 refers to the finality of the Prophethood of Muhammad (peace be upon him).

....................

 

Name of the Act: The Constitution (Third Amendment) Act, 1975 [XXII of 1975]

Date of enactment: February 18, 1975

Articles amended: 10 and 232

- clauses (4), (5) and (7) of Article 10 amended.

- paragraph (b) of clause (7) in Article 232

Nature of amendments: - Persons involved in activities prejudicial to the integrity and security of Pakistan have been exempted from safeguards available to other persons as to arrest and detention under the Constitution.

- The amendment in Article 232 clause (7) (b) refers to the disapproval of a Proclamation of Emergency by the two Houses in joint sitting.

Name of the Act: The Constitution (Fourth Amendment) Act, 1975 [LXXI of 1975]

Date of enactment: November 25, 1975

Articles amended: 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, First Schedule and Fourth Schedule

Nature of amendments: - Amendment in Article 8 refers to laws in First Schedule exempted from the operation of the Article 8 (1) and (2) containing provisions about Fundamental Rights

- New clause (2A) of Article 51 refers to reservation of seats for minorities. The other new clause (4A) of Article 51 refers to the election of minority members of the National Assembly against reserved seats.

- Explanation to clause (2) of Article 54 refers to the working days of the National Assembly.

- The new clauses 3 A and 4 A in Article 199 curtailing the powers of High Courts was omitted subsequently.

- Amendment in Articles 271, 272, 273 refer to composition of the first National Assembly, first Senate and Provincial Assembly.

.........................

Name of the Act: The Constitution (Fifth Amendment) Act, 1976 [ LXII of 1976 ]

Date of enactment: September 15, 1976

Articles amended: 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212, 260, 280 and First Schedule.

Nature of amendments: - Amendments in Article 101 relate to appointment of Governor for a Province. The same was subsequently omitted.

- Amendment in Article 160 refers to taxes raised under the authority of Parliament.

- Amendment in Article 175 provides for separation of judiciary from executive.

- Amendment in Article 172 refer to retirement of Chief Justice of Pakistan.

- Amendment of Article 180 provides for appointment of Acting Chief Justice of Pakistan.

- Amendment of Article 187 refer to issue and execution of process of Supreme Court subject to their jurisdiction.

- Amendment of Article 192 provides for setting up of separate High Court for the Provinces of Sindh and Baluchistan.

- Amendment of Article 195 refers to retirement of Chief Justice of a High Court.

- Amendment of Article 196 refers to appointment of Acting Chief Justice of a High Court.

- Amendment of Article 199 curtails the jurisdiction of a High Court. The same was omitted subsequently.

- Amendment in Article 204 empowers the Superior Courts to punish a person for contempt of Court.

- Amendment in Article 206 relates to retirement of a judge of High Court if he fails to accept appointment as a judge of the Supreme Court.

.....................

 

Name of the Act: The Constitution (Sixth Amendment) Act, 1976 [ LXXXIV of 1976]

Date of enactment: January 4, 1977

Articles amended: 179, 195, 246, 260

Nature of amendments: - Article 179 and 195 refers to retirement age of Chief Justice of Pakistan and Chief Justice of a High Court respectively.

- Amendment of Article 246 refers to Provincially and Federally Administered Tribal Areas.

- Amendment of Article 260 incorporates additional posts or offices in service of Pakistan.

....................

 

Name of the Act: The Constitution (Seventh Amendment) Act, 1977 [ XXIII of 1977]

Date of enactment: May 16, 1977

Articles amended: 101, 245

New Article inserted: 96 A [ceased to remain in force after September 30, 1977]

Nature of amendments: - Article 96 A refers to referendum as to confidence in Prime Minister.

- Article 101 relates to appointment of Governor the amendment made under this Article was omitted subsequently.

- under amendment of Article 245, the jurisdiction of the High Court is restricted in area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power.

........................

Name of the Act: The Constitution (Eight Amendment) Act, 1985 [ XVIII of 1985 ]

Date of enactment: November 11, 1985

Articles amended: 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144, 152 A, 270 A and addition of new Schedule, the Sixth Schedule.

Nature of amendments: Article 152 A which was added through R.C.O. (14 of 1985) was omitted, Article 270 A was substituted while, a new schedule, the Seventh Schedule was added.

- Amendment in Article 56 relates to address by the President to either House or both Houses.

- Amendment in Article 58 refers to provisions regarding dissolution of the Assembly by the President.

- Amendment in Article 59 refer to the Constitution of the Senate.

- By amendment in Article 60, the term of Chairman and Deputy Chairman of the Senate has been extended from two years to 3 years.

- Amendment in Article 75 refers to approval of a Bill by the Parliament in joint Session returned by the President.

- Under amendment of Article 90, the executive authority of the state has been entrusted to the President.

- The amendment in Article 91, provides for appointment of the Prime Minister by the President.

- Amendment under Article 101, refers to the appointment of Governor of Provinces.

- Amendment in Article 105 relate to dissolution of Provincial Assembly by the Governor on the advice of the Chief Minister.

- Under Amendment of Article 106, clause (4), the period of seats reserved for women in the Assembly was extended from Second general elections to third general election.

- The amendment of Article 112 relate to the dissolution of the Provincial Assembly by the Governor on the advice of the Chief Minister.

- The amendment of Article 116 relates to Governors' assent to Bills.

- Insertion of clause (2) in Article 130, provides for appointment of the Chief Minister by the Governor.

- The substitution of Article 270A is regarding affirmation of Presidents Orders, Ordinances, Martial Law Regulations/Orders etc. made after July 5, 1977.

THE CONSTITUTION (NINTH AMENDMENT) BILL, 1986

 

The Constitution (Ninth Amendment) Bill, 1986 which sought to amend Article 2, 203B and 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy- making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said Injunctions, was originated in, and passed by, the Senate and transmitted to the National Assembly on 8-7-1986. On a motion moved by Mr. Wasim Sajjad, the then Minister for Justice and Parliamentary Affairs, the Bill was referred to a Select Committee on 14-12-1986 to submit the report within 30 days. Before the report could be presented in the House the National Assembly was dissolved on 29-5-1988 and the Bill lapsed.

....................

 

Name of the Act: The Constitution (Tenth Amendment) Act, 1987 [ I of 1987 ]

Date of enactment: March 29, 1987

Articles amended: 54 and 61

Nature of amendments: Under amendment of Article 54 and 61, working days in a year of National Assembly and the Senate were curtailed form 160 to 130.

.......................

THE CONSTITUTION (ELEVENTH AMENDMENT) BILL, 1989

 

The Constitution (Eleventh Amendment) Bill, 1989 which sought to restore twenty women seats in the National Assembly, was introduced in the Senate on 31-12-1989 by Mr. Muhammad Ali Khan, Dr. Noor Jehan Panezai and Syed Faseih Iqbal, Senators. Report of the Standing Committee was presented on 29-8-1990. The Bill was withdrawn on 23-8-1992 by its movers after assurance given by the Minister for Law and Justice that the Government intends to introduce the same Bill very soon.

...............

 

Name of the Act: The Constitution (Twelfth Amendment) Act, 1991 [XIV of 1991]

Date of enactment: July 28, 1991

New Article inserted: 212 B

Provisions amended: Fifth Schedule.

Nature of amendments: - Article 212 B provide for establishment of Special Courts for trial of heinous offences. This Article ceased to form part of the Constitution on expiry of three years from date of enactment.

- Fifth Schedule amendment deals with salary and other benefits of the Supreme Court and High Courts Judges.

.........................

 

Name of the Act The Constitution (Thirteenth Amendment) Act, 1997 [ I of 1997 ]

Date of enactment April 3, 1997

Articles amended 58, 101, 112, 243

Nature of amendment Withdrawal of discretionary powers of the President with regards to dissolution of the National Assembly in Article 58.

Amendment in Article 101 requires the President to appoint Governor of a Province "on the advice of" the Prime Minister instead of "after consultation with".

Withdrawal of discretionary powers of the Governor with regards to dissolution of the Provincial Assembly in Article, 112.

Withdrawal of discretionary powers of the President with regards to appointment of the Heads of the Armed Forces in Article 243.

.......................

Name of the Act The Constitution (Fourteenth Amendment) Act, 1997 [XXIV of 1997]

Date of enactment July 3, 1997

New Article inserted 63A

Nature of amendments Insertion of Article 63A to provide disqualification of a Member of a Parliamentary party on the ground of defection.

.......................

ORDERS

 

Name of Order: The Constitution (Amendment) Order, 1979 [ P.O.3 of 1979]

Date of Order: February 7, 1979

New Articles inserted: Chapter 3A, under the heading `Shariat Benches of Superior Courts' containing Articles 203 A 203 B, 203 C, 203 D and 203 E, was inserted.

Nature of amendment: This amendment empowers the Superior Court to examine a petition/appeal and decide the question, whether or not any law or provision of law is repugnant to the injunctions of Islam. For the purpose of the exercise of the jurisdiction conferred by this amendment, one Shariat Bench, consisting of three Muslim judges of the High Court was constituted in each Superior Court.

.......................

 

Name of the Order: The Constitution (Second Amendment) Order, 1979 [ P.O. 21 of 1979 ]

Date of Order: October 16, 1979

New Article inserted: 212 A

Nature of amendment: The Chief Martial was empowered to establish Military Courts or Tribunals for trial of offences punishable under the Martial Law Regulations.

....................

 

Name of the Order: The Constitution (Amendment) Order, 1980 [ P.O. I of 1980 ]

Date of the Order: May 27, 1980

Articles amended: 199, Chapter 3 A and Third Schedule

New clauses (3A), (3B) and (3C) after clause (3) of Article 199, were inserted, Chapter 3A was substituted and third Schedule was amended.

Nature of amendment: Under anew clauses of Article 199, the Courts were prohibited to question Martial Law Regulations/Orders made by Chief Martial Law Administrator or a Martial Law Administrator. The High Court was not allowed to make an order relating to the decisions of the Military Courts/ Tribunals. This amendment also Validated all Presidential Orders, Orders of Chief Martial Law Administrator, Martial Law Regulations/Orders made on or after the July 5, 1977.

The substitution of Chapter 3A provides for setting up of Federal Shariat Court.

Amendment of Third Schedule to the Constitution provides for form of oath for the Chairman or member of Federal Shariat Court.

.......................

 

Name of the Order: The Constitution (Second Amendment) Order, 1980 [ P.O. 4 of 1980 ]

Date of the Order: June 21, 1980

Articles amended: 203 C, 203 D, 203 E, and 203 J

New Article inserted: 203 DD

Nature of amendments: The amendments relate to powers, functions and jurisdiction of the Federal Shariat Court.

..................

 

Name of the Order: The Constitution (Third Amendment) Order, 1980 [ P.O. 14 of 1980 ]

Date of the Order: September 18, 1980

Article amended: 227

Nature of amendment: An explanation has been added to Article 227 (1) about the meanings of 'Quran and Sunnah'.

.....................

Name of the Order: The Constitution (Fourth Amendment) Order, 1980 [ P.O. 16 of 1980 ]

Date of the Order: November 30, 1980

Article amended: 228, clause (2)

Nature of amendment: The maximum number of members of Council of Islamic Idealogy was enhanced from 15 to 20.

.....................

 

Name of the Order: The Constitution (Amendment) Order, 1981 [ P.O. 5 of 1981 ]

Date of the Order: April 13, 1981

Article amended: 203 E

New Article inserted: 203 CC

Nature of amendment: The new Article 203 CC provides for procedure of drawing up a panel of Ullma for Federal Shariat Court. This Article was, subsequently, omitted.

The new clause (9) of Article 203 E empowers the Federal Shariat Court to review its decisions.

.....................

 

Name of Order/Article: The Constitution (Second Amendment) Order, 1981 [ P.O. 7 of 1981 ]

Date of Order/Article: May 27, 1981

Article amended: 203 C

Article omitted: 203 CC

Nature of amendment: By substituting clause (2) of Article 203C, the strength of judges of Shariat Court was enhanced from 5 to 8.

.....................

Name of the Order: The Constitution (Third Amendment) Order, 1981 [ P.O.12 of 1981]

Date of the Order: October 12, 1981

Article amended: 259

Nature of amendment: The amendment relates to the conferring of awards in recognition of academic distinction or distinction in the field of sports or nursing.

.......................

 

Name of the Order: The Constitution (Fourth Amendment) Order, 1981 [ P.O. 13 of 1981 ]

Date of the Order: November 17, 1981

Provision amended: Fifth Schedule to the Constitution

Nature of amendment: It relates to increase in remuneration of Supreme Court and High Court judges.

......................

 

Name of the Order: The Constitution (Amendment) Order, 1982 ( P.O. 2 of 1982 ]

Date of the Order: February 28, 1982

Article amended: 181

Nature of amendment: An explanation was added to clause (1) of Article 181.

It relates to temporary appointment of a retired judge of High Court as a judge of Supreme Court.

......................

Name of the Order: The Constitution (Second Amendment) Order, 1982 [ P.O. 5 of 1982 ]

Date of the Order: March 25, 1982

Articles amended: 203 B, 203 C, 203 D, 203 DD, 203 F, and 208

Articles inserted/ Article 203 GG was inserted and 203 was omitted.

omitted:

Nature of amendments: The amendments relate to the Federal Shariat Court.

......................

 

Name of the Order: The Constitution (Third Amendment) Order, 1982 [ P.O. 12 of 1982 ]

Date of the Order: August 15, 1982

Article amended: 203 F

Nature of amendment: The Shariat Appellate Bench was constituted in the Supreme Court.

......................

 

Name of the Order: The Constitution (Fourth Amendment) Order, 1982 [ P.O. 13 of 1982 ]

Date of the Order: September 22, 1982

Article amended: 228

Nature of amendment: By this amendment, the President was empowered to appoint one of the members of the Islamic Council of Ideology as Chairman of the Council.

........................

Name of the Order: The Constitution (Amendment) Order, 1983 [ P.O. 4 of 1983 ]

Date of the Order: April 4, 1983

Provision amended: Fifth Schedule to the Constitution

Nature of amendment: It relates to enhancement of remuneration of judges of High Court and Supreme Court.

....................

 

Name of the Order: The Constitution (Second Amendment) Order, 1983 [ P.O. 7 of 1983 ]

Date of the Order: May 19, 1983

Article amended: 203 B

Nature of amendment: Definition was amended.

....................

 

Name of the Order: The Constitution (Third Amendment) Order, 1983 [P.O. 9 of 1983]

Date of the Order: July 28, 1983

Article amended: 203 F

Nature of amendment: The time for appeal before the Supreme Court on behalf of the Federation or Province against the decision of the Shariat Court extended from two months to six months.

....................

Name of the Act: The Constitution (Amendment) Order, 1984 [ P.O. 1 of 1984 ]

Date of the Order: February 14, 1984

Article amended: 203 D

Nature of amendment: A new clause (1A) after clause (1) and a proviso to clause (2) in Article 203 D has been added

The clause (1A) provides the Federal Government and Provincial Government with an opportunity, as the case may be, to give its point of view in case the Federal Shariat Court find any law repugnant to the injunctions of Islam.

The proviso to clause (2) provides that decision of the Shariat Court shall take effect after the expiration of the period provided for appeal before the Supreme Court.

......................

 

Name of the Order: The Constitution (Second Amendment) Order, 1984 [ P.O. 2 of 1984 ]

Date of the Order: April 26, 1984

Article amended: 203 B

Nature of amendment: Only word "four" has been substituted by the word "five".

.......................

 

Name of the Order: The Constitution (Amendment) Order, 1985 [ P.O. 6 of 1985 ]

Date of the Order: January 17, 1985

Provision amended: Fifth Schedule to the Constitution

Nature of amendment: Remunerations of judges of Supreme Court and High Court were enhanced.

.....................

Name of the Order: The Constitution (Amendment) Order, 1985 [ P.O. II of 1985 ]

Date of the Order: February 24, 1985

New Article inserted: 165 A

Nature of amendment: Parliament was empowered to impose tax on the income of certain corporations etc.

....................

Name of the Order: The Revival of the Constitution of 1973 Order, 1985 [ P.O. 14 of 1985 ]

Date of the Order: March 17, 1985

Articles amended: 1, 5, 6,7, 8, 27, 31, 41, 43, 46, 47, 48, 50, 51, 54, 56, 58, 59, 62, 63, 70, 73, 75, 89, 90, 91, 92, 93, 94, 95, 96, 99, 101, 105, 106, 113, 116, 129, 130, 131, 132, 133, 136, 139, 175, 179, 180, 195, 196, 198, 199, 200, 203B, 203C, 204, 213, 232, 242, 243, 255, and the Second Schedule.

Article omitted: 71, 96, 134, 135, 212A.

New Articles inserted: 2A, 152A, 186A, 270A, 270B.

Nature of amendments: - The amendment in Article 1 provides for substitution of words "Majlis-e-Shoora (Parliament)" in place of the word "Parliament" in the Constitution.

- The insertion of new Article 2A after Article 2, makes the objectives Resolution substantive part of the Constitution.

- Through amendment in clause (2) of Article 5, the obedience to the Constitution and law by every citizen has been emphasized by replacing the word "basic" for the word "inviolable".

- The clause (1) of Article 27, provides for safeguard against discrimination in services. The first proviso of this clause made its provisions inoperative for the period of ten years from the day of commencing. By the amendment, this period has been extended upto twenty years.

- The insertion of word "Ushr" in paragraph (c), of clause (2) of Article 31, provides for proper organization of Ushr along with zakat, Auqaf and mosques.

- The substitution of clause (3) of Article 41 provides for method of election for the President of Pakistan.

The new clause (7) of Article 41, enabled General Muhammad Zia-ul-Haq, in consequence of the result of the referendum held on December 19, 1984, to become President of Pakistan on the day of the first meeting of the Parliament in joint sitting summoned after the election and to hold office for five years.

- Under amendment of Article 47, after the word "removal", the words "or impeachment" have been inserted in the marginal heading. The substitution of clauses (1) of the same Article relates to removal or impeachment of the President.

- The substitution of the Article 48 added much to the powers of the President.

- The substitution of Article 50, included President as a part of the Parliament.

- Amendments in Article 51 provide for 207 Muslim members and 10 non-muslims in the National Assembly.

- Amendment in Article 54, provides for three sessions and 160 working days for the National Assembly in a year.

- Amendments in Article 56, relates to address and messages by the President to the Parliament.

- Amendment in Article 58, provides for dissolution of the Assembly by the President.

- Amendments in Article 59 provide for a composition of the Senate.

- Substitution of Article 62 changed the qualifications for membership of the Parliament.

- Substitution of Article 63 brought changes in the disqualification for membership of Parliament.

- Articles 70 and 71 have been substituted by one Article 70 which prescribes the procedure for introduction and passing of Bills in the Parliament. Article 71 was omitted.

- The words "or Article 71" omitted from the text of Article 73 which was necessitated by omission of Article 71.

 

- Amendment in Article 75 gave the President the power to return a Bill to Parliament for reconsideration.

- In Article 89, the amendment only changed the name of the Parliament as Majlis-e-Shoora (Parliament).

- Amendments in Chapter 3, containing Articles 90 to 100, brought drastic changes strengthening the position of the President vis-a-vis the Prime Minister. It provided vesting the executive authority of the Federation in the "President". It changed the mode of appointment of the Prime Minister.

- Amendment in Article 101 gave the President power to appoint Governor 'in his discretion'. It also gave him the power to make provisions for discharge of functions of a Governor.

- Amendment in Article 105 enhanced the powers of Governors in the provinces like the enhancement of powers of the President in the Federation.

- Amendment in Article 106 raised the minimum age of the voter from 18 to 21. It also brought changes in allocation of seats in Provincial Assemblies.

- By substitution of Article 113 the qualifications and disqualifications for membership of National Assembly, were made applicable to membership of Provincial Assemblies.

- Amendment in Article 116 gave the Governors powers, similar to those of the President, to return a Bill to the Provincial Assembly for reconsideration.

- In view of changes in Articles 129 to 133 the Articles 134 and 135 were omitted.

- Substitution of Articles 129, 130, 131, 132 and 133 provided vesting of executive authority in the Governor of the Province. It strengthened the Governor vis-a-vis Chief Minister.

- Substitution of Article 136 changed some conditions for vote of no confidence against the Chief Minister.

- Substitution of Article 139 enhanced the role of Governor regarding conduct of business of Provincial Government.

- Insertion of new Article 152A provided for setting up of National Security Council to make recommendations relating to the issue of a Proclamation of Emergency.

- Amendment of Article 175 extended the period for separation of judiciary from executive from 5 years to 14 years.

- Amendment made in Article 179 through the Constitution (Fifth Amendment) and the Constitution (Sixth Amendment) Acts, were omitted.

- Amendment of Article 180 provided for appointment of the senior most judge of the Supreme Court as the Acting Chief Justice of Pakistan.

- Insertion of new Article 186A empowers the Supreme Court to transfer cases from one High Court to another High Court.

- Amendment in Article 195 omitted the amendments made through the Constitution (Fifth Amendment) and the Constitution (Sixth Amendment) Acts.

- Amendment of Article 196 provided for appointment of the senior most judge of the High Court as Acting Chief Justice of the High Court.

- Amendment of Article 198 provided for Benches of High Courts in various cities.

- Amendment of Article 199 omitted its clauses (3 A), (3 B) and (3 C) and other minor changes in clause (4 A) and also inserted a new clause (4 B) with regard to jurisdiction/powers of a High Court.

- Amendment in Article 200 extended the period for which a judge of a High Court could be transferred without his consent. It also provided that a judge not accepting transfer shall stand retired.

- Amendment of Article 203 B provided for extension of period of exclusion of some laws like fiscal laws from the definition of law from 5 years to 10 years.

- Addition of new clauses (4 B) and (4 C) in Article 203 C, refer to terms and condition of a judge of the Federal Shariat Court.

- Substitution of Article 204 made changes in the provisions regarding contempt of the Superior Court.

- Article 212 A added by P.O. 21 of 1979, was omitted.

- Under amendment of Article 213, the appointment of the Chief Election Commission has been made a discretionary power of the President.

- Amendment in Article 232 empowers the Parliament to make laws not provided in the Federal Legislative list, in case of proclamation of emergency.

- Substitution of Article 239 brought changes in procedure for Constitution amendment Bill.

- Amendment of Article 242, gave discretionary power to the President for the appointment of the Chairman Public Service Commission.

- With the insertion of a new clause (1 A) in Article 243, the President of Pakistan has become the Supreme Commander of the Armed Forces. The amendment of clause (2) of the same Article empowers the President to appoint the Chairman, Joint Chiefs of Staff Committee in his discretion.

- Amendment in Article 255 provides for making oath in urdu or any other language understood by the concerned person.

- Insertion of a new Article 270 A provides for validation of the Proclamation of the 5th day of July, 1977 and all President's Orders, Martial Law Regulations, Martial Law order and all other laws made between July 5, 1977 and the date on which this Article comes into force.

- Insertion of Article 270B provided that elections be deemed to be under the Constitution.

- Amendment in Second Schedule brought changes in the procedure for election of the President.

Besides minor amendments like name of the Parliament, period in certain provisions and some definitions, this Order made extensive changes of substantial nature that affected the basic complexion of the Constitution. As a matter of fact, this Order brought most of the changes for which the Eighth Amendment is blamed.

..............................

Name of the Order: The Constitution (Second Amendment) Order, 1985 [P.O. 20 of 1985]

Date of the Order: March 17, 1985

Articles amended: 89, 239 and 270 A

Nature of amendments: Classification provided regarding Laying of Ordinances before the Senate.

- Provisions regarding procedure for Constitution amendment Bill substituted.

- Previous sanction of the President made a condition for repeal of, or amendment in, certain President's Orders.

......................

 

Name of the Order: The Constitution (Third Amendment) Order, 1985 [P.O. 24 of 1985]

Date of the Order: March 19, 1985

Articles amended: 61, 200, 203 C, 226 and 260

Nature of amendments: - Number of days of sittings increased.

- Provision made for retirement of a High Court judge who does not accept his transfer to another Court.

- Provision relating to Shariat Court Judges amended.

- Election of the Prime Minister and Chief Ministers made to be by secret ballot.

- Definitions of "Muslim" and "Non Muslim" amended.

...........................

 

PART II

 

GLOSSARY OF AMENDMENTS IN THE ARTICLES/SCHEDULES OF THE CONSTITUTION, 1973

Article Amended by On

 

1. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

2. - Not Amended -

2A. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (New Article Inserted)

3. - Not Amended -

4. - Not Amended -

5. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

 

6. - The Revival of the constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

 

7. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

 

8. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

 

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI of

1975]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

 

9. - Not Amended -

 

10. - The Constitution (Third Amendment) Feb. 18, 1975

Act, 1975 [XXII of 1975]

 

11. - Not Amended -

12. - Not Amended -

13. - Not Amended -

14. - Not Amended -

15. - Not Amended -

16. - Not Amended -

 

17. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fourth Nov.25, 1975

Amendment) [LXXI of 1975]

 

18. - Not Amended -

19. - The Constitution (Fourth Nov. 25, 1975

Amendment) Act, [LXXI of 1975]

20. - Not Amended -

21. - Not Amended -

22. - Not Amended -

23. - Not Amended -

24. - Not Amended -

25. - Not Amended -

26. - Not Amended -

 

27. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

28. - Not Amended -

29. - Not Amended -

30. - Not Amended -

 

31. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

32. - Not Amended -

33. - Not Amended -

34. - Not Amended -

35. - Not Amended -

35. - Not Amended -

36. - Not Amended -

37. - Not Amended -

38. - Not Amended -

39. - Not Amended -

40. - Not Amended -

41. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

42. - Not Amended -

 

43. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

44. - Not Amended -

45. - Not Amended -

46. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

47. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

48. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

49. - Not Amended -

50. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

51. - The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI of

1975]

- The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

52. - Not Amended -

53. - Not Amended -

54. - The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI of

1985]

- The Constitution (Tenth Amendment) March 29, 1987

Act, 1987 [I of 1987]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

55. - Not Amended -

56. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

57. - Not Amended -

58. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

- The Constitution (Thirteenth April 3, 1997

Amendment) Act, 1997 [I of 1997]

59. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

60. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

61. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Tenth Amendment) March 29, 1987

Act, 1987 [I of 1987]

- The Constitution (Third Amendment) March 19, 1985

Order, 1985 [P.O 24 of 1985]

62. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

63. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

63-A. The Constitution (Fourteenth July 3, 1997

Amendment) Act, 1997 [XXIV of

1997] [New Article inserted]

64. - Not Amended -

65. - Not Amended -

66. - Not Amended -

67. - Not Amended -

68. - Not Amended -

69. - Not Amended -

70. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

71. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article Omitted)

72. - Not Amended -

73. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

74. - Not Amended -

75. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

76. - Not Amended -

77. - Not Amended -

78. - Not Amended -

79. - Not Amended -

80. - Not Amended -

81. - Not Amended -

82. - Not Amended -

83. - Not Amended -

84. - Not Amended -

85. - Not Amended -

86. - Not Amended -

87. - Not Amended -

88. - Not Amended -

89. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

- The Constitution (Second March 17, 1985

Amendment) Order, 1985 [P.O.20

of 1985]

90. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

91. - The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

92. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

93. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

94. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

95. - The Revival of the Constitution of March 17, 1985

1973 Order, 1985 [P.O.14 of 1985]

96. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article omitted).

96A. - The Constitution (Seventh May 16, 1977

Amendment)Act, 1977 [XXIII

of 1977] (New Article Inserted

which ceased to remain in force

after September 30, 1977)

97. - Not Amended -

98. - Not Amended -

99. - The Revival of the Constitution of March 17, 1985

1973 Order, 1985 [P.O.14 of 1985]

100. - Not Amended -

101. - The Constitution (First Amendment) May 8, 1977

Act, 1974 [XXXIII of 1974]

- The Constitution (Fifth Amendment) Sep. 15, 1976

Act, 1976 [XLII of 1976]

- The Constitution (Seventh May 16, 1977

Amendment) Act, 1977 [XXIII of

1977]

- The Constitution (Eighth Amendment) Nov. 11, 1985

Act, 1985 [XVIII of 1985]

- The Revival of the Constitution of March 17, 1985

1973 Order, 1985 [P.O.14 of 1985]

- The Constitution (Thirteenth April 3, 1997

Amendment) Act, 1997 [I of 1997]

102. - Not Amended -

103. - Not Amended -

104. - Not Amended -

105. - The Constitution (Eighth Amendment) Nov. 11, 1985

Act, 1985 [XVIII of 1985]

- The Revival of the Constitution of March 17, 1985

1973 Order, 1985 [P.O.14 of 1985]

106. - The Constitution (Second Sep. 21, 1974

Amendment) Act, 1974 [XLIX

of 1974]

 

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

- The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

107. - Not Amended -

108. - Not Amended -

109. - Not Amended -

110. - Not Amended -

111. - Not Amended -

112. - The Constitution (Eight Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

- The Constitution (Thirteenth April 3, 1997

Amendment) Act, 1997 [I of 1997]

113. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

114. - Not Amended -

115. - Not Amended -

116. - The Constitution (Eight Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

117. - Not Amended -

118. - Not Amended -

119. - Not Amended -

120. - Not Amended -

121. - Not Amended -

122. - Not Amended -

123. - Not Amended -

124. - Not Amended -

125. - Not Amended -

126. - Not Amended -

127. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

128. - Not Amended -

 

129. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

130. - The Constitution (Eight Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

131. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

132. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

133. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

134. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article Omitted)

135. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article Omitted)

136. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

137. - Not Amended -

138. - Not Amended -

139. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

140. - Not Amended -

141. - Not Amended -

142. - Not Amended -

143. - Not Amended -

144. - The Constitution (Eight Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

145. - Not Amended -

146. - Not Amended -

147. - Not Amended -

148. - Not Amended -

149. - Not Amended -

150. - Not Amended -

151. - Not Amended -

152. - Not Amended -

152A. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (New Article Inserted)

- The Constitution (Eight Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985] (Article Omitted)

153. - Not Amended -

154. - Not Amended -

155. - Not Amended -

156. - Not Amended -

157. - Not Amended -

158. - Not Amended -

159. - Not Amended -

160. - The Constitution (Fifth Amendment) Sep. 15, 1976

Act, 1976 [XLII of 1976]

161. - Not Amended -

162. - Not Amended -

163. - Not Amended -

164. - Not Amended -

165. - Not Amended -

165A. - The Constitution (Amendment) Feb. 24, 1985

Order, 1985, [P.O. II of 1985]

(New Article Inserted)

166. - Not Amended -

167. - Not Amended -

168. - Not Amended -

169. - Not Amended -

170. - Not Amended -

171. - Not Amended -

172. - Not Amended -

173. - Not Amended -

174. - Not Amended -

175. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

176. - Not Amended -

177. - Not Amended -

178. - Not Amended -

179. - The Constitution (Fifth Sep. 15, 1977

Amendment) Act, 1976 [XLII of

1976]

- The Constitution (Six Amendment) Jan. 4, 1977

Act, 1976 [LXXXIV of 1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

180. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

181. - The Constitution (Amendment) Feb. 28, 1982

Order, 1982, [P.O. 2 of 1982]

182. - Not Amended -

183. - Not Amended -

184. - Not Amended -

185. - Not Amended -

186. - Not Amended -

186A. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (New Article Inserted)

187. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

188. - Not Amended -

189. - Not Amended -

190. - Not Amended -

191. - Not Amended -

192. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

193. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

194. - Not Amended -

195. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Constitution (Sixth Amendment) Jan. 4, 1977

Act, 1976 [LXXXIV of 1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

196. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

197. - Not Amended -

198. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

199. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

- The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Constitution (Amendment) May 27, 1980

Order, 1980, [P.O. I of 1980]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

200. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

- The Constitution (Third Amendment) March 19, 1985

Order, 1985 [P.O. 24 of 1985]

201. - Not Amended -

202. - Not Amended -

203. - Not Amended -

203A. - The Constitution (Amendment) Feb. 7, 1979

Order, 1979, [P.O. 3 of 1979]

(New Article Inserted)

203B. - The Constitution (Amendment) Feb. 7, 1979

Order, 1979, [P.O. 3 of 1979]

(New Article Inserted)

- The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

- The Constitution (Second March 19, 1983

Amendment) Order, 1983 [P.O. 7

of 1983]

- The Constitution (Second April 26, 1984

Amendment) Order, 1984 [P.O. 2

of 1984]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

203C. - The Constitution (Amendment) Feb. 7, 1979

Order, 1979, [P.O. 3 of 1979]

(New Article Inserted)

- The Constitution (Second June 21, 1980

Amendment) Order, 1980 [P.O. 4

of 1980]

- The Constitution (Second May 27, 1981

Amendment) Order, 1981 [P.O. 7

of 1981]

- The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

- The Constitution (Third Amendment) March 19, 1985

Order, 1985 [P.O 24 of 1985]

 

203CC. - The Constitution (Amendment) April 13, 1981

Order, 1981, [P.O. 5 of 1981]

(New Article Inserted)

- The Constitution (Second May 27, 1981

Amendment) Order, 1981 [P.O. 7

of 1981] (Article Omitted)

203D. - The Constitution (Amendment) Feb. 7, 1979

Order, 1979, [P.O. 3 of 1979]

(New Article Inserted)

- The Constitution (Second June 21, 1980

Amendment) Order, 1980 [P.O. 4

of 1980]

- The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

- The Constitution (Amendment) Feb. 14, 1984

Order, 1984, [P.O. I of 1984]

203DD. - The Constitution (Second June 21, 1980

Amendment) Order, 1980 [P.O. 4

of 1980] (New Article Inserted)

- The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

 

 

203E. - The Constitution (Amendment) Feb. 7, 1979

Order, 1979, [P.O. 3 of 1979]

(New Article Inserted)

- The Constitution (Second June 21, 1980

Amendment) Order, 1980 [P.O. 4

of 1980]

- The Constitution (Amendment) April 13, 1981

Order, 1981, [P.O. 5 of 1981]

203F. - The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

- The Constitution (Third Aug. 15, 1982

Amendment) Order, 1982 [P.O.12

of 1982]

- The Constitution (Third July 28, 1983

Amendment) Order, 1983 [P.O.9

of 1983]

203G. - Not Amended -

203GG. - Not Amended -

203H. - Not Amended -

203I. - Not Amended -

 

203J. - The Constitution (Second June 21, 1980

Amendment) Order, 1980 [P.O. 4

of 1980]

204. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

205. - Not Amended -

 

206. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

207. - Not Amended -

208. - The Constitution (Second March 25, 1982

Amendment) Order, 1982 [P.O. 5

of 1982]

209. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

210. - Not Amended -

211. - Not Amended -

212. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fifth Amendment) Sep. 15, 1976

Act, 1976 [XLII of 1976]

212A. - The Constitution (Second Oct. 16, 1979

Amendment) Order, 1979 [P.O.21

of 1979] (New Article Inserted)

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article Omitted)

212B. - The Constitution (Twelfth July 28, 1991

Amendment) Act, 1991 [XIV of

1991] (New Article Inserted)

213. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (Article Omitted)

214. - Not Amended -

215. - Not Amended -

216. - Not Amended -

217. - Not Amended -

218. - Not Amended -

219. - Not Amended -

220. - Not Amended -

221. - Not Amended -

222. - Not Amended -

223. - Not Amended -

224. - Not Amended -

225. - Not Amended -

226. - The Constitution (Third Amendment) March 19, 1985

Order, 1985 [P.O 24 of 1985]

227. - The Constitution (Third Amendment) Sep. 18, 1980

Order, 1980 [P.O. 16 of 1980]

(Clause 2)

228. - The Constitution (Fourth Nov. 30, 1980

Amendment) Order, 1980 [P.O.16

of 1980]

- The Constitution (Fourth Sep. 22, 1982

Amendment) Order, 1982 [P.O.13

of 1982]

229. - Not Amended -

230. - Not Amended -

231. - Not Amended -

232. - The Constitution (Third Amendment) Feb. 18, 1975

Act, 1975 [XXII of 1975]

 

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

233. - Not Amended -

234. - Not Amended -

235. - Not Amended -

236. - Not Amended -

237. - Not Amended -

238. - Not Amended -

239. - The Constitution (Second March 17, 1985

Amendment) Order, 1985 [P.O.20

of 1985]

240. - Not Amended -

241. - Not Amended -

242. - The Constitution (Second March 17, 1985

Amendment) Order, 1985 [P.O.20

of 1985]

243. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

- The Constitution (Thirteenth April 3, 1997

Amendment) Act, 1997 [I of 1997]

244. - Not Amended -

245. - The Constitution (Seventh May 16, 1977

Amendment) Act, 1977 [XXIII

of 1977]

246. - The Constitution (Sixth Amendment) Jan. 4, 1977

Act, 1976 [LXXXIV of 1976]

247. - Not Amended -

248. - Not Amended -

249. - Not Amended -

250. - Not Amended -

251. - Not Amended -

252. - Not Amended -

253. - Not Amended -

254. - Not Amended -

255. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

256. - Not Amended -

257. - Not Amended -

258. - Not Amended -

259. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Third Amendment) Oct. 12, 1981

Order, 1981 [P.O.12 of 1981]

260. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Second Sep. 21, 1974

Amendment) Act, 1974 [XLIX

of 1974]

- The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

- The Constitution (Sixth Amendment) Jan. 4, 1977

Act, 1976 [LXXXIV of 1976]

- The Constitution (Third Amendment) March 19, 1985

Order, 1985 [P.O 24 of 1985]

261. - Not Amended -

262. - Not Amended -

263. - Not Amended -

264. - Not Amended -

265. - Not Amended -

266. - Not Amended -

267. - Not Amended -

268. - Not Amended -

279. - Not Amended -

270. - Not Amended -

270A. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (New Article Inserted)

- The Constitution (Second March 17, 1985

Amendment) Act, 1985 [P.O. 20

of 1985]

- The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII

of 1985]

270B. - The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985] (New Article Inserted)

271. - The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

272. - The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

273. - The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

274. - Not Amended -

275. - Not Amended -

276. - Not Amended -

277. - Not Amended -

278. - Not Amended -

279. - Not Amended -

280. - The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S C H E D U L E S

 

First Schedule

- The Constitution (First Amendment) May 8, 1974

Act, 1974 [XXXIII of 1974]

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

- The Constitution (Fifth Sep. 15, 1976

Amendment) Act, 1976 [XLII of

1976]

Second Schedule

- The Revival of the Constitution March 17, 1985

of 1973 Order, 1985 [P.O.14 of

1985]

Third Schedule

- The Constitution (Amendment) May 13, 1980

Order, 1981, [P.O. I of 1980]

Fourth Schedule

- The Constitution (Fourth Nov. 25, 1975

Amendment) Act, 1975 [LXXI

of 1975]

Fifth Schedule

- The Constitution (Fourth Nov. 17, 1981

Amendment) Act, 1981 [P.O.6

of 1981]

- The Constitution (Amendment) April 4, 1983

Order, 1983, [P.O. 4 of 1983]

- The Constitution (Amendment) Jan. 17, 1985

Order, 1985, [P.O. 6 of 1985]

- The Constitution (Twelfth July 28, 1991

Amendment) Act, 1991 [XIV of

1991]

Sixth Schedule

- The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985]

Seventh Schedule

- The Constitution (Eighth Nov. 11, 1985

Amendment) Act, 1985 [XVIII of

1985] (New Schedule Added)

 

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

PART III

TEXT OF AMENDING ACTS AND ORDERS

THE CONSTITUTION (FIRST AMENDMENT ACT, 1974

ACT NO.XXXIII OF 1974

 

An Act to amend the Constitution of Islamic Republic of Pakistan.

WHEREAS it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purpose hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement. (1) This Act may be called the Constitution (First Amendment) Act, 1974.

(2) It shall come into force at once.

2. Amendment of Article 1 of the Constitution.- In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, for clauses (2), (3) and (4), the following shall be substituted, namely:-

"(2) The territories of Pakistan shall comprise-

(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;

(b) The Islamabad Capital Territory, hereinafter referred to as the Federal Capital;

(c) the Federally Administered Tribal Areas; and

(d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.

(3) Parliament may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit."

3. Amendment of Article 8 of the Constitution.- In the Constitution, in Article 8, in clause (3), in paragraph (b), after the word "day" at the end, the words "or as amended by any of the laws specified in that Schedule" shall be added.

4. Amendment of Article 17 of the Constitution.- In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely:-

"(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

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

5. Amendment of Article 61 of the Constitution.- In the Constitution, in Article 61, after the word "Deputy Chairman" at the end, the words, commas, brackets and figures" and as if, in the proviso to the said clause (2) of Article 54, for the words "one hundred and thirty" the word "ninety" were substituted" shall be added.

6. Amendment of Article 101 of the Constitution.- In the Constitution, in Article 101, in clause (3), after the word "President" at the end, the words and comma "and shall be entitled to such salary, allowances and privileges as the President may determine" shall be added.

7. Amendment of Article 127 of the Constitution.- In the Constitution. In Article 127.

(a) in paragraph (e) the word "and" at the end shall be omitted:

(b) in paragraph (1), for the full stop at the end the semi-colon and word ":and" shall be substituted: and

(c) after paragraph (1) amended as aforesaid, the following new para graph shall be added, namely:-

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

8. Amendment of Article 193 of the Constitution.- In the Constitution, in clause (2), after paragraph (c), the following Explanation shall be added, namely:-

"Explanation. In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.".

9. Amendment of Article 199 of the Constitution.- In the Constitution, in Article 199, for clause (3) the following shall be substituted, namely:-

"(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law."

10. Amendment of Article 200 of the Constitution.- In the Constitution, in Article 200, after clause (2), the following new clause shall be added, namely:-

"(3) If any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High Court any require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:

Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.".

11. Amendment of Article 209 of the Constitution.- In the Constitution, in Article 209, in clause (2), in the Explanation, after the words "Chief Justice", the words "otherwise than as acting Chief Justice" shall be inserted.

12. Amendment of Article 212 of the Constitution.- In the Constitution, in Article 212:

(a) in Clause (1):-

(i) for the word "establish" the words "provide for the establishment of "shall be substituted and shall be deemed always to have been so substituted; and

(ii) on paragraph (a), after the word "persons", the words "who are or have been "shall be inserted and shall be deemed always to have been so inserted; and

(b) in clause (2) after the words "Tribunal extends", the following words shall be inserted and shall be deemed always to have been so inserted namely:-

"and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment".

13. Amendment of Article 250 of the Constitution.- In the Constitution, in Article 250, in clause (1) and (2), the words and comma "a Governor,", wherever

 

 

 

14. Amendment of Article 259 of the Constitution.- In the Constitution, in Article 259.-

(a) in clause (2) after the word "gallantry", the comma and words ",meritorious service in the Armed Forces" shall be inserted; and

(b) in clause (3), after the word "gallantry", the comma and words ", meritorious service in the Armed Forces" shall be inserted and shall be deemed always to have been so inserted.

15. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, in clause (1)-

(a) after the definition of "Chairman", the following new definition shall be inserted, namely:-

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

(b) in the definition of "service of Pakistan", after the words "Provincial Minister", the commas and words "Attorney-General, Parliamentary Secretary" shall be inserted.

16. Amendment of Article 272 of the Constitution.- In the Constitution, in Article 272, in the marginal heading, after the word "First", the words "constitution of" shall be inserted.

17. Amendment of First Schedule to the Constitution.- In the Constitution, in the First Schedule, for Part IV the following shall be substituted, namely:-

 

"IV FEDERAL ACTS

1. The Censorship of Films Act,1963 (XVIII of (1963).

2. The Land Reforms (Amendment) Act, 1974."

THE CONSTITUTION (SECOND AMENDMENT) ACT, 1974

ACT NO.XLIX OF 1974

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:

1. Short title and commencement.- (1) This Act may be called the Constitution (Second Amendment) Act, 1974.

(2) It shall come into force at once.

2. Amendment of Article 106 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 106, in clause (3), after the word "communities", the words and brackets "and persons of the Quadiani group or the Lahori group (who call themselves 'Ahmadis)" shall be inserted.

3. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, after clause (2), the following new clause shall be added, namely:-

"(3) A person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him) the last of the prophets or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him), or recognizes such a claimant as a prophet or a religious reforms, is not a Muslim for the purposes of the Constitution or law."

THE CONSTITUTION (THIRD AMENDMENT) ACT, 1975

ACT NO.XXII OF 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Third Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 10 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 10:-

(a) in clause (4), for the words "one month" twice occurring, the words "three months" shall be substituted:

(b) in clause (5), for the words and comma "as soon as may be, but not later than one week" the words "within fifteen days" shall be substituted: and

(c) in clause (7), in the proviso, after the word "enemy", the commas and words ", or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity" shall be added.

3. Amendment of Article 232 of the Constitution.- In the Constitution, in Article 232, in clause (7), for paragraph (b) the following shall be substituted, namely:-

"(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.".

THE CONSTITUTION (FOURTH AMENDMENT) ACT, 1975

ACT NO.LXXI OF 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Fourth Amendment) Act, 1975.

(2) It shall come into force at once.

2. Amendment of Article 8 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8.-

(a) in clause (3), for paragraph (b) the following shall be substituted, namely:-

"(b) any of the-

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

(ii) other laws specified in Part I of the First Schedule:": and

(b) in clause (4), for the words and commas "the First Schedule, not being a law which relates to, or is connected with, economic reforms."the words and figure "Part II of the First Schedule" shall be substituted.

3. Amendment of Article 17 of the Constitution.- In the Constitution, in Article 17, in clause (1) for the words "morality or public order" the words and comma "sovereignty or integrity of Pakistan, public order or morality" shall be substituted.

4. Amendment of Article 19 of the Constitution.- In the Constitution, in Article 19, for the word "defamation" the words"commission of" shall be substituted.

5. Amendment of Article 51 of the Constitution.- In the Constitution, in Article 51.-

(a) after clause (2), the following new clause shall be inserted, namely:-

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

6. Amendment of Article 54 of the Constitution.- In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end, namely:-

"Explanation.-In this clause, 'working days' includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned.".

7. Amendment of Article 106 of the Constitution.- In the Constitution, in Article 106, in clause (3).-

(a) for the word "3", occurring for the second time, the words "and other non-Muslims and persons belonging to" shall be substituted: and

(b) for the figure "3" against the Province of the Punjab the figure "5" shall be substituted.

8. Amendment of Article 199 of the Constitution.- In the Constitution, in Article 199.-

(a) after clause (3), the following new clause shall be inserted, namely:-

"(3A) A High Court shall not make an order under clause (1)-

(a) prohibiting the making of an order for the detention of person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.": and

after clause (4), the following new clause shall be inserted, namely:-

"(4A) An interim order made by a High Court on an application made to it to question the validity or legal of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period for sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.".

9. Amendment of Article 271 of the Constitution.- In the Constitution, in Article 271, in clause (1).-

(a) after the words "subject to", the word, figure and comma "Article 63,"shall be inserted:

(b) for paragraph (a), the following shall be substituted, namely:-

"(a) the first National Assembly shall consist of-

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

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

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy seven: and reference to 'total membership' of the National Assembly in the Constitution shall be construed accordingly:": and

(c) in paragraph (b), after the word "vacancies", the commas, words, brackets, figures and letter ",or to be elected to the additional seats referred to in clause (2A) of Article 51,"shall be inserted.

10. Amendment of Article 272 of the Constitution.- In the Constitution, in Article 272.-

(a) the brackets and figure "(1)", occurring after the "272", shall be omitted; and

(b) after the words "subject to", the words and figure "Article 63 and" shall be inserted.

11. Amendment of Article 273 of the Constitution.- In the Constitution, in Article 273, in clause (1).-

(a) after the words "subject to", the word, figure and comma "Article 63," shall be inserted; and

(b) for paragraph (a), the following shall be substituted, namely:-

"(a) the first Assembly of a Province under the Constitution shall consist of-

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

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

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

(c) in paragraph (b), after the word vacancies", the commas, words, brackets and figures", or to be elected to the additional seats referred to in clause (3) of Article 106,"shall be inserted.

12. Substitution of the First Schedule to the Constitution.-

In the Constitution, for the First Schedule, the Schedule set out in the Schedule to this Act shall be substituted.

13. Amendment of the Fourth Schedule to the Constitution.- In the Constitution, in the Fourth Schedule, in the Concurrent Legislative List, after entry 13, the following new entry shall be inserted, namely:-

"43A. Auqaf.".

14. Certain Orders shall cease to have effect after specified period.-

An interim order such as is referred to in clause (4A) of Article 199 of the Constitution made by a High Court before the commencement of this Act shall cease to have effect at the expiration of sixty days from such commencement, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

--------

THE SCHEDULE

[See Section 12]

"FIRST SCHEDULE

[Article 8(3) (b) and (4)]

Laws exempted from the operation of Article 8 (1) and (2).

PART I

1. PRESIDENT'S ORDERS

1. The Acceding State (Property) Order, 1961 (P.O.No.12 of 1961.

2. The Economic Reforms Order, 1972 (P.O. No.1 of 1972).

II. REGULATIONS

1. The Land Reforms Regulation, 1972.

2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.

3. The Economic Reforms(Protection of Industries) Regulation, 1972.

4. The Distribution of Property (Chitral)Regulation, 1974 (II of 1974).

5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).

6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation 1975 (II of 1975).

III. FEDERAL ACTS

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).

2. The Land Reforms (Amendment) Act, 1975 (XXXXIX of 1975).

IV.ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V. PROVINCIAL ACTS

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).

2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975).

 

PART II

I. PRESIDENT ORDERS

1. The Minerals (Acquision and Transfer) Order, 1961 (P.O. No.8 of 1961).

2. The Companies (Mannaging Agency and Election of Directors) Order, 1972 (P.O. No.2 of 1972).

3. The Co-operative Societies (Reforms) Order, 1972 (P.O. No.9 of 1972).

4. The Life Insurance (Nationalization) Order, 1972 (P.O. No.10 of 1972).

5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972).

6. The Rules of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No.15 of 1972).

7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O.No.15 of 1972).

8. The Criminal Law Amendment (Special Court) Order, 1972(P.O. No.20 of 1972).

II. REGULATIONS

1. Rawalpindi (Requisition of Property)Regulation, 1959.

2. The Pakistan Capital Regulation, 1960.

3. The Security of Claims (Evacuee Property) Regulation, 1961.

4. The Income Tax (Correction of Returns and False Declaration(Regulation, 1969.

5. The Improper Acquisition of Property Regulation, 1969.

6. The Removal from Service (Special Provisions) Regulation, 1969.

7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.

8. The Government Agricultural Land (Recovery of Illegal Prossession Regulation, 1969.

9. The Enemy Property(Payment of Money Due to Enemy) Regulation, 1970.

10. The Withdrawal of Currency Notes(High Denomination) Regulation, 1971.

11. The Price of Evacuee Property and Public Does (Recovery) Regulation, 1971.

12. The Peshawar District and Tribal Areas (Settlement of Dispute) Regulation, 1971.

13. The Convention Muslim League and Awami League (Security of Funds) Regulation, 1971.

14. The Foreign Exchange Repatriation Regulation, 1972.

15. The Foreign Assets (Declaration)Regulation, 1972.

16. The Removal from Service (Review Petition) Regulation, 1972.

17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.

18. The Enemy Property Revocation of Sales) Regulation, 1972.

19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.

20. The Dir and Swat (Settlement of Disputes of Immovable Property)Regulation, 1972.

21. The West Pakistan Industrial Development Corporation (Revocation of Sate or Transfer) Regulation, 1972.

22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.

23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.

24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.

III. ORDINANCES PROMULGATED BY THE PRESIDENT

1. The Control of Shipping Ordinance, 1959 (XIII of 1959).

2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).

3. The Muslim Family Laws Ordinance, 1961 (VII of 1961).

4. The Security of Pakistan(Amendment) Ordinance, 1961 (XIV of 1961).

5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).

6. The Trade Organisations Ordinance, 1961 (XLV of 1961).

IV. FEDERAL ACTS

The Censorship of Films Act, 1963 (XVIII of 1963).

V. ORDINANCE PROMULGATED BY THE GOVERNOR OF

FORMER PROVINCE OF WEST PAKISTAN

1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No.XI of 1960).

2. The West Pakistan Wakf Properties Ordinance. 1961 W.P. Ordinance No.XXVIII of 1961)

3. The Societies Registration (West Pakistan Amendment) Ordinance. 1962 (W.P. Ordinance No.IX of 1962.)

4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963.)

VI. ORDINANCES PROMULGATED BY THE GOVERNOR OF THE

NORTH-WEST FRONTIER PROVINCE

1. North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971).

2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P Ordinance No.V of 1971)

3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No.VIII of 1971)

 

 

 

 

 

THE CONSTITUTION (FIFTH AMENDMENT)ACT, 1976

ACT NO. LXII OF 1976

Further to amend the Constitution of the Islamic Republic of Pakistan.

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This may be called the Constitution(Fifth Amendment) Act, 1976.

(2) It shall come into force at once except section 8 and section 13 which come into force on the first day of December, 1976.

2. Amendment of Article 101 of the Constitution.- In the Constitution of Islamic Republic of Pakistan. hereinafter referred to as the Constitution in Article 101, in clause (2) for the full stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-

"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2A) Nothing contained n the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."

3. Amendment of Article 160 of the Constitution.- In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely:-

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

4. Amendment of Article 175 of the Constitution.- In the Constitution, in Article 175, in clause (3), for the word "three" the word "five"shall be substituted.

5. Amendment of Article 179 of the Constitution.- In the Constitution, in Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely:-

 

"(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of the Supreme Court otherwise than under Article 180 shall not again be appointed to that office.

5. The provision of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

6. Amendment of Article 180 of the Constitution.- In the Constitution, in Article 180 for the word "the most senior of the other Judges of the Supreme Court"the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under than Article" shall be substituted.

7. Amendment of Article 187 of the Constitution.- In the Constitution, in Article 187, in clause (1) for the word "The" the words, brackets, figures and comma "Subject to clause (2) of Article 175, the" shall be substituted.

8. Amendment of Article 192 of the Constitution.- In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely:-

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

(3) The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Courts and generally, for matters consequential or the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit."

9. Amendment of Article 195 of the Constitution.- In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and , after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely:-

"(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty two years, hold office for a term of four years and shall thereafter have the option either-

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) when a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court.

(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

10. Amendment of Article 196 of the Constitution.- In the Constitution, in Article 196, for the words "the most senior of the other judges of the High Court" the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" shall be substituted.

11. Amendment of Article 199 of the Constitution.- In the Constitution, in Article 199, for clause (3A) the following shall be substituted, namely:-

"(3A) A High Court shall not make under this Article-

(a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law proving for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

    1. an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at police station, in respect of an offence, or who has been convicted by any court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred to in any of the preceeding paragraphs.

(3B) Every such order as is referred to in clause (3A)made at any time after the commencement of the Constitution (Fourth Amendment Act, 1975, shall cease to have effect and all applications for making of any such order that may be pending before any High Court shall abate.

(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3 A) that may be pending before the Supreme Court immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976

12. Amendment of Article 200 of the Constitution.- In the Constitution in Article 200, in clause (1) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

"Provided that such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.

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

13. Amendment of Article 204 of the Constitution.- In the Constitution Article 204, for clauses (2) and (3) the following shall be substituted, namely:-

"(2) A Court shall have the power to punish a person for contempt of court in accordance with law."

14. Amendment of Article 206 of the Constitution.- In the Constitution Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clause shall be added namely:-

"(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan."

 

15. Amendment of Article 212 of the Constitution.- In the Constitution, in Article 212, in clause (2), after the word "Tribunal" occurring for the third time, the commas and words "other than an appeal pending before the Supreme Court," shall be inserted and shall be deemed always to have been so inserted.

16. Amendment of Article 260 of the Constitution.- In the Constitution Article 260, in the definition of "service of Pakistan" after the word and comma "Attorney-General", the word and comma "Advocate-General," shall be inserted.

17. Amendment of Article 280 of the Constitution.- In the Constitution, in Article 280, after the word "made" at the end, the words and figures" and shall not be called in question in any court on the ground of inconsistency with the rights conferred by Chapter I of Part II" shall be added and shall be deemed always to have been so added.

18. Amendment of the First Schedule to the Constitution.- In the Constitution, in the First Schedule in Part I,-

(a) under the sub-heading "II REGULATIONS" after entry 6, the following new entry shall be added, namely:-

7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976 (XII of 1976).

(b) under the sub-heading 'III FEDERAL ACTS' after entry 2, the following new entries shall be added, namely:-

3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).

4. The Rice Milling Control and Development Act, 1976 (LVII of 1976)

5. The Cotton Ginning Control and Development Act, 1976 (LVII of 1976).

(c) after the sub-heading 'PROVINCIAL ACTS' and the entries relating thereto, the following new sub-heading and entry shall be added, namely:-

VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.'

19.Amendment of the Fourth Schedule to the Constitution.-In the Constitution, in the Fourth Schedule,-

(a) in the Federal Legislative List,-

(i) in Part I, for entry 49 the following shall be substituted, namely:-

"49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed."; and

(ii) in Part II, in entry 3, for the words "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation" the words "Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation." shall be substituted; and

(b) in the Concurrent Legislative List, for entry 41 the following shall be substituted, namely:-

"41. Production, censorship and exhibition of cinematograph films."

THE CONSTITUTION (SIXTH AMENDMENT) ACT, 1976

ACT NO.LXXXIV OF 1976

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Sixth Amendment) Act, 1976

(2)It shall come into force at once.

2. Amendment of Article 179 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 179, after clause (5), the following new clause shall be added, namely:-

"(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term."

3. Amendment of Article 195 of the Constitution.- In the Constitution, in Article 195, after clause (5) the following new clause shall be added, namely:-

"(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term."

4. Amendment of Article 246 of the Constitution.- In the constitution, in Article 246,-

(a) In paragraph (b), in sub-paragraph (i),-

(i) after the brackets, words and comma "(which includes Kalam)," the words and comma "the Tribal Area in Kohistan district," shall be inserted and shall be deemed to have been so inserted on the first day of October, 1976; and

(ii) for the word "Hazara" the word "Mansehra" shall be substituted and shall be deemed to have been so substituted on the first day of October, 1976; and

(b) in paragraph (c), for sub-paragraph (v) the following shall be substituted and shall be deemed to have been so substituted on the first day of December, 1973, namely:-

"(v) Bajaur Agency;

(va) Orakzai Agency;"

5. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, in the definition of "service of Pakistan", after the words "Parliamentary Secretary", the commas and words "Chairman or member of a law commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister shall be inserted.

THE CONSTITUTION (SEVENTH AMENDMENT) ACT, 1977

ACT NO.XXIII OF 1977

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, commencement and duration.- (1) This Act may be called the Constitution (Seventh Amendment) Act, 1977.

(2) It shall come into force at once and section 4 shall be deemed to have taken effect on the twenty-first day of April, 1977.

(3) Section 2 shall cease to be in force on the thirtieth day of September, 1977.

2. Insertion of new Article 96A in the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, after Article 96, the following new Article shall be inserted, namely:-

"96A. Referendum as to confidence in Prime Minister.-(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause the matter to be referred to a referendum in accordance with law made by Parliament.

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

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

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

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

3. Amendment of Article 101 of the Constitution.- In the Constitution, in Article 101, in clause (2A), for the words, brackets, letter and figures "an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under "the words and figure "a Proclamation under Article 232 or" shall be substituted.

4. Amendment of Article 245 of the Constitution.- In the Constitution, Article 245 shall be renumbered as clause (1) of that Article and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely:-

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

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

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

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

THE CONSTITUTION (EIGHTH AMENDMENT) ACT, 1985

ACT NO.XVIII OF 1985

An Act further to amend the Constitution of the Islamic republic by Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the constitution, in Article 48,-

(a) In clause (1)-

(i) for the commas and words ", the Prime Minister , or appropriate Minister" the words "or the Prime Minister" shall be substituted; and

(ii) for the proviso the following shall be substituted, namely:

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

(b) in clause (2), after the words "do so", at the end, the words "and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever" shall be added:

(c) clause (3) shall be omitted; and

(d) in clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted.

3. Amendment of Article 51 of the Constitution.- In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be substituted.

4. Amendment of Article 56 of the Constitution.- In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:-

"(3) At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summon.

5. Amendment of Article 58 of the Constitution.- In the Constitution, in Article 58,-

(a) in clause (1), in the Explanation, for the words "resolution for a vote of no-confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:-

"(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,-

(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."

6. Amendment of Article 59 of the Constitution.- In the Constitution, in Article 59-

(a) in clause (1), in paragraph (c), for the word "chosen" the word "elected" shall be substituted:

(b) in clause (3),

(i) for paragraphs (a), (b) and (c) the following shall be substituted, namely:-

"(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the next three years;

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

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

(ii) in the proviso, the words "or chosen" shall be omitted; and

(c) clause (4) shall be omitted.

7. Amendment of Article 60 of the Constitution.- In the constitution, in Article 60,in clause (2), for the word "two" the word "three" shall be substituted.

8. Amendment of Article 75 of the Constitution.- In the Constitution, in Article 75,-

(a) in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:-

"(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament, by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom."

9. Amendment of Article 90 of the Constitution.- In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumbered as aforesaid, the following new clause shall be added, namely:-

"(2) Nothing contained in clause (1) shall -

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

(b) prevent the Majlis-e-Shoora (Parliament) from confering by law functions on authorities other than the President."

10. Amendment of Article 91 of the Constitution.- In the Constitution, in Article 91,-

(a) after clause (2), the following new clause shall be inserted, namely:-

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

(b) in clause (3), after the brackets and figure "(2)" the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2A)" shall be inserted; and

(c) for clause (5) the following shall be substituted, namely:-

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

11. Amendment of Article 101 of the Constitution.- In the Constitution, in Article 101,-

(a) in clause (1), for the words "in his discretion" the words "after consultation with the Prime Minister" shall be substituted.

(aa) in clause (2), the proviso shall be omitted;

(b) clause (2A) shall be omitted; and

(c) in clause (5), after the word "Governor", at the end, the words "in any contingency not provided for in this Part" shall be added.

12. Amendment of Article 105 of the Constitution.- In the Constitution, in Article 105,-

(a) in clause (1),-

(i) for the comma and words "Chief Minister or appropriate Minister" the words "or the Chief Minister" shall be substituted;

(ii) for the first proviso, the following shall be substituted, namely:-

"Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise and the Governor shall act in accordance with the advice tendered after such reconsideration."; and

    1. the second proviso shall be omitted;

(b) in clause (2), for the comma and words ",the Cabinet or a Minister" the words "or the Cabinet" shall be substituted; and

(c) in clause (5), for the brackets and figure "(3)" the brackets and figure "(2)" shall be substituted.

  1. Amendment of Article 106 of the Constitution.- In the Constitution, in Article 106, in clause (4), for the word "second" the word "third" shall be substituted.
  2. Amendment of Article 112 of the Constitution.- In the Constitution, Article 112 shall be renumbered as clause (1) of that Article and,-

    1. in clause (1), renumbered as aforesaid, in the Explanation, for the words "resolution for a vote of no-confidence has been moved" the word "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

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

(a) a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose: or

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."

15. Amendment of Article 116 of the Constitution.- In the constitution, in Article 116,-

    1. in clause (2), for the word "forty-five" the word "thirty" shall be substituted; and

(b) for clause (3) the following shall be substituted, namely:-

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

16. Amendment of Article 130 of the Constitution.- In the Constitution, in Article 130,-

(a) after clause (2), the following new clause shall be inserted, namely:-

"(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a serion of the Assembly summoned for the purpose in accordance with the provisions of the Constitution;

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

(b) in clause (3), after the brackets and figure "(2)", the words, commas, brackets, figure and letter "or, as the case may be , invited under clause (2A)" shall be inserted; and

(c) for clause (5) the following shall be substituted, namely:-

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

17. Amendment of Article 144 of the Constitution.- In the Constitution, in Article 144, clause (2) shall be omitted.

18. Omission of Article 152A of the Constitution.- In the Constitution, Article 152A shall be omitted.

19. Substitution of Article 270A of the Constitution.- In the Constitution, for Article 270A the following shall be substituted, namely:-

"270A, Affirmation of President's Orders, etc.(1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinance, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P.O.No.11 of 1984), under which, in consequence of the result of the referendum held on the nineteenth day of December, 1984, General Muhammad Zia-ul-Haq became the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause(7) of Article 41, the revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), the Constitution (Second Amendment) order, 1985 (P.O.No. 20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O No.24 of 1985), and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgement of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever:

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

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

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

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

(a) In respect of President's orders, Ordinances, Martial Law regulations, Martial Law orders and enactments, the appropriate Legislature; and

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

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

(5) For the purposes of clauses (1) (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made taken or done in good faith and for the purpose intended to be served thereby.

(6) Such of the President's Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation.- In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders" and "Chief Martial Law Administrator's Orders"."

20. Addition of new Schedule to the Constitution.- In the Constitution, after the sixth Schedule, the following new Schedule shall be added, namely:-

 

 

"SEVENTH SCHEDULE

[ ARTICLE 270A (6)]

 

Laws to be amended in the manner provided for amendment of the Constitution.

PRESIDENT'S ORDERS

(1) The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O.No.4 of 1978)

(2) The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O.No.13 of 1979).

(3) The Pakistan Defence Officers Housing Authority Order, 1980 (P.O. No.7 of 1980).

(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P.O.No.3 of 1982)

(5) The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No.1 of 1983)

(6) The Aga Khan University Order, 1983 (P.O.No.3 of 1983)

(7) The Nation College of textile Engineering (Governing Body and Cess) Order, 1983 (P.O.No.11 of 1983)

    1. The Lahore University of Management Sciences Order, 1985 (P.O.No.25 of 1985).

ORDINANCES

(1) The International Islamic University Ordinance, 1985 (XXX of 1985)".

THE CONSTITUTION (NINTH AMENDMENT) BILL, 1986

[ AS PASSED BY THE SENATE)

A

BILL

further to amend the Constitution of the Islamic Republic of Pakisan

WHEREAS the principles and provisions set out in the Objectives Resolution and the preamble to the Constitution inter alia provide that the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;

AND WHEREAS the Principles of Policy set out in the Constitution enjoin that steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam;

AND WHEREAS, in order to further consolidate the process of Islamisation and enforce complete Sharia in Pakistan, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Ninth Amendment) Act, 1986.

(2) It shall come into force at once.

2. Amendment of Article 2 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter refered to as the Constitution, in Article 2, after the word "Pakistan", full stop shall be omitted and the words "and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government." and the following Explanation shall be added, namely:-

"Explanation.- Effect shall be given to the provisions of this Article in the manner provided in Chapter 3A of Part VII.".

3. Amendment of Article 203 B of the Constitution.- In the Constitution, in Article 203B, in paragraph (c).-

(a) for the comma after the word "Constitution" a ful stop shall be substituted; and

(b) the words, commas and semi-colon "Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and" shall be omitted.

4. Amendment of Article 203D of the Constitution.- In the Constitution, in Article 203D, after clause (3), the following new clauses shall be added, namely:-

(3A) Notwithstanding anything contained in this Chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall in case of a law held by it to be repugnant to the Injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the Injunctions of Islam:

Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly, directly or indirectly.

(3B) Notwithstanding anything contained in the Constitution including this Chapter or clause (3A) or anything done pursuant thereto, or any law or any judgment of any Court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject matter of decision of the Court referred to in clause (3A), shall continue to remain in force until such time as appropriate laws are enacted by the Legislature in substitution of such existing laws as a consequence of the final decision of the Court, as stated in clause (3A),and until the said laws have been enforced:

Provided that nothing contained in clauses (3A) and (3B) shall apply to assessments made, orders passed, proceedings pending, and amounts payable or recovered before the enforcement of the laws enacted in pursuance of clause (3A).".

-------------

STATEMENT OF OBJECTS AND REASONS

In consonance with the provisions of Articles 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively provide that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy-making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said Injunctions.

THE CONSTITUTION (TENTH AMENDMENT) ACT, 1987

ACT NO.1 OF 1987

An Act further to amend the Constitution of the Islamic republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short Title and Commencement.- (1) This Act may be called the Constitution (Tenth Amendment) Act, 1987

(2) It shall come into force at once.

2. Amendment of Article 54 of the Constitution.- In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 54, in clause (2), in the proviso, for the word "sixty" the word "thirty" shall be substituted.

3. Amendment of Article 61 of the Constitution.- In the Constitution, in Article 61, for the words "one hundred and sixty" the words"one hundred and thirty" shall be substituted.

THE CONSTITUTION (ELEVENTH AMENDMENT) BILL, 1989

[ AS INTRODUCED IN THE SENATE]

A

BILL

further to amend the constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purpose herein appearing.

It is hereby enacted as follows:-

1. Short Title and Commencement.- (1) This Act may be called the Constitution (Eleventh Amendment) Act, 1989.

(2) It shall come into force at once.

2. Amendment of Article 51 of the Constitution.- In the constitution of the Islamic Republic of Pakistan, in clause 4 of Article 51, for the word "third" occurring before the words "general election", the word "fourth" shall be substituted.

-----------

 

STATEMENT OF OBJECTS AND REASONS

With the holding of general elections in November, 1988, that is, the third elections since 1973, the provision in Article 51(4) of the Constitution regarding reservation of seats for women in the National Assembly will cease to be operative for the next general election. A woman could, as from then, become a member of the National Assembly only be competing with the men for the general seats. As known, only two women could compete successfully against as many as 207 seats of the National Assembly in the 1985 and four in the 1988 general elections. The stage is, therefore, yet far from set for letting the provision in the Constitution of reservation of seats for women in the National Assembly die away. Women being an important segment of our body politic and numerically about half of the population, it is absolutely essential that they are represented in the Assembly atleast at the present level. This can only be assured by retaining the provision in the Constitution of reservation of seats for women in the National Assembly for at least one more general elections. Hence the need for the amendment, as suggested in the Bill.

THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1991

ACT NO.XIV OF 1991

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, commencement and duration.- (1) This Act may be called the Constitution (Twelfth Amendment) Act, 1991.

(2) It shall come into force at once.

(3) The provisions of this Act, other than those of section 3, shall remain in force for a period of three years and, on the expiration of the said period, Article 212B inserted by it shall cease to form part of the Constitution and shall stand repealed.

2. Addition of new Article 212B in the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to the Constitution, in Part VII, in Chapter 4, after Article 212, the following new Article shall be added, namely:-

'212B Establishment of Special Courts for trial of heinous offences.- (1) In order to ensure speedy trial of cases of person accused of such of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorised by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.

(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(3) A Special Court shall consist of a Judge, being a person who is, or has been, or is qualified for appointment as, a judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.

(4) A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5) The law referred to in clause(1) shall make provision for the constitution of as many Supreme Courts as the Federal Government may consider necessary and for an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of-

(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan; and

(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.

(6) Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(7) A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal within thirty days.

(8) Notwithstanding anything contained in the Constitution, no court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law."

3. Amendment of Fifth Schedule to the Constitution.- In the Constitution, in the fifth Schedule,-

(1) in the Part relating to the Supreme Court,-

(a) in the first paragraph,-

(i) for the figure "7,900" the figure "9,900", and figure "7,400" the figure "9,500", shall be substituted; and

(ii) after the words "per mensem", at the end, the commas and words , or such higher salary as the President may, from time to time, determine" shall be added; and

(b) for the third paragraph the following shall be substituted, namely:-

" 3. The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a High Court:

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-

 

 

Judge

Minimum Amount

Maximum Amount

Chief Justice

Other Judge

Rs. 7,000

Rs. 6,250

Rs. 8,000

Rs. 7,125 "; and

 

(2) in the Part relating to the High Court,-

(a) in the first paragraph,-

(i) for the figure "7,200" the figure "9,400", and for the figure "6,500" the figure "8,400", shall be substituted; and

(ii) after the words "per mensem", at the end, commas and words ", or such higher salary as the President any, from time to time, determine "shall be added; and

(b) for the third paragraph the following shall be substituted, namely:-

"3. The pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge and total service, if any, in the service of Pakistan:

Provided that the president may, from time to time, raise the minimum or maximum amount of pension so specified:-

 

 

Judge

Minimum Amount

Maximum Amount

Chief Justice

Other Judge

Rs. 5,640

Rs. 5,040

Rs. 7,050

Rs. 6,300

THE CONSTITUTION (THIRTEENTH AMENDMENT) ACT, 1997

ACT NO.1 OF 1997

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:---

1. Short title and commencement.- (1) This Act may be called the Constitution (Thirteenth Amendment) Act, 1997.

(2) It shall come into force at once.

2. Amendment of Article 58 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 58, in clause (2) sub-clause (b) shall be omitted.

3. Amendment of Article l0l of the Constitution.- In the Constitution, in Article 101, in clause (1) for the words "after consultation with" the words "on the advice of " shall be substituted.

4. Amendment of Article 112 of the Constitution.- In the Constitution, in Article 112, in clause (2) sub-clause (b) shall be omitted.

5. Amendment of Article 243 of the Constitution.- In the Constitution, in Article 243, in clause (2), in sub-clause (c) the words "in his discretion" shall be omitted.

THE CONSTITUTION (FORTEENTH AMENDMENT) ACT, 1997

ACT NO. XXIV OF 1997

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan in order to prevent instability in relation to the formation or functioning of governments;

It is hereby enacted as follows:--

1. Short title and commencement.-- (1) This act may be called the Constitution (Fourteenth Amendment) Act, 1997.

(2) It shall come into force at once.

2. Addition of new Article 63A in the Constitution.- In the Constitution of Islamic Republic of Pakistan after Article 63 the following new Article shall be inserted, namely:--

"63A" Disqualification on ground of defection, etc. - (1) If a member of a Parliamentary Party defects, he may by means of a notice in writing addressed to him by the Head of the political party or such other person as may be authorized in this behalf by the Head of the political party, be called upon to show cause, within not more than seven days of such a notice, as to why a declaration under clause (2) should not be made against him. If a notice is issued under this clause, the presiding officer of the concerned House shall be informed accordingly.

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

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

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

(c) obstains from voting in the House against party policy in relation to any Bill.

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

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

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

(5) For the purpose of this Article.--

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

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

(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to any action under this Article.".

THE CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1998

[AS PASSED BY THE NATIONAL ASSEMBLY]

A

BIlL

further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS sovereignty over the entire universe belongs to Almighty Allah alone and the authority which He has delegated to the State of Pakistan through its people for being exercised through their chosen representatives within the limits prescribed by Him is a sacred trust.

AND WHEREAS the Objectives Resolation has been made a substantive part of the Constitution.

AND WHFREAS Islam is the State religion of Pakistan and it is the obligation of the State to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance, with the fundamental principles and basic concepts of Islam as set out in the, Holy Quran and Sunnah.

AND WHEREAS Islam enjoins the establishment of a social order based on Islamic values, of prescribing what is right and forbidding what is wrong (amr bil ma'roof wa nahi anilmunkar):

AND WHEREAS in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan;

NOW, THEREFORE, it is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution (Fifteenth Amendment) Act, 1998.

(2) It shall come into force at once.

2. Addition of new Article 2B in the Constitution.- In the Constitution of the Islamic Republic of Pakistan, after Article 2A, the following new Article shall be inserted, namely:-

 

"2B, Supremacry of the Quran and Sunnah.- (1) The Holy Quran and Sunnah of the Holy Prophet Muhammad, Sallalah-O-Alai-he-Wasallam, shall be the supreme law of Pakistan.

Explanation.- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.

(2) The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma'roof and nahi anil maunkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.

(3) Nothing contained in this Article shall affect the personal law, religious freedom, traditions or customs of non-Muslims and their status as citizen.

(4) The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgement of any Court.".

-----------------

STATEMENT OF OBJECTIS AND REASONS

In view of the fact that the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared to be the supreme law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah.

2. The Bill seeks to amend the Constitution for the above purposes.

THE CONSTITUTION (SIXTEENTH AMENDMENT) BILL, 1999

[AS INTRODUCED IN THE NATIONAL ASSEMBLY]

A

BILL

further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purpose hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Constitution

(Sixteenth Amendment) Act, 1999.

    1. It shall come into force at once.

2. Amendment of Article 27 of the Constitution.-- In the Constitution of the Islamic Republic of Pakistan, in Article 27, in clause (1), in the first proviso for the word "twenty" the word "forty" shall be substituted and shall be deemed always to have been so substituted.

……………….

 

STATEMENT OF OBJECTS AND REASONS

Article 27 of the Constitution, provides a safeguard for the citizens of Pakistan against discrimination in the services of Pakistan. But, since at the time of the commencement of the Constitution all citizens did not have equal opportunities to advance in education and professional training it was provided that for a period of ten years posts may be reserved for persons belonging to various areas to secure their adequate representation. Even after the expiration of the period of ten years fixed originally the persons residing in various areas did not have equal opportunities in education. Thus, in 1985 the said period was extended to twenty years. Even today all citizens do have not equal opportunities to advance in education and professional training. Therefore, in order to provide adequate representation to persons belonging to various areas it is appropriate that the Constitution is amended to extend the said period to forty years. The amendment shall maintain continuity in the reservation of posts. The National Assembly has already resolved unanimously on 30th June, 1998, that the quota system in the country should be extended for another 20 years on a fair and equitable basis and rights of underdeveloped areas and minorities may be protected.

2. The Bill seeks to achieve the aforesaid object.

THE CONSTITUTION (AMENDMENT) ORDER 1979

PRESIDENT'S ORDER NO.3 OF 1979

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President and CMLA is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1979.

(2) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.

2. Insertion of new Chapter 3A in Part VII of the Constitution.- In the Constitution, in Part II after Chapter 3, the following new Chapter shall be inserted, namely:-

 

CHAPTER 3A

SHARIAT BENCHES OF SUPERIOR COURTS

 

203A. Provisions of Chapter to override other provisions of the Constitution.- The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution.

203B. Conferment of jurisdiction on High Court.- (1) A High Court may, on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereafter in this Chapter referred to as the Injunctions of Islam.

Explanation.- In this Chapter, "law" includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of three years form the commencement of this Chapter, any fiscal law, or any law relating to the collection of taxes and fees or banking or insurance practice and procedure.

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

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

(b) the extent to which such law or provision is so repugnant;

and specify the day on which the decision shall take effect.

(3) Every decision of the High Court shall be published in the official Gazette.

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

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

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

(5) A party to any proceedings before the High Court under clause (1) may be represented by a legal practitioner who is a Muslim who has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsult maintained by the High Court for the purpose.

(6) For being eligible to have his name borne on the panel of jurisconsult referred to in clause (5), a person shall be an aalum who, in the opinion of High Court, is well-versed in Shariat.

(7) A legal practitioner or jurisconsult representing a party before the High Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.

(8) The High Court may invite any person in Pakistan or abroad whom the High Court considers to be well-versed in Islamic law to appear before it and eider such assistance as may be required of him.

(9) No court fee shall be payable in respect of any petition or application made to a High Court under this Article.

(10) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in each High Court a Bench consisting of three Muslim Judges of the High Court, to be called the Shariat Bench and reference in the preceding clauses to the High Court shall be construed as a reference to the Shariat Bench.

203C. Appeal to Supreme Court.- (1) Any party to any proceedings before a High Court under Article 203B aggrieved by the final decision of the High Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court.

(2) The Provision of clauses (2) to (9) of Article 203B shall apply to and in relation to the Supreme Court as if reference in those provisions to High Court were a reference to the Supreme Court.

(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench consisting of three Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench; and reference in the preceding clauses to the Supreme Court shall be construed as a reference to the Shariat Appellate Bench.

203D. Pending Proceedings to continue.- Nothing in Article 203B or Article 203C shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter, or initiated after such commencement, to be adjourned or stayed by reason of a petition having been made to a High Court or the Supreme Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force.

203E. Power to make rules.- (1) The Supreme Court, in consultation with the High Courts, may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters,-

(a) regulation of the practice and procedure of a High Court and the Supreme Court in the exercise of jurisdiction under this Chapter;

(b) the maintenance by a High Court and the Supreme Court of a panel of jurisconsult and of ulema who may be invited by the High Court or, as the case may be, Supreme Court to appear before it and render assistance to it in the performance of its functions under this Chapter and the qualifications of such ulema; and

(c) the scale of payment of the honorarium, travelling allowance and daily allowance to be paid to ulema, jurisconsult, experts and witnesses summoned by the High Court or the Supreme Court in the performance of its functions under this Chapter."

3. Repeal.- The Shariat Benches of Superior Courts Order 1978 (P.O. No.22 of 1978), is hereby repealed.

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1979

PRESIDENT'S ORDER NO.21 OF 1979

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977) and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1979,

(2) It shall come into force at once and shall be deemed to have taken effect on the fifth day of July, 1977.

2. Addition of new Article 212A in the Constitution.- In the Constitution in Part VII, after Article 212, the following new Article shall be added, namely:-

"212A. Establishment of Military Courts or Tribunal.-

(1) Notwithstanding anything herein before contained, the Chief Martial Law Administrator may, by a Martial Law Order, provide for the establishment of one or more Military Courts or Tribunals for the trial of offences publishable under the Martial Law Regulations or Martial Law Orders or any other law, including a special law, for the time being in force specified in the said Martial Law Order and for the transfer of cases to such Courts or Tribunals.

(2) The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued by the Chief Martial Law Administrator.

(3) Notwithstanding anything hereinbefore contained, where any Military Court or Tribunal is established, no other court, including a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other court, other than an appeal pending before the Supreme Court, shall abate."

THE CONSTITUTION (AMENDMENT) ORDER, 1980

PRESIDENT'S ORDER NO.1 OF 1980

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order NO.1 of 1977), and in exercise of all powers enabling him in that behalf, the , the President is pleased to make the following Order-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1980.

(2) It shall come into force at once.

2. Amendment of Article 199 of the Constitution.- In the Constitution, in Article 199, after clause (3), the following new clause shall be inserted. namely:-

" (3A) Notwithstanding any judgment of any court, including any judgment in respect of the powers of courts relating to judicial review, a High Court shall not, under this Article,-

(a) make an order relating to the validity or effect of any Martial Law Regulation made by the Chief Martial Law Administrator or any Martial Laws Order made by the Chief Martial Law Administration or a Martial Law Administrator or of any thing done, or action taken, or intended to be done or taken, thereunder;

(b) make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal;

(c) grant an injunction, make any order or entertain any processing in respect of any matter to which the jurisdiction of a Military Court or Tribunal extends and of which cognizance have been taken by a Military or Tribunal; or

(d) issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under authority of either.

(3B) Every such order, injunction or process as is referred to in clause (3A) made, granted or issued at any time before or after the commencement of the Constitution (Amendment) Order, 1980, shall notwithstanding any judgment of any court, be null and void at of no effect whatsoever and any proceedings for the making, granting or issue of such order, injunction or process which may pending before any court, including the Supreme Court and a High Court, shall abate.

(3C) The Proclamation of the fifth day of July, 1977, all President Order, Orders of the Chief Martial Law Administrator, Martial Law Regulations and Martial Law Orders made on or after the fifth day of July, 1977, were hereby declared, notwithstanding any judgment of any court, to have been validly made.".

3. Substitution of Chapter 3A in Part VII of the Constitution.- In Constitution, in Part VII for Chapter 3A the following shall be substituted namely:-

 

"CHAPTER 3A

FEDERAL SHARIAT COURT

203A. Provision of Chapter to override other provisions of Constitution. The provision=s of this Chapter shall have effect notwithstanding anything contained in the Constitution.

203B. Definitions.- In this Chapter, unless there is anything repugnant the subject or context.-

(a) " Chairman" means Chairman of the Court;

(b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C:

(c) " law" includes any custom or usage having the force of law by does next include the Constitution, Muslim personal law, any law relating toe the procedure of any court or tribunal or, until the expiration of three years from the commencement of this Chapter, any fiscal law any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and

(d) "member" means member of the Court.

203C. The Federal Shariat Court.- (1) There shall be constituted for the purposes of this Chapter a court to be called the Federal Shariat Court.

(2) The Court shall consist of five members, including the Chairman, to appointed by the President.

(3) The Chairman shall be a person who is, or has been or is qualified to be a judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a judge of a High Court.

(4) The Chairman and a member shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:

Provided that a judge of a High Court shall not be appointed to be a member for a period exceeding one year except with his consent and after consultation by the President with the Chief Justice of High Court.

(5) A judge of a High Court who does not accept appointment as a member shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as judge and total service, if any, in the service of Pakistan.

(6) The Principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the Chairman may, with the approval of the President, appoint.

(7) Before entering upon office, the Chairman and a member shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.

(8) At any time when the Chairman or a member is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chairman or, as the case may be, member.

(9) A Chairman who is not a judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a judge of the Supreme Court and a member who is not a judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a judge of a High Court.

203D. Powers, jurisdiction and functions of the Court.- (1) The Court may, on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.

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

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

(b) the extent to which such law or provision is so repugnant;

and specify the day on which the decision shall take effect.

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

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

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

(4) A decision of the Court shall be expressed in terms of the opinion of the majority of its members and shall be published in the official Gazette.

203E. Powers and procedure of the Court.-(1) For the purposes of the performances of its functions, the Court shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908(A ct V of 1908) in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits; and

(d) issuing commissions for the examination of witnesses or documents.

(2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.

(3) The Court shall have the power of a High Court to punish its own contempt.

(4) A party to any proceedings before the Court under clause (1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsult maintained by the Court for the purpose.

(5) For being eligible to have his name borne on the panel of jurisconsult referred to in clause (4), a person shall be an aalim who, in the opinion of the Court, is well-versed in Shariat.

(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Inductions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.

(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear it and render such assistance as may be required of him.

No court fee shall be payable in respect of any petition or application to the Court under this Article.

203F. Append to Supreme Court.- (1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court.

(2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court reference in those provisions to Court were a reference to the Supreme Court.

(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench consisting of three Muslim judges of the Supreme ?Court to be called the Shariat Appellate Bench, and reference in the preceding clause to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench, reference in the preceding clauses to " Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.

203H. Pending Proceedings to continue, etc.- (1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to be Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force.

(2) All proceedings under clause(1) of Article 203A of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they arise transferred.

(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other court or tribunal.

203I. Administrative arrangements. etc.- The Federal Government shall make all such administrative arrangements , and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court.

203J. Power to make rules.- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:-

(a) the scale of payment of honoraria to be made to jurisconsult, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the; purposes of the proceedings before the Court ; and

(b) the form of oath to be made a jurisconsult, expert or witness appearing before the Court.

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

4. Amendment of Third Schedule to the Constitution.- In the Constitution, in the Third Schedule, after the form of oath prescribed for the office of Chief Justice of Pakistan, the following form shall be inserted, namely:-

" Chairman or member of Federal Shariat Court Article 203C(7)

I, _______________, do solemnly swear that, as the Chairman (or a member) of the Federal Shariat Court, I will discharge may duties, and perform my functions, honestly, to the best of my ability and faithfully in accordance with law;

And that I will not allow my person interest to influence my official conduct or my official decisions.

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1980

PRESIDENTS ORDER NO.4 OF 1980

In pursuance of the Proclamation of the fifth day of July, 1977. read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1980.

(2) It shall come into force at once.

2. Amendment of Article 203C of the Constitution.- In the Constitution in Article 203C.-

(a) in clause (2), after the word "five" the word "Muslim" shall be inserted;

(b) in clause (4), in the proviso, after the word "and" the commas and words ", except where the judge is himself the Chief Justice", shall be inserted; and

(c) after clause (4), amended as aforesaid the following new clause shall be inserted, namely:-

"(4A) The Chairman, if he not a judge of the Supreme Court, and a member who is not a judge of a High Court, may, by writing under his hand addressed to the President, resign his office."

3. Amendment of Article 203D of the Constitution.- In the Constitution, in Article 203D, clause (4) shall be omitted.

4. Insertion of new Article 203DD in the Constitution.- In the Constitution, after Article 203D, amended as aforesaid, the following new Article shall be inserted, namely;

" 203DD, Further jurisdiction of the Court.-The Court shall have such other jurisdiction as may be conferred on it by or under any law."

5. Amendment of Article 203E of the Constitution.- In the Constitution, in Article 203E, in clause (8)_ for the words "this Article" the word, figure and letter "Article 203D" shall be substituted.

6. Amendment of Article 203J of the Constitution.- In the Constitution, in Article 203J, in clause (2),-

(a) in paragraph (a) the word "and" at the end shall be omitted;

(b) in paragraph (b), for the full stop at the end a semicolon shall be substituted; and

(c) after paragraph (b), amended as aforesaid, the following new paragraphs shall be added, namely:-

"(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman;

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

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

THE CONSTITUTION (THIRD AMENDMENT) ORDER, 1980

PRESIDENT'S ORDER NO.14 OF 1980

In pursuance of the Proclamation of the fifth of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution(Third Amendment) Order, 1980.

(2) It shall come into force at once.

2. Amendment of Article 227 of the Constitution.- In the Constitution, in Article 227, in clause (1), the following Explanation shall be added at the end, namely:-

" Explanation.- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect."

THE CONSTITUTION (FOURTH AMENDMENT)

ORDER, 1980

PRESIDENT'S ORDER NO.16 OF 1980

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order NO.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Fourth Amendment) Order, 1980.

(2) It shall come into force at once.

2. Amendment of Article 228 of the Constitution.- In the Constitution, in Article 228, in clause (2), for the word "fifteen" the word "twenty" shall be substituted.

 

 

THE CONSTITUTION (AMENDMENT) ORDER, 1981

PRESIDENT'S ORDER NO.5 OF 1981

In pursuance of the Proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1981.

(2) It shall come into force at once.

2. Insertion of new Article 203CC in the Constitution.- In the Constitution, after Article 203C, the following new Article shall be inserted, namely:-

"203CC, Panel of Ulema and Ulema members.- (1) The President may, in consultation with the Chairman, draw up a panel of Ulema who are well-versed in Islamic Law for being associated with the Court in cases before it.

(2) The Chairman shall, in all cases before the Court request the Ulema, not exceeding three, borne one the aforesaid panel to attend the sitting of the Court as Ulema members and, while so sitting they shall have the same power and jurisdiction, and be entitled to the same privileges, as a member and such allowances as may be determined by the President."

3. Amendment of Article 203E of the Constitution.- In the Constitution, in Article 203E, after clause (8) the following new clause shall be added, namely:-

"(9) The Court shall have power to review any decision given or order made by it."

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1981

PRESIDENT'S ORDER NOL.7 OF 1981

 

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order NO.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order, may be called the Constitution (Second Amendment) Order, 1981.

(2) It shall come into force at once.

2. Amendment of Article 203C of the Constitution.- In the Constitution, in Article 203C, for clause (2) the following shall be substituted, namely:-

"(2) The Court shall consist of not more than eight Muslim members, including the Chairman, to be appointed by the President."

3. Omission of Article 203CC of the Constitution.- In the Constitution, Article 203CC shall be omitted.

THE CONSTITUTIOIN (THIRD AMENDMENT) ORDER, 1981

PRESIDENT'S ORDER NO.12 OF 1981

 

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Third Amendment) Order, 1981.

(2) It shall come into force at once.

2. Amendment of Article 259 of the Constitution.- In the Constitution, in Article 259, in clause (2), for the words "or academic distinction", the comma and words", academic distinction or distinction in the field of sports or nursing" shall be substituted.

THE CONSTITUTION (FOURTH AMENDMENT) ORDER, 1981

PRESIDENT'S ORDER NO.13 OF 1981

 

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order-

1. Short title and commencement.- (1) This Order may be called the Constitution (Fourth Amendment) Order, 1981.

(2) It shall come into force at once and shall be deemed to have taken effect on the first day of July, 1981.

2. Amendment of Fifth Schedule to the Constitution.- In the Constitution, in the Fifth Schedule,-

(a) in the Part relating the Supreme Court, in the first paragraph, for the figure "5,500" the figure "6,500" and for the figure "5,100" the figure "6,000" shall be substituted; and

(b) in the Part relating to the High Court, in the first paragraph, for the figure "5,000" the figure "5,800" and for the figure "4,000" the figure "5,000" shall be substituted.

THE CONSTITUTION (AMENDMENT) ORDER, 1982

PRESIDENT'S ORDER NO.2 OF 1982

 

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force ) Order, 1977 (CMLA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1982.

(2) It shall come into force at once.

2. Amendment of Article 181 of the Constitution.- In the Constitution in Article 181, in clause (1), the following explanation shall be added at the end, namely:-

" Explanation.- In this clause, 'Judge of a High Court' includes a person who has retired as a Judge of a High Court".

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1982

PRESIDENT ORDER NO.5 OF 1982

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1982.

(2) It shall come into force at once.

2. Amendment of Article 203B of the Constitution.- In the Constitution, in Article 203B,-

(a) for paragraph (a) the following shall be substituted, namely:-

"(a) 'Chief Justice' means Chief Justice of the Court;"

(b) after paragraph (b) the following new paragraph shall be inserted namely:-

"(bb) "Judge" means judge of the court; and

(c) paragraph (d) shall be omitted.

3. Amendment of Article 203C of the Constitution.- In the Constitution, in Article 203C.-

(a) for the word " members" the word "Judges" shall be substituted;

(b) for the word "Chairman" wherever occurring, the words "Chief Justice" shall be substituted; and

(c) for the word "member", wherever occurring, the word "Judge" shall be substituted.

4. Amendment of Article 203D of the Constitution.- In the Constitution, in Article 203D, in clause (1) after the word and comma " may", the words "either of its own motion or" shall be inserted.,

5. Substitution of Article 203DD of the Constitution.- In the Constitution, for Article 203 DD the following shall be substituted, namely:-

"203DD, Revisional and other jurisdiction of the Court.-

(1) The Court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

(2) In any case, the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence;

Provided that noting in this Article shall be deemed to authorise the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence.

(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law."

6. Amendment of Article 203F of the Constitution.- In the Constitution, in Article 203F, after clause (2), the following new clauses shall be inserted, namely:-

"(2A) An appeal shall lie to the Supreme Court from any judgement, final order or sentence of the Federal Shariat Court-

(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years, or, on revision has enhanced a sentence as aforesaid: or

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

(2B) An appeal to the Supreme Court from a judgement, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal."

7. Insertion of new Article 203GG in the Constitution.- In the Constitution, after Article 203G, the following new Article shall be inserted, namely:-

"203GG. Decision of court binding on High Court and courts subordinate to it.- Subject to Articles 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court."

8. Omission of Article 203I of the Constitution.- In the Constitution, Article 203I shall be omitted.

9. Amendment of Article 208 of the Constitution.- In the Constitution, in Article 208, after the words "Supreme Court" the words " and the Federal Shariat Court" shall be inserted.

THE CONSTITUTION (THIRD AMENDMENT) ORDER, 1982

PRESIDENT'S ORDER NO.12 OF 1982

In pursuance of the Proclamation of the fifth day of July, 1977 and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Sort title and commencement.- (1) This Order may be called the Constitution (Third Amendment) order, 1982.

(2)It shall come into force at once.

(2) Amendment of Article 203F of the Constitution.- In the Constitution, in Article 203F, for clause (3) the following shall be substituted, namely:-

"(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of-

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

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

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

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

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

THE CONSTITUTION (FOURTH AMENDMENT) ORDER, 1982

PRESIDENT'S ORDER NO.13 OF 1982

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Fourth Amendment) Order, 1982.

(2) It shall come into force at once.

2. Amendment of Article 228 of the Constitution.- In the Constitution in Article 228, for clause (4) the following shall be substituted, namely:-

"(4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof."

THE CONSTITUTION (AMENDMENT) ORDER, 1983

PRESIDENT'S ORDER NO.4 OF 1983

In pursuance of the Proclamation of the fifth day of July,1 977 and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1983.

(2) It shall come into force at once and shall be deemed to have taken effect on the first day of July, 1981.

2. Amendment of Fifth Schedule to the Constitution.- In the constitution, in the Fifth Schedule, -

(a) in the Part relating to the Supreme Court, in paragraph 3, for the figure "1,500" the figure "3,000" and for the figure "1,950" the figure "4,000" shall be substituted; and

(b) in the Part relating to the High Court in paragraph 3, for the figure 1,000" the figure "2,100" and for the figure "1,750" the figure "3,600" shall be substituted.

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1983

PRESIDENT'S ORDER NO.7 OF 1983

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1983.

(2) It shall come into force at once.

2. Amendment of Article 203B of the Constitution.- In the Constitution, in Article 203B, for the word "three" the word "four" shall be substituted.

THE CONSTITUTION (THIRD AMENDMENT) ORDER, 1983

PRESIDENT'S ORDER NO.9 OF 1983

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- This Order may be called the Constitution (Third Amendment) Order, 1983.

(2) It shall come into force at once.

2. Amendment of Article 203F of the Constitution.- In the Constitution, in Article 203F, in clause (1), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

" Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision."

THE CONSTITUTION (AMENDMENT) ORDER, 1984

PRESIDENT'S ORDER NO.1 OF 1984

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased in to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1984.

(2) It shall come into force at once.

2. Amendment of Article 203D of the Constitution.- In the Constitution, in Article 203D.-

(a) after clause (1) the following new clause shall be inserted, namely:-

"(1A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal legislative List or the Concurrent Legislative List or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court."; and

(b) in clause (2) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added and shall be deemed always to have been so added, namely:-

"Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal."

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1984

PRESIDENT'S ORDER NO.2 OF 1984

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1984.

(2) It shall come into force at once.

2. Amendment of Article 203B of the Constitution.- In the Constitution in Article 203B for the word "four" the word :"five" shall be substituted.

THE CONSTITUTION (AMENDMENT) ORDER, 1985

PRESIDENT'S ORDER NO. 6 OF 1985

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf; the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1985.

(2) It shall come into force at once.

2. Amendment of Fifth Schedule to the Constitution.- In the Constitution; in the Fifth Schedule,-

(a) In the Part relating to the Supreme Court,-

(i) in the first and the third paragraphs, for the figure "6,500" the figure "7,900" for the figure "6,000" the figure "7,400", for the figure "3,000" the figure "3,600", and for the figure "4,000" the figure "4,600" shall be substituted and shall be deemed to have been so substituted on the first day of July, 1983; and

(ii) after the third paragraph, the following new paragraphs shall be added and shall be deemed to have been so added on the first day of July, 1981, namely:-

"4. The widow of a Judge of the Supreme Court shall be entitled to a pension at the following rates, namely:-

(a) if the Judge dies after retirement 50 percent of the net pension payable to him; or

(b)if the Judge dies after having rendered not less than three years service as Judge and while still serving as such-50 percent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.

6. If the widow dies, the pension shall be payable-

(a) to the sons of the Judge who are less than twenty one years of age, until they attain that age; and

(b) to the unmarried daughters of the Judge who are less than twenty one years of age until they attain that age or are married, whichever first occurs"; and

(b) in the Part relating to the High Court,-

(i) in the first and the third paragraphs, for the figure "5,800" the figure "7,200" for the figure "5,000" the figure "6,500" for the figure "2,100" the figure "2,400" and for the figure "3,600" the figure "4,200" shall be substituted and shall be deemed to have been so substituted on the first day of July, 1983; and

(ii) after the third paragraph, the following new paragraphs shall be added and shall be deemed to have been so added on the first day of July, 1981, namely:-

4. The widow of a Judge of the High Court shall be entitled to a pension at the following rates, namely:-

(a) if the Judge dies after retirement-50 per cent of the net pension payable to him; or

(b) if the Judge dies after having rendered not less than five years service as judge and while still serving as such-50 percent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow far life or, if she remarries, until her marriage.

6. If the widow dies, the pension shall be payable

(a) to the sons of the Judge who are less than twenty one years of age, until they attain they attain that age: and

(b) to the unmarried daughters of the Judge who are less than twenty one years of age, until they attain that age or are married, whichever first occurs.

THE CONSTITUTION (AMENDMENT) ORDER, 1985

PRESIDENT'S ORDER NO.11 OF 1985

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Amendment) Order, 1985.

(2) It shall come into force at once.

2. Addition of new Article 165A in the Constitution.- In the Constitution, in Part VI, in Chapter I, after Article 165, the following new Article shall be added, namely:-

"165A. Power of Parliament to impose tax on the income of certain corporations, etc.-(1) For the removal of doubt, it is hereby declared that Parliament has, and shall be deemed always to have had, the power to make a law to provide for the levy and recovery of a tax on the income of a corporation, company or other body or institution established by or under a Federal law or a Provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly or indirectly, by the Federal Government or a Provincial Government, regardless of the ultimate estimation of such income.

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

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

THE REVIVAL OF THE CONSTITUTION OF 1973 ORDER, 1985

PRESIDENT'S ORDER NO. 14 OF 1985.

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Revival of the Constitution of 1973 Order, 1985.

2. It shall come into force at once.

2. Amendment of the Constitution.- The Constitution of the Islamic Republic of Pakistan, 1973, is hereby amended to the extent and in the manner specified in the third column of the Schedule.

3. First meetings of National Assembly, Senate and Provincial Assemblies.- (1) The first meeting of a Provincial Assembly shall be held on the twelfth day of March, 1985, for the election of the members to fill seats reserved in the Assembly for women and the members of the Senate and transaction of such other business as the President may specify.

(2) The first meeting of the National Assembly shall be held on the twentieth day of March, 1985, for the election of the Speaker and Deputy Speaker, the members to fill seats reserved in the Assembly for women and the members of the Senate from the Federally Administered Tribal Areas and the Federal Capital and the transaction of such other business as the President may specify.

(3) The first meeting of the Senate shall be held on the twenty-first day of March, 1985, for the election of the Chairman and Deputy Chairman.

(4) The National Assembly and the Senate shall meet in joint sitting on the twenty-third day of March, 1985.

4. Revival of Constitution of 1973, etc.- The provisions of the Constitution, as amended by this Order, shall stand revived on such day as the President may, by notification in the official Gazette, appoint and different days may be so appointed in respect of different provisions.

5. Removal of difficulties.- (1) If any difficulty arises in giving effect to any of the provisions of this Order, the President may made such provisions and pass such orders as he may deem fit.

(2) The validity of any provision made, or orders passed, under clause (1) shall not be called in Question in any court.

 

THE SCHEDULE

(See Article 2)

 

Serial

No.

Number of Article or

Chapter, etc.

 

Amendments made

1

2

3

1. 1. In this Article, and in the succeeding provisions of the Constitution, for the word "Parliament", wherever occurring, the words and brackets "Majlis-e-Shoora (Parliament)" shall be substituted.

2. Part I. After Article 2, the following new Article shall be inserted, namely:-

"2A. The Objectives Resolution to form part of substantive provision.- The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly."

3. 5. In clause (2), for the word. "basic" the word "inviolable" shall be substituted.

4. 27. In clause (1), in the first proviso, for the word "ten" the word "twenty" shall be substituted.

5. 31. In Clause (2), in paragraph (c), after the word and comma "zakat,"the word and comma "ushr," shall be inserted.

6. 41. 1. For clause (3) the following shall be substituted, namely:-

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

(a) the members of both Houses; and

(b) the members of the Provincial Assemblies."

2. After clause (6), the following new clause shall be inserted, namely:-

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

7. 46. For this Article the following shall be substituted, namely:-

"46. Duties of Prime Minister in relation to President.- It shall be the duty of the Prime Minister-

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

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

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

8. 47. 1. In the marginal heading after the word "Removal", the words "or impeachment" shall be inserted.

2. For clauses (1)and (2) the following shall be substituted namely:-

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

(2) Not less than one half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him".

9. 48. For this Article the following shall be substituted, namely:-

"48. President to act on advice, etc.-(1) In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet, the Prime Minister, or appropriate Minister:

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

(2) Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so.

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

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

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

(a) appointed a date, not later than one hundred days from the date of the dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.

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

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

10. 50. For this Article the following shall be substituted, namely:-

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

11. 51. 1. In clause(1), for the words "two hundred" the words "two hundred and seven Muslim"shall be substituted.

2. In clause (2),-

(a) in paragraph (b), for the word "eighteen" the word twenty-one" shall be substituted;

(b) in paragraph (d), for the colon at the end a full stop shall be substituted; and

(c) the proviso shall be omitted.

3. For clause (2A) the following shall be substituted, namely:-

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

 

 

Christians. 4

Hindus and persons belonging to the scheduled castes 4

Sikh, Buddhist and Parsi communities 1

and other non-Muslim

Persons belonging to the Quadiani group or 1

the Lahori group (who call themselves Ahmadis)

4. In clause (4), for the words"ten seats" the words "twenty seats" shall be substituted.

5. For clauses(4A) and (5) the following shall be substituted, namely:-

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

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

12. 54. In clause (2), for the word "two the word "three", and for the word "thirty" the word "sixty", shall be substituted.

13. 56. This Article shall be re-numbered as clause (1) and after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely:-

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

(3) At the commencement of each session of the Majlis-e-Shoora (Parliament), the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.

(4) Provision shall be made in the rules for regulating the procedure of a House and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the President."

14. 58. 1. This Article shall be re-numbered as clause (1) and , in clause (1) re-numbered as aforesaid, in the Explanation, the word, brackets and figures "or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95" shall be omitted.

2. After clause (1), re-numbered and amended as aforesaid, the following new clause shall be added, namely:-

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

15. 59. 1. In clause (1),-

(a) for the word "sixty-three" the word "eighty-seven"shall be substituted;

(b) in paragraph (b),-

(i) for the word "five" the word "eight" shall be substituted; and

(ii) the word "and" at the end shall be omitted;

(c) in paragraph (c),-

(i) for the word "two" the word "three" shall be substituted; and

(ii) for the full stop at the end the semicolon and word ";and" shall be substituted; and

(d) after paragraph (c), amended as aforesaid, the following new paragraph shall be added, namely:-

"(d) five shall be elected by the members of each Provincial Assembly to represent ulema, technocrats and other professionals."

2. For clause (3) the following shall be substituted namely:-

"(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

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

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

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

Provided that the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled,".

3. After clause (3), substituted as aforesaid, the following new clause shall be added, namely:-

"(4) A casual vacancy in the office of a member referred to in paragraph (d) of clause (1) shall be filled for the remainder of the term of such member by the members of the Provincial Assembly by whom such member had been elected electing another person under the said paragraph."

16. 62 and 63. For these Articles the following shall be substituted, namely:-

"62. Qualifications for membership of Majlis-e-Shoora (Parliament).-A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

(a) he is a citizen of Pakistan;

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

(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;

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

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

    1. he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan:

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

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

63. Disqualifications for membership of Majlis-e-Shoora (Parliament).-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora(Parliament), if-

    1. he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

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

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

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

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan , or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or

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

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

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

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or

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

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

Provided that the disqualification under this paragraph shall not apply to a person-

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

(ii) where the contract has been entered into by or on behalf of a public companies defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

Explanation.-In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.

    1. he holds any office of profit in the service of Pakistan other than the following offices, namely:-

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii) the Qaumi Razakars;

    1. any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(p) he is for the time being disqualified form being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

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

 

17. 70 and 71. For these Articles the following shall be substituted, namely:-

"70. Introduction and passing of Bills.- A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall be presented to the President for assent.

(2) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting.

 

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

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

18. 73. In clause (1), the words and figure "or Article 71" shall be omitted.

19. 75. For this Article the following shall be substituted, namely:-

"75. President's assent to Bills.-(1) When a Bill is presented to the President for assent, the President shall, within fortyfive day,-

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to thes Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and , if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the total membership of the two Houses, it shall be again presented to the President and the President shall assent thereto.

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

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

20. 90,91,92,93, For these Articles the following shall be substituted,

94,95 and 96 namely:-

"90. Exercise of executive authority of the Federation.-The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitutions.

91. The Cabinet.-(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.

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

(3) The person appointed under clause (2) shall, before entering upon the office make before the President oath in the form set out is the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the National Assembly.

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

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

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

(7) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected member of that Assembly:

Provided that nothing contained in this clause shall apply to a Minister who is a member of the Senate.

(8) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime minister or other Minister or as Minister of State during any such period.

92. Federal Ministers and Ministers of State.- (1) Subject to clauses (7) and (8) of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:

Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at nay time exceed one-fourth of the number of Federal Minister.

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

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

93. Advisers.- (1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine.

(2) The provisions of Article 57 shall also apply to an Adviser.

94. Prime Minister continuing in office.- The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.

95. Vote of no-confidence against Prime Minister.- (1) A resolution for a vote of no-confidence moved by not less than twenty percent of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.

(2) A resolution referred to in clause (1) shall not be voted upon before the expansion of three days, or later than seven days from the day on which such resolution moved in the National Assembly.

(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.

(4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office."

21. 99. For this Article the following shall be substituted namely:-

"99. Conduct of business of Federal Government.-(1 All executive actions of the Federal Government shall be expressed to be taken in the name of the President.

(2) The President shall be rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order of instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President.

(3) The President shall also make rule for the allocation and transaction of the business f the Federal Government."

22. 101. 1. In clause (1), after the word "President" at the end, the words "in his discretion" shall be added.

2. After clause (4), the following new clause shall be added, namely:-

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

23. 105. For this Article the following shall be substituted, namely:-

"105. Governor to act on advice, etc.-(1) Subject to the Constitution, in the performance of his functions, the Governor shall act in accordance with the advice of the Cabinet, Chief Minister or appropriate Minister:

Provided that the Governor may require the Cabinet to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration:

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

(a) appointment of the Chief Minister;

(b) dismissal of a Cabinet which has lost the confidence of the Provincial Assembly; and

(c) dissolution of the Provincial Assembly, when an appeal to the electorate is necessary.

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

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

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

(5) The provisions of clause (3) of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor."

24. 106. 1. In clause (2),-

(a) in paragraph (b), for the word "eighteen" the word "twenty-one" shall be substituted;

(b) in paragraph (d), for the colon at the end a full stop shall be substituted; and

(c) the proviso shall be omitted.

2. For clause (3) the following shall be substituted, namely:-

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

 

Province

Christians

Hindus and persons belonging to the Scheduled Castes

Sikh, Budhist Parsi Comunities and other non-Muslims

Persons belonging to the Quadiani or the Lahori Group (Who called themselves Ahmadis)

Baluchistan

The North West Frontier Province

The Punjab

Sind

1

1

 

5

2

1

-

 

1

5

1

1

 

1

1

-

1

 

1

1

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

3. For clause (5) the following shall be substituted, namely:-

"(5) The members to fill the seats referred to in clause (3) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

(6) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats in that Assembly reserved for women shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly."

25. 113. For this Article the following shall be substituted, namely:-

"113. Qualifications and disqualifications for membership of Provincial Assembly.-The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to "National Assembly" were a reference to "Provincial Assembly."

26. 116. For this Article the following shall be substituted, namely:-

"116. Governor's assent to Bills.-(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.

(2) When a Bill is presented to the Governor for assent, the Governor shall, within forty-five days,-

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(3) When the Governor has returned a Bill to the Provincial Assembly, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the total membership of the Provincial Assembly, it shall be again presented to the Governor and the Governor shall assent thereto.

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

(5) No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution."

27. 129,130 and 131 For these Articles the following shall be substituted, namely:-

"129. Exercise of executive authority of the Province.-The executive authority of the Province shall vest in the Governor and shall be exercised by him, directly or through officers subordinate to him, in accordance with the Constitution.

130. The Cabinet.-(1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.

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

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

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

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

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

(7) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minster, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

131. Duties of Chief Minister in relation to Governor.-It shall be the duty of the Chief Minster-

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

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

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

28. 132 and 133. For these Articles the following shall be substituted, namely:-

"132. Provincial Ministers.-(1)Subject to clauses (7) and (8) of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister.

(2) Before entering upon office, a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule.

(3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the Chief Minister.

133. Chief Minister continuing in office.-The governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister."

29. 134 and 135. These Articles shall be omitted.

30 136. For this Article the following shall be substituted, namely:-

"136. Vote of no-confidence against Chief Minister.-(1) A resolution for a vote of no-confidence moved by not less than twenty per centrum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly.

(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly.

(3) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office."

31. 139. For this Article the following shall be substituted, namely:-

"139. Conduct of business of Provincial Government.- (1) All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.

(2) The Governor shall be rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.

(3) The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government:"

32 Chapter, 3 Part V In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted, namely:-

152A. National Security Council.-(1) There shall be a National Security Council to make recommendations relating to the issue of a Proclamation of Emergency under Article 232, security of Pakistan and any other matter of national importance that may be referred to it by the President in consultation with the Prime Minister.

(2) The National Security Council shall consist of the President, the Prime minister, the Chairman of the Senate, the Chairman, Joint Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force and the Chief Ministers of the Provinces."

33. 175. In Clause (3), for the word "five" the word "fourteen" shall be substituted.

34. 179. *Clauses (2), (3), (4), (5) and (6) shall be omitted.

35. 180. For the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article" the words "the most senior of the other Judges of the Supreme Court" shall be substituted.

36. Chapter 2, After Article 186, the following new Article shall be

Part VII. inserted, namely:-

"186A. Power of Supreme Court to transfer cases.-The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court."

37. 195. *Clauses (2), (3), (4) (5) and (6) shall be omitted.

38. 196. For the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" the words and commas "one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court" shall be substituted.

39. 198. This Article shall be renumbered as clause (1) and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely:-

"(2) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.

(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sind shall have a Bench at Sukur; the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi.

(4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.

(5) A Bench referred to in clause (3), or established under clause (4), shall consist of sub of the judges of High Court as may be nominated by the Chief Justice from time to time for period of not less than one year.

(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-

(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and

(b) for all incidental, supplemental or consequential matters."

40 199. 1. Clauses (3A), (3B) and (3C), as they stood immediately before the fifth day of July, 1977 and clauses (3A), (3B) and (3C) as inserted by the Constitution (Amendment) Order, 1980 (P.O.NO.1 of 1980), shall be omitted.

2. In clause (4), in paragraph (b), after the words "public interest", the words "or State property" shall be inserted.

3. In clause (4A),-

(a) after the word and comma "with,", the words "State property or" shall be inserted; and

(b) for the words "sixty days" the words "six months" shall be substituted.

    1. After clause (4A), amended as aforesaid, the following new clause shall be inserted namely:-

"(4B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded."

41 200. 1. In clause (1), in the proviso, for the words "one year" the words "two years" shall be substituted.

2. For clause (2) the following shall be substituted, namely:-

"(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine."

3. In clause (3), the following Explanation shall be added at the end, namely:-

"Explanation.-In this Article, "High Court" includes a Bench of a High Court."

 

42. 203B. In paragraph (c), for the word "five" the word "ten" shall be substituted.

43. 203C. After clause (4A) the following new clauses shall be inserted, namely:-

"(4B) The President may, at any time, by order in writing,-

    1. modify the term of appointment of a Judge;
    2. assign to a Judge any other office; and

(c) require a Judge to perform such other functions as the President may deem fit;

and pass such other order as he may consider appropriate.

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

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

44. 204. For this Article the following shall be substituted, namely:-

"204. Contempt of Court.-(1) in this Article, "Court" means the Supreme court or High Court.

(2) A Court shall have power to punish any person who-

(a) abuses, interferes with or obstructs the process of the Court in any way or its obeys any order of the Court;

(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;

(c) does anything which tends to prejudice the determination of a matter pending before the Court; or

(d) does any other thing which, by law constitutes contempt of the Court.

(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court."

45. 212A. This Article shall stand omitted on such day as the President may appoint.

46. 213. In clause (1), after the word "President" at the end, the words "in his discretion" shall be added.

47. 232. In clause (2), for paragraph (a) the following shall be substituted, namely:-

"(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List."

48. 239. For this Article the following shall be substituted, namely:-

"239. Constitution amendment Bill.-(1) A Bill to amend the Constitution may originate in either House and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be transmitted to all the Provincial Assemblies.

(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated; and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be transmitted to all the Provincial Assemblies.

(4) Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or clause (3) is passed by each such Assembly by a majority of the total number of its members present and voting, it shall be presented to the President for assent.

(5) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.

(6) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.

(7) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend by way of addition, modification or repeal any of the provisions of the Constitution."

49. 242. After clause (1), the following new clause shall be inserted, namely:-

"(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President in his discretion."

50. 243. 1. After clause (1), the following new clause shall be inserted, namely:-

 

"(1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President."

2. In clause (2) in paragraph (c), after the word "appoint", the words and commas "in his discretion the Chairman, Joint Chiefs of Staff Committee," shall be inserted.

51. 255. In clause (1), for the words "be made in" the words "preferably be made in Urdu or" shall be substituted.

52. Chapter 7, In Part XII, in Chapter 7, after Article 270, the following

Part XII new Article shall be inserted, namely:-

"270A,. Validation and President's Orders, etc.- (1) The Proclamation of the fifth day of July, 1977, all President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby declared, notwithstanding any judgement of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever.

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

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

(4) No suit, prosecution or the 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 5th powers referred to in clause (2) or in execution of or in compliance with order made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clause (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made taken or done in good faith and for the purpose intended to be served thereby.

(6) Any of the President's Orders referred to in clause (1) may be amended in the manner provided for amendment of the Constitution.

Explanation.- In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders", and "Chief Martial Law Administrator's Orders."

270B. Elections to be deemed to be held under Constitution.- Notwithstanding anything contained in the Constitution, the election held under the Houses of Parliament and Provincial Assemblies (Elections) order, 1977, to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly."

53. New Annex After Article 280, the following Annex shall be inserted, namely:-

 

"ANNEX

(Article 2A)

The Objectives Resolution

In the name of Allah, the Beneficent, the Merciful:

Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State Of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;

This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan;

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

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

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

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

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

Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

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

Wherein the independence of the judiciary shall be fully secured;

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

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

 

54. Second For this Schedule, the Schedule set out in the Schedule to this

Schedule Order shall be substituted.

55. Third 1. In the oath of office relating to the Chairman or member of

Schedule the Federal Shariat Court, for the word "Chairman", twice occurring, the words "Chief Justice", and for the word "member", twice occurring, the word "judge" shall be substituted.

2. In the oaths of office set out in this Schedule, the following paragraph shall be added at the end, namely:-

"May Allah Almighty help and guide me (A'meen).".

THE SCHEDULE

"SECOND SCHEDULE

[Article 41(3)]

Election of President

1. The Chief Election Commissioner shall hold and conduct election to the office of President, and shall be the Returning Officer for such election.

2. The Chief Election Commissioner shall appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.

3. Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.

4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination:

Provided that no arsine shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.

5. The Scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated , he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates.

6. A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has give a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice.

7. If all but one of the a candidates have withdrawn that one shall be declared by the Chief Election commissioner to be elected.

8. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll vote secret ballot in accordance with the provisions of the succeeding paragraphs.

9. If a candidate whose nomination has been found to be in order dies after the time fixed for nomination, and a report of his death is received by the Presiding Officer before the commencement of the poll, the Presiding Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election.

Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

Provided further that no person who has under paragraph 6 of this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, a the respective Presiding Officers shall conduct the poll with the assistance of such Officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.

11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs.

12. The poll shall be by secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and a person voting shall vote by placing a mark against the name of the person for whom he wishes to vote.

13. Ballot papers shall be issued from a book of ballot papers with counterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.

14. A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer.

15. If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot paper, cancelling the first ballot paper and marking the cancellation on the appropriate counterfoil.

 

16. A ballot paper shall be invalid if-

(i) there is upon it any name, word or mark, by which the person voting may be identified; or

(ii) it does not contain the initials of the Presiding Officer; or

(iii) it does not contain a mark; or

(iv) a mark is placed against the names of two or more candidates; or

(v) there is any uncertainty as to the identity of the candidate against whose name the mark is placed.

17. After the close of the poll each Presiding Officer shall, in the presence of such of the candidates or their authorised representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election Commissioner.

18. (1) The Chief Election Commissioner shall determine the result of the election in the following manner, namely:-

(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each candidate shall be counted;

(b) the number of votes cast in a Provincial Assembly in favour of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and

(c) the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a)

Explanation.- In this paragraph, "total number of seats" includes seats reserved for non-Muslims and women.

(2) A fraction shall be rounded off to the nearest whole.

19. The candidate who has obtained the largest number of votes compiled in the manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.

20. Where at any poll any two or more candidates obtain an equal number of votes, the selection of the candidate to be elected shall be by drawing of lots.

21. When, after any poll, the counting of the votes has been completed, and the result of the voting determined, the Chief Election Commissioner shall forthwith announce the to those present, and shall report the result to the Federal Government, who shall forthwith cause the result to be declared by a public notification.

22. The Chief Election Commissioner may, by public notification, with the approval of the President, make rules for carrying out the purposes of this Schedule."

THE CONSTITUTION (SECOND AMENDMENT) ORDER, 1985

PRESIDENT'S ORDER NO.20 OF 1985

In pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 1985.

(2) It shall come into force at once.

2. Amendment of Article 89 of the Constitution.- In the Constitution, in Article 89, in clause (2), in paragraph (a),-

(a) in sub-paragraph (i), for the words and figure "is with respect to a matter in Part I of the Federal Legislative List" the words, brackets and figures "contains provisions dealing with all or any of the matters specified in clause (2) of Article 73" shall be substituted; and

(b) in sub-paragraph (ii), for the words and figure "is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List" the words, brackets and figure "does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)" shall be substituted.

3. Substitution of Article 239 of the Constitution.- In the Constitution, for Article 239 the following shall be substituted, namely:-

"239. Constitution amendment Bill.- (1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the Presented to the President for assent.

(3) If the Bills is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.

(4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.

(5) No amendment of the Constitution shall be called in question in court on any ground whatsoever.

(6) For the removal of doubt, it is hereby declared that at here is no limitation whatever on the power of the Majlis-e-Shoora(Parliament) to amend any of the provisions of the Constitution."

4. Amendment of Article 270A of the Constitution.- In the Constitution, in Article 270A, for clause (6) the following shall be substituted, namely:-

"(6) The President's Orders referred to in clause (1) shall not be altered, repealed or amended with out the previous sanction of the President."

 

THE CONSTITUTION (THIRD AMENDMENT) ORDER, 1985

PRESIDENT'S ORDER NO.24 OF 1985

 

In pursuance of the Proclamation of the fifth day of July 1977, and in exercise of all powers enabling him that behalf, the President is pleased to make the following Order:-

1. Short title and commencement.- (1) This Order may be called the Constitution (Third Amendment) Order, 1985.

(2) It shall come into force at once.

2. Amendment of Article 61 of the Constitution.- In the Constitution, in Article 61, for the words"one hundred and thirty" the words "one hundred and sixty" shall be substitute.

3. Amendment of Article 200 of the Constitution.- In the Constitution, in Article 200,-

(a) in clause (1), in the Explanation, after the words "Chief Justice", at the end, the words, brackets, letter and figure "but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196" shall be added; and

(b) after clause (3), the following new clause shall be added, namely:-

"(4) A Judge of a High Court who does not accept transfer to another High under clause (1) shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan."

4. Amendment of Article 203C of the Constitution.- In the Constitution, in Article 203C,-

(a) for clause (3) the following shall be substituted, namely:-

"(3) The Chief Justice shall be a person who, is or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.

(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law," ; and

(b) in clause (4), in the proviso, for the words "one year" the words "two years" shall be substituted.

5. Amendment of Article 226 of the Constitution.- In the Constitution, in Article 226, the commas and words ", other than those of the Prime Minister and a Chief Minister," shall be omitted.

6. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, for clause (3) the following shall be substituted, namely:-

"(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context,-

(a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him) and

(b) "non-Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani group or the Lahore group (who call themselves 'Ahmadis' or by any other name), or a Bahai, and a person belonging to any of the scheduled castes."

------------

 

TEXT OF ACCORD ON CONSTITUTION

Rawalpindi, October 20, 1972.

Meeting of the Parliamentary Party Leaders called by the President of Pakistan held deliberations on 17,18,19,20 October, 1972 at the Presidency. The following attended.

1. Mr. Zulfikar Ali Bhutto,

President of Pakistan

2. Mr. J.A. Rahim

Minister for President Affairs

3. Dr. Mubashir Hasan (attended on 19 Oct. only).

Minister for Finance

4. Sheikh Mohammad Rashid

Minister for Health

5. Mr. Abdul Hafeez Pirzada

Minister for Law and Parliamentary Affairs

6. Mr. Rafi Raza

Special Assistant to the President

7. Malik Mohammad Akhtar, MNA, PPP

8. Mr. Yahya Bakhtiar (attended on 19 & 20 Oct.)

Attorney General of Pakistan

9. Mr. Abdul Qaiyum Khan, MNA, QML.

10. Arbab Sikandar Khan Khalil, MNA, NAP.

Governor, NWFP.

11. Mir Ghous Bakhsh Bizanjo, MNA, NAP.

Governor, Baluchistan.

12. Mr. Ghulam Farooq, MNA. NAP. (attended on 18,19 & 20 Oct).

Minister of Finance, NWFP.

13. Maulana Mufit Mahmood, MNA, JUI. (attended on 19 & 20 Oct.)

Chief Minister, NWFP.

14. Sirdar Shaukat Hyat, MNA, CML.

15. Maj. Gen. (Rtd) Jamaldar, MNA,

Centrally Administered Tribal Areas

16. Maulana Shah Ahmad Noorani, MNA,JUP.

17. Prof. Ghafoor Ahmad, MNA, JI.

18. Mr. Sherbaz Mazari, MNA (Independent):

The following decisions were taken unanimously:

(1) There shall be a Federal Parliamentary system of Government answerable to the National Assembly;

(2) All actions shall be taken in the name of the President but the Chief Executive shall be the Prime Minister. The President shall act on the advice of the Prime Minister in all matters which advice shall be binding on him in all respects;

(3) The National Assembly shall elect one of its members to be the Prime Minister who shall be called upon by the President to form the Government:

(4) It shall be the right of the Prime Minister to seek dissolution of the National Assembly at any time, even during the pendency of a motion for a vote of 'no confidence' against him:

(5) In order to ensure stability in the country the following provisions shall be incorporated in the Constitution and they shall apply mutatis mutandis to the Provincial Legislatures:

(a) A vote of 'no confidence' shall not be moved against the Prime Minister unless by the same resolution the name of another member of the Assembly is proposed as his successor;

(b) A vote of 'no confidence' shall not be moved during the Budget Session;

(c) Once a vote of 'no confidence' is defeated a subsequent vote of 'no confidence' shall not be moved for a period of at least 6 months;

(d) For a period of 15 years or three General Elections hereafter, whichever is longer, a vote of 'no confidence' shall be deemed to have failed unless passed by a majority of not less than 2/3rd of the total membership of the National Assembly.

(6) The Prime Minister shall be a Member of the National Assembly. Other Ministers may be from either the National Assembly or the Senate provided that the number of Ministers from the Senate does not exceed 1/4th of the total number of the Cabinet.

(7) There shall be a National Parliament consisting of two Houses, namely, the National Assembly (the Lower House) and the Senate (the Upper House);

(8) Composition of the Lower House (National Assembly).- The National Assembly shall consist of 200 Members elected by direct adult franchise. In addition, for a period of 10 years there shall be 10 seats reserved for women to be elected by members of the National Assembly from their respective Provinces.

(9) Allocation of seats in the National Assembly to the Provinces, the Centrally, Administered Tribal Areas and the Federal Capital Area shall be on population basis and shall be regulated by an organic Federal Law..

(10) Upper House (Senate).- The Senate shall consist of 60 members. Each Province shall be allocated 14 seats to the Senate. Two seats shall be allocated to the Federal Capital Area and 2 seats shall be allocated to the Centrally Administered Tribal Areas.

(11) the Members of the Senate shall be elected-

(a) from the four Provinces by members of the Provincial Legislature of that Province exercising a single transferable vote so as to ensure proportionate representation in the Senate of the Parties in the respective Provincial Assemblies;

(b) from the Centrally Administered Tribal Areas by the Members of the National Assembly from those areas; and

(c) from the Federal Capital area in a manner, by election or nomination, to be prescribed by the President acting on the advice of the Prime Minister.

(12) Division of Power- There shall be two Legislative Lists, namely the Federal List and the Concurrent List.

(13) Residuary powers of legislation shall vest in the Provinces.

(14) The Federal List shall comprise the following subjects:

1 The defence of the Federation or any part thereof in peace or war; the naval, military and air forces of the Federation and any other armed forces raised or maintained by the Federation, any armed forces which not forces of the Federation but are attached to or operating with any of the armed forces of the Federation including civil armed forces; central intelligence bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; persons subjected to such detention; industries declared by Federal Law to be necessary for the purpose of defence or for the prosecution of war.

2 Naval, military and air force works; local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and, the delimitation of such areas.

3 External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4 Currency, coinage and legal tender.

5 Public debt of the Federation, including the borrowing of money on the security of the Federal Consolidated Fund, and foreign loans and foreign aid.

6 Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communication: Post Office Savings Banks.

7 Federal Public Services and Federal Public Services Commission.

8 Federal pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

9. Works, land and buildings vested in, or in the possession of Government for the purposes of the Federation (not being naval, military or air force works), but, as regards property situate in a Province, subject always to Provincial Legislation, save in so far as Federal Law otherwise provides.

10. Libraries, museums, and similar institutions controlled or financed by the Federation.

11. Federal ombudsmen.

12. Federal surveys including geological surveys and Federal meteorological organisations.

13. Census.

14. Admission into, and emigration and expulsion from, Pakistan, including in relation thereto the regulation of the movements in Pakistan or persons not domiciled in Pakistan, pilgrimages to places beyond Pakistan.

15. Port quarantine, seamen's and marine hospitals and hospitals connected with port quarantine.

16. Import and export across customs frontiers as defined by the Federal Government, inter-provincial trade and commerce trade and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.

17. Railways.

18. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

19. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

20. Fishing and fisheries beyond territorial waters.

21. Aircraft and air navigation; the provision of aerodromes ; regulation and organisation of air traffic and of aerodromes.

22. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

23. Carriage of passengers and goods by sea or by air.

24. Copyright, inventions, designs, trademarks and merchandise marks.

25. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

26. Opium with regard to sale for export.

27. Mineral oil and natural gas; liquids and substances declared by Federal Law to be dangerously inflammable.

28. Corporations, that is to say, the incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province or co-operative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not including universities.

29. Development of Industries, where development under Federal control is declared by Federal Law to be expedient in the public interest; institutions establishments, bodies and corporations administered or managed by or on behalf of the President immediately before the commencing day, including the West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation; all undertakings, projects and schemes of such institutions (establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a Corporation set up by the Federation.

30. Nuclear energy, including-

(a) mineral resources necessary for the generation of nuclear energy;

(b) the production of fuels and the generation and use of nuclear energy; and

(c) ionizing radiations.

31. The law of insurance, except as respect insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province; Government insurance except so far as undertaken by a Province by virtue of any entry in the Provincial Legislative List.

32. State Bank of Pakistan, banking, that is to say the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying on business only within that Province.

33. Stock exchanges and futures markets with objects and business not confined to one Province.

34. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the Police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of the Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

35. Elections to the offices of President and Vice-President (if any), to the National Assembly, the Senate and the Provincial Assemblies, Chief Election Commissioner and Election Commissions.

36. the salaries, allowances and privileges of the President, Vice President (if any), Speakers of the National Assembly and of the Senate, Federal Ministers, Ministers of State and Deputy Speaker of the National Assembly and the Senate; the salaries, allowances and privileges of the members of the National Assembly; and the punishment of persons who refuse to give evidence or produce documents before Committees thereof.

37. Offences against laws with respect to any of the matters in this List.

38. Inquiries and statistics for the purpose of any the matters in this list.

39. Duties of customs, including export duties.

40. Duties of excise, not including duties on alcholic liquors, opium and other narcotics.

41. taxes on income other than agricultural income.

42. Taxes on corporations.

43. Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries40, 41, 42 and 49 or in lieu of any one or more of them.

44. State lotteries.

45. Nationality, citizenship and naturalisation.

46. Migration within Pakistan from or into a Province or the Capital of the Federal.

47. Establishment of standards of weights and measures.

48. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of matters in this list and to such extent as is expressly authorised by or under this Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring there on of supplemental powers.

49. Taxes on sales and purchases.

50. Taxes on the capital value of the assets, not including taxes on capital gains, on immovable property.

51. Duties in respect of succession to property.

52. Estate duty in respect of property.

53. Taxes on mineral oil, natural gas and minerals for use in the generation of nuclear energy.

54. Terminal taxes on goods or passengers carried by railways, sea or air; taxes on their fares and freights.

55. Fees in respect of any of the matters in this list, but not including fees taken in any court.

56. National planning and national economic co-ordination.

57. Administrative courts for Federal subjects.

58. National Highway and strategic roads.

59. Matters which under this Constitution are within the legislative competence of the Federal Legislature or relate to the Federation.

60. Matters incidental or ancillary to any matter enumerated in this list.

(15) The Concurrent List shall comprise of the following subjects:

1. Criminal Law, including all matters included in the Penal Code at the date of the Passing of this Constitution, but excluding offences against laws with respect to any of the matters specifies in List 1 and excluding the use of naval, military and air forces aid of the civil power.

2. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Governments and the establishment of a police for the purpose.

3. Preventive detention for reasons connected with the maintenance of public order, or maintenance of supplies and services essential to the community; persons subjected to such detention.

4. Criminal Procedure, including all matters included in the Code of Criminal Procedure on the commencing day.

5. Removal of prisoners and accused persons form one Province to another Province.

6. Civil Procedure, including the Law of Limitation and all matters included in the Code of Civil Procedure on the commencing day; the recovery in a Province or the Capital of the Federation of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.

7. Evidence and oaths; recognition of laws, public acts and records and judicial proceedings.

8. Marriage and divorce; infants and minors; adoption.

9. Wills intestacy, and succession, save as regards agricultural land.

10. Transfer of property other than agricultural land; registration of deeds and documents.

11. Trusts and trustees.

12. Contracts, including partnership, agency contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

13. Arbitration.

14. Bankruptcy and insolvency; administrators general and official trustees.

15. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List 1.

16. Offences against laws with respect to any of the matters in this List; jurisdiction and powers of all courts except the Supreme Court, with respect to nay of the matters in this List.

17. Matters incidental or ancillary to any matter enumerated in this List.

18. Legal, medical and other professions.

19. Newspapers, books and printing presses.

20. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.

21. Poisons and dangerous drugs.

22. Mechanically propelled vehicles.

23. Boilers.

24. Inquiries and statistics for the purpose of any of the matters in this List.

25. Fees in respect of any of the matters in this List, but not including fees taken in any Court.

26. Regulation of labour and safety in mines, factories, and oil fields.

27. Welfare of labour; conditions of labour, provident funds: employers' liability and workmen's compensation, health insurance, including invalidity pensions, old age pensions.

28. Unemployment insurance.

29. Trade unions; industrial and labour disputes.

30. The prevention of the extension from one province to another of infectious or contagious diseases or pests affecting men, animals or plants.

31. Electricity.

32. Shipping and navigation on inland water-ways as regards mechanically propelled vessels, and the rule of the road on such water ways; carriage of passengers and goods in inland water ways.

33. The sanctioning of cinematography films for exhibition.

34. Persons subjected to preventive detention under Federal authority.

35. Zakat.

36. Islamic education.

37. The setting up and carrying on of labour exchanges, employment information bureaus and training establishments.

38. Ancient and historical monuments, archaeological sites and remains.

39. Arms, fire-arms and ammunition.

40. Explosives.

41. Opium so far as regards cultivation and manufacture.

42. Tourism.

43. Evacuee property.

44. Education and agencies and institutes for the purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies, (formula to be worked out).

45. Drugs and medicines.

46. Environmental pollution and ecology.

47. Population planning and social welfare.

(16) Legislative Procedure.- All money bills shall originate in and be passed by the National Assembly. The Senate shall have no say in the matter. In other bills relating to matters on the Federal List aforesaid except items No.17, 27 and 29, the Senate shall only have recommendatory and delaying powers. But the final decision will rest with the National Assembly.

In respect of the items mentioned above, so also matters on the Concurrent List, in the event of difference of opinion between the National Assembly and the Senate there shall be a joint session of the Parliament where the bill shall be voted upon and passed by a majority of the Members of the Parliament present and voting.

(17) The Senate shall not enjoy any administrative or supervisory powers.

(18) The qualifying age for membership of the National and Provincial Assemblies shall be 25 years.

(19) The qualifying age for membership of the Senate shall be 30 years.

(20) The qualifying age for election to the office of the President of Pakistan shall be 45 years.

(21) The President shall be elected in a joint sitting of the Parliament by an absolute majority of the total membership of the Parliament.

(22) Taxation.- The powers of the Federal Legislature with regard to taxation shall be the same as enjoyed by it under the Interim Constitution.

(23) The net proceeds from Excise Duty and Royalty recovered at wellhead on natural gas shall be paid to the Province where the well-head is situated. Subject to the existing commitments and on-going projects the requirements of natural gas of that Province shall have priority over all other requirements.

(24) Council of common Interests Inter-Provincial Council.- There shall be a Council of Common Interests under the Constitution which shall consist of four Provincial Chief Ministers and four members of the Federal Cabinet to be nominated by the Prime Minister.

(25) In respect of the items No.17,27 and 29 of the Federal List above and item of electricity on the Concurrent List in so far as it relates to the Federation, the Council shall exercise supervision and control on policy. The institutions relating to these items shall function under the control and supervision of this Council.

(26) The decisions of the Council shall be implemented by the concerned Ministries of the Federal Government.

(27) The Council shall, through the Prime Minister, be responsible to the Parliament.

(28) Electricity shall continue to be on the Concurrent List.

(29) The Provincial Government shall be competent to levy taxes on consumption of electricity within the respective Provinces.

(30) The Provincial Governments shall also be competent to construct Power Houses in their Provinces as well as transmission lines and grid stations meant exclusively for their provinces.

(31) The Federal Government and Water and Power Development Authority shall be competent to construct power houses and inter provincial transmission lines and grid stations in any province.

(32) Power may be supplied in bulk to the Provinces from the national grid stations for its transmission and distribution within the Provinces.

(33) The net profits derived by the Federal government or the WAPDA from the bulk generation of power at a Hydro electric station located in a province shall be paid to that province.

(34) The Provincial Government shall be competent to determine the tariff for power distribution within the province.

(35) Broadcasting.- With regard to broadcasting, telecasting the present arrangements as per Article 152 of the Interim Constitution shall continue.

(36) Services.- The terms and conditions of service of persons in the service of Pakistan shall be regulated by organic law and not by the Constitution. However, there will be an enabling provision in the Constitution for the continuation of services.

(37) National Planning and National Economic co-ordination.- National Planning and National economic Co-ordination shall continue to be Federal subjects.

(38) The Planning Commission shall have one member from each province to be nominated by the President on the recommendation of the Provincial Government.

(39) Islamic Provisions.- The oath of office of the president shall be amended to include a declaration with appropriate text that he is a Muslim.

(40) In the introductory chapter of the Constitution it shall be stated that Islam is the state religion of Pakistan.

(41) No law shall be repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah and existing law shall be brought in conformity with such injunctions.

(42) Council of Islamic ideology shall be constituted in a manner that it may pave way for the positive implementation of the teachings of Islam.

(43) The Republic shall be styled as the Islamic Republic of Pakistan.

(44) Amendment of Constitution.- A bill for amending the Constitution shall require to be passed by two-thirds of the members of the National Assembly and a simple majority of the Senate.

(45) General.- The Judiciary and Election Commission shall be independent of the executive; and the fundamental rights shall be guaranteed and proper safeguard shall be provided against preventive detention.

Signed at Rawalpindi, this day, the 20th October, 1972 by-

1. Mr. Zulfikar Ali Bhutto, the President of Pakistan and the Chairman of the Pakistan Peoples Party on behalf of that Party.

2. Khan Abdul Qaiyum Khan, MNA, QML, on behalf of the Qaiyum Muslim League.

3. Mir Ghous Bakhsh Bizenjo, MNA, of National Awami Party on behalf of that Party.

4. Arbab Sikandar Khan Khalil, MNA, of National Awami Party on behalf of that Party.

5. Maulana Mufti Mahmood, MNA of Jamait-ul-Ulma-e-Islam on behalf of that Party.

6. Sirdar Shaukat Hayat, MNA, of Council Muslim League on behalf of that Party.

7. Maj. Gen. (Rtd) Jamaldar, MNA, Leader of the Centrally Administratered Tribal Areas on behalf of that area.

8. Maulana Shah Ahmad Noorani, MNA, of Jamiat Ulma-e-Pakistan on behalf of that Party.

9. Prof. Ghafoor Ahmad, MNA, Jamat-e-Islami on behalf of that Party.

10. Mr. Sherbaz Mazari, MNA, Independent.

Annexure XII

REPORT OF THE CONSTITUTION COMMOTTEE, 1972

The Constitution Committee, with Mian Mahmood Ali Kasuri as Chairman and 24 members, was constituted by the National Assembly of Pakistan by a Resolution passed on 17th April, 1972 in pursuance of Article 8 of the National Assembly (Short Session) Order, 1972, to prepare and draft of the permanent Constitution by the 1st August, 1972. The Committee met for the first time on 22nd April, 1972.

2. During its deliberation, the Committee was particularly conscious of the unfortunate constitutional history of Pakistan and past failures. It identified the causes which led, on more than one occasion, to the breakdown of the constitutional machinery. This opened the way for usurpers and dictators to assume power at the cost of the oppressed people and the country. The Committee was of the view that the vagueness and dichotomy in the past constitutional instrument with regard to the source an exercise of power enabled unscrupulous adventures to destroy systematically all democratic institutions and processes.

3. As the peoples' representatives for the first time elected directly by adult universal franchise, the members of the Committee strived to arrive at a constitutional arrangement which would preclude any recurrence of past failures. The draft of the Constitution prepared by the Committee does away with the dichotomy between the fiction and reality of executive authority. It also provides effective deterrents against any attempt to abrogate or subvert the Constitution, which offence has been declared high treason.

4. During general discussions there was consensus that the future Constitution of Pakistan should provide for a Federal and Parliamentary form of Government in which the Executive will be fully answerable to the National Assembly. Parliament has been made the true embodiment of the will of the sovereign people.

5. In the course of its second session, commencing from 18th May, 19972 the Committee held general discussions regarding the preamble, the introductory provisions, Fundamental Rights, Principles of Policy, the Judicature and the Services of Pakistan. After deliberating on various proposals and amendments by the members, the Chairman of the Committee was asked to submit a draft of the Constitution for consideration by the Committee in the later half of June, 1972.

6. Due, however, to the debate on the Simla Agreement in the National Assembly, the Committee could not proceed according to the schedule originally agreed upon. It, therefore, decided in a meeting held on the 13th August, 1972 to request the National Assembly for on extension upto 31st December, 19972, for submission of the Draft Constitution and its Report, which received the National Assembly's approval.

7. The Committee was unable to meet in the months of August and September on account of the legislative session of the National Assembly, and, therefore, it held its next meeting on 9th October, 1972. On that date, Mian Mahmud Ali Kasuri vacated the Chair, and Mr. Abdul Hafeez Pirzada was unanimously elected in his place. In view of the impending constitutional discussions for which the President had invited the leaders of all Parliamentary parties and groups the Committee decided to defer further deliberations till the outcome of the political talks.

8. The discussions between the Parliamentary party leaders were held from 17th to 20th October, 1972, and all major constitutional issues of fundamental nature were settled. The Constitutional Accord of 20th October, 1972, was welcomed by the Committee. It greatly facilitated the task of the Committee which decided to adopt in the draft of the Constitution the provisions of the Constitutional Accord signed by or on behalf of all the political parties represented in Parliament.

9. The Committee thereupon entrusted the work of preparing a draft of the Constitution, in the light of the Constitutional Accord, to the Ministry of Law and Parliamentary Affairs and the National Assembly Secretariat. This having been accomplished, the Committee resumed its discussions from 2nd December, 1972, and sat continuously till 1st December, 1972 to consider the draft and all amendments proposed thereto.

PREAMBLE

10. The Committee decided to incorporate in the Preamble the Resolution passed by the first Constituent Assembly on 12th March, 1949, alongwith recitals to reflect the struggle waged by the people for a return to democratic and constitutional government and for achieving national unity by creating an egalitarian society through a new order. The Preamble further reaffirms the Quaid-e-Azam's declaration that Pakistan would be democratic State based on the Islamic Principles of social justice.

PART I- INTRODUCTORY

11. Pakistan has been described as a Federation to be known as the Islamic Republic of Pakistan. The Committee gave deep consideration to the application of this Constitution to East Pakistan in the present circumstances. It was decided that the provisions of the Constitution should apply to the Provinces of Baluchistan, North-West Frontier, the Punjab and Sind, the Islamabad Capital Territory and the Federally Administered Tribal Areas and such other States and territories as are, or may be included, in Pakistan in future. It was further decided to incorporate a provision to the effect that the Constitution shall be appropriately amended to enable the people of East Pakistan to be represented in the affairs of the Federation as and when foreign aggression and its effects are eliminated in the Province and they are able freely to participate therein.

12. A new Article declaring that Islam shall be the State religion of Pakistan has been included.

13. Another new provision regarding High Treason has been introduced to eliminate any possibility, in the future, of the Constitution being abrogated by any person. Under Article 5 any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert, the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of High Treason. In addition, a specific provision has been made to the effect that there shall be no protection under the Fundamental Rights to any offender from punishment retrospectively with effect from 23rd March, 1956.

PART II- FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY

14. All Fundamental Rights included to previous Constitutions have been retained and certain new provisions introduced regarding the dignity of man and freedom of political parties.

15. The Committee in particular deliberated upon the provisions relating to civil liberties and property rights. In respect of civil liberties, the draft Constitution reinforces the rights of the individual and restricts the application of detention laws.

16. A strong view was expressed that unless rights to property were made subject to the public interest the country could not achieve social and economic justice. Previous Constitutions paid only lip service to such justice, and the protection given to the property had proved a dyke to hold back reforms. Accordingly, Parliament has also been empowered to make laws for resumption and confiscation of property acquired by unfair means. It has similarly been empowered to legislate for the acquisition of property without compensation for the purpose of providing education, medical assistance, housing facilities and main-tenance to sick and indigent persons; and in all other cases the compensation determined according to law shall be final and in no event called in question by any court.

17. As to the principles of Policy, it has been provided that the President and the Governors of each Province are required to prepare and lay before the appropriate legislature a report on their observation and implementation. The Principles of Policy, which were formerly in cold storage, and submits the policies of Government to continuous review by the legislature.

PART III- THE FEDERATION OF PAKISTAN

18. It has been provided that the President shall be the Head of the State and shall represent the unity of the Republic. He must be a Muslim and not less than 45 years of age. The President shall be elected in a joint sitting of Parliament. In the performance of his functions the President shall be bound to act on, and in accordance with, the advice of the Prime Minister.

19. In view of the federal structure, Parliament shall consist of two Houses. The National Assembly shall consist of 200 Members to be elected on the basis of adult franchise by direct, free and secret vote. The Senate shall consist of 60 members: fourteen each to be elected by the members of each Provincial Assembly; two by the members of the National Assembly from the Federally Administered Tribal Areas; and two to be chosen from the Federal Capital in the manner to be prescribed by the President. Election to the Senate shall be held on the basis of proportional representation by means of the single transferable vote. The Senate will not be subject to dissolution but half of the members shall retire after every two years.

20. Parliament shall have full power to determine by law its own privileges and immunities, and those of its committees and members.

21. The Committee adopted the provisions of the Constitutional Accord of 20th October, 1972, regarding the procedure to be followed for passing of Bills, the powers of the National Assembly and the Senate, and the division of the subjects between the Federal Government and the Provinces. As provided in the Constitutional Accord, the Senate shall have no administrative or supervisory powers. In respect of the matters included in the Federal Legislative List (except railways, mineral oil and natural gas and other matters in Part II), the final Part II of the Federal Legislative List and the Concurrent Legislative List, in the event of a difference of opinion between the National Assembly and the Senate, the matter will be referred to a joint sitting of Parliament and decided by a majority of the members present and voting.

22. A Money Bill will only be dealt with by the National Assembly and shall, without being transmitted to the Senate, be presented to the President for assent. The existing provisions with regard to Money Bills have been retained, and in addition the Federal Government is required to bring before the National Assembly an Authenticated Schedule of Expenditure before any withdrawal of money can be made.

23. The executive authority of the Federation shall be exercised by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister who shall be the Chief Executive of the Federation. In the performance of his functions, the Prime Minister may act directly on through Federal Minister, and they shall be collectively responsible to the National Assembly.

24. The Prime Minister shall be elected by the National Assembly without debate in an open vote by a majority of the total membership of the Assembly.

25. In order to ensure political stability and to foster democratic values and establish proper parliamentary practices, certain provisions have been included regarding the mechanism and procedure for votes of no confidence against the Prime Minister, and similar provisions have been made with respect to the Provincial Chief Ministers. This is in pursuance of the decisions embodied in the Constitutional Accord of 20th October, 1972.

PART IV- PROVINCES

26. The appointment of the Governor of a Province will be made by the President on the advice of the Prime Minster. The Governor will represent the Central authority in the Province. In the performance of his functions, the Governor shall act on and in accordance with the advice of the Chief Minister.

27. There shall be Provincial Assembly for each Province, to which elections shall be held by direct and secret vote on the basis of adult franchise, in accordance with law. The strength of each Provincial Assembly has been fixed as-

Baluchistan : 40

N.W.F.P. : 80

The Punjab : 200

Sind : 100

For a period of 10 years the shall be additional seats reserved for women equal to 5 per cent of the total membership of a Provincial Assembly to which elections shall be held by the members of the Provincial Assembly.

28. The executive authority of the Province shall be exercised by the Provincial Government consisting of the Chief Minister and the Provincial Ministers. In the performance of his functions, the Chief Minister shall act either directly or through the Provincial Ministers, who shall be collectively responsible to the Provincial Assembly.

29. The provisions relating to the Provincial Governments are analogous to those for the Federal Government, including those for the election of a Chief Minister, the appointment of Provincial Ministers and moving of a resolution of no-confidence against a Chief Minister.

PART V- RELATIONS BETWEEN FEDERATION AND PROVINCES

30. As regards the distribution of legislative powers between the Federation and the Provinces there will be two lists, namely, the Federal Legislative List and the Concurrent Legislative List contained in the Fourth Schedule. All residuary powers have, for the first time, been vested in the Provinces to truly reflect the federal arrangement.

31. It shall be the duty of the Federal Government to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.

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

33. To conform to the spirit of federation, a new arrangement has been worked out to ensure effective participation of the Provincial Governments in sensitive and important spheres of national life. In respect of the subjects in Part II of the Federal Legislative List and the item of electricity in the Concurrent Legislative List, special provision has been made for the creation of a Council of Common Interest to be appointed by the President as envisaged in the Constitutional Accord. The Council shall consist of the Chief Ministers of the Provinces and an equal member of members from the Federal Government. The Council shall formulate and regulate policies in relation to the specified matters and exercise supervision and control over related institutions.

34. The Council of Common Interests has also been given exclusive jurisdiction to entertain and decide complaints in respect of interference with water supplied from any natural source.

35. Provision has been made for a National Economic Council consisting of the Prime Minister, and including a representative from each Province, to review economic policy and advise the Government in formulating plans in the economic, social, financial and commercial spheres consistent with the economic principles contained in the Principles of Policy.

36. With regard to the item of electricity in the Concurrent List, it has been provided that the Federal Government may in any Province construct hydroelectric and thermal power installations or grid stations for the generation of electricity and lay inter-Provincial transmission lines. It has provided further that where electricity is supplied to a Province from the national grid, the government of that Province may require supply to be made in bulk for transmission and distribution within the Province. A Provincial Government may levy tax on the consumption of electricity within the Province, construct power houses, transmission lines and grid stations for use within the Province, and determine the tariff for distribution of electricity within the Province. These provisions follow the Constitutional Accord, and likewise the provision in the following paragraphs.

37. Special provision has been made regarding natural gas. The requirements of the Province in which a well-head or natural gas is situated will have priority over other parts of Pakistan in meeting its requirements from that well-head subject to the existing commitments had obligations as on the commencing day.

PART VI- FINANCE PROPERTY, CONTRACTS AND SUITS

38. The existing provisions in regard to finance, property, contracts and suits have been, continued. This Report only refers to new provisions made in pursuance of the Accord.

39. The net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government shall be paid to the Provinces in which the well-head of natural gas is situated.

40. The net profits earned by the Federal Government from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated. In considering whether the term 'net profits' should be defined in the Constitution, three views were expressed in the Committee-

(a) The definition of 'net profits' in the Constitution should be avoided as this would introduce an element of rigidity which would not be desirable.

(b) The Council of Common Interests may be empowered to determine 'net profits'.

(c) Guidelines for the Council of Common Interests for determining 'net profits' may be by given.

It was decided that some formula or guidelines for determining 'net profits’ should be incorporated in the Constitution.

41. The Committee also accepted a proposal that provision be made for establishing a National Finance Commission with Provincial representation. The Commission shall make recommendations to the President with respect to-

(a) distribution between the Federal Government and the Provincial Governments of all the net proceeds of specified taxes:

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

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

(d) other matters relating to finance referred to it by the President.

The President, after considering the recommendations, shall by Order specify the share of the revenues that is to be allocated to each Provincial Government. These recommendations shall be laid before the National Assembly and each Provincial Assembly.

PART VII- THE JUDICATURE

42. The independence of the Judiciary has not only been ensured but also strengthened. In addition, provision has been made to separate the Judiciary at the subordinate levels from the Executive and complete the process within a period of three years.

43. The appellate jurisdiction of the Supreme Court has been enlarged and certain modifications have been made in respect of the procedure for the appointment and removal of the Judges of the Superior Courts.

44. Provision has been made for establishment of Administrative Courts and Tribunals to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons in the service of Pakistan including disciplinary matters; matters in respect of claims arising from tortious actions of Government; and matters concerning the acquisition and disposal of enemy property. The jurisdiction of the Supreme Court and the High Courts has been excluded in such cases.

PART VIII- ELECTIONS

45. In order to ensure free and fair elections, the independence of the Chief Election Commissioner and the Election Commission has been safeguarded. Provision has also been made to avoid delays in the holding of elections.

PART IX- ISLAMIC PROVISIONS

46. For the first time provision has been made to reflect faithfully the Islamic Ideology in the country's constitutional structure. Apart from Islam being declared the State religion, a time limit has been prescribed during which the new Council of Islamic Ideology shall submit a report recommending steps to give legislative effect to appropriate injunctions of Islam and also making suggestions for bringing all existing laws in conformity with these injunctions.

47. Certain Islamic provisions which were previously in the Principle of Policy have been incorporated in this operative Part.

PART X- EMERGENCY PROVISIONS

48. With regard to Emergency, a new provision has been made in the Constitution that all Proclamations shall be laid before Parliament and shall be subject to approval form time to time. This is a salutary departure from the past, and reflects the supremacy of Parliament.

PART XI- AMENDMENT OF CONSTITUTION

49. In the procedure for amending the Constitution, equal power has been given to the Senate.

PART XII- MISCELLANCOUS

50. The Committee decided to do away with the remnants of the colonial past in the matter of the Services. The terms and conditions of service of all Government servants shall in future be regulated by law.

51. The Committee decided that no title, honour or decoration shall be conferred except for gallantry or academic distinction and all other awards given to the citizens of Pakistan shall stand annulled.

TRANSITIONAL PROVISIONS

52. Suitable provisions have been made to ensure smooth transition from the Interim Constitution to the new Constitution.

GENERAL

53. The draft Constitution comprises less than 280 Articles and has six Schedules. The Committee held 48 sittings spreading over a period of 38 days in all. It deliberated for 170 hours. The average attendance throughout the sittings was 18 out of 25 members.

54. In its deliberations, the Committee made every endeavour to arrive at agreed conclusions, and differences of opinion were resolved as far as possible in an atmospheres of free and open debate. To the extent that there has been dissent the relevant minutes are appended.

55. Dr. Mubashir Hasan, Mr. Ghulam Mohammad Mustafa Khar, Mr. Meraj Khalid and Mr. Mumtaz Ali Bhutto who were appointed to the Committee by the National Assembly resigned from membership of the Committee during its final session on account of their other responsibilities connected with their Government offices. Mr. Ghous Bakhsh Bizanjo also resigned his membership during the last session of the Committee. Malik Mohammad Jaffar, Ch. Jahangir Ali, Ch. Barkatullah, Malik Sikander Khan and Mrs. Jennifer Jehanzeba Qazi Musa were appointed as members in their place.

56. The Committee would like to place on record its deep sense of gratitude for the original and constructive proposals made by Mr. M. Rafi Raza, Special Assistant to the President, which contributed in large measure to the evolution of Draft Constitution. The advice of Mr. Yahaya Bakhtiar, Attorney General, was very helpful in many important matters. The committee would also like to place on record its appreciation of the work done by the Secretariat of the National Assembly and the Ministry of Law and Parliamentary Affairs, particularly their Secretaries and all other officers and staff who were associated with the work of the Committee.

57. Finally, the Committee wishes to place on record its deep sense of appreciation for the Chairman, Mr. Abdul Hafeez Pirzada who so impartially, ably and successfully conducted the proceedings and deliberations of the Committee. It has therefore decided that its vote of thanks to the Chair be incorporated in this Report.

58. In preparing the draft of the permanent Constitution for Pakistan, the members of the Committee have taken full cognizance of the realities and objective conditions in Pakistan. They have kept their pledge with God and man in proposing such a Basic Law for Pakistan which would not only help create a progressive and egalitarian society but would also provide effective deterrent against exploitation in all forms. The Basic Law if accepted and adopted by the National Assembly will open all possible avenues of progress and prosperity.

  1. In presenting this Report with the Draft Constitution to the National Assembly we thank Allah the Almighty in giving us courage to speak the truth in the interest of justice and the solidarity and stability of Pakistan.