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Ammendments in the Constitution of Pakistan, 1973

by

S. A. Rabbani

Additional Secretary , National Assembly of Pakistan

District & Sessions Judge

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 21 years, the Constitution, that was adopted in April, 1973, has suffered 34 amendments; 10 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 3 amending Acts have been passed since then. Two amending Bills died in the process of legislation.

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.

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 May 16, 1977 by the National Assembly that passed the Constitution.

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.

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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 1985 and the Constitution (Twelfth Amendment) Act on July 1991. A resume of all Constitution amendments made, so far, is given here:- - 3 - 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 amendment: 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 -

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- 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).

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

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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.

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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.

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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 refer 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 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.

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- 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.

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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 refer to Provincially and Federally administrated Tribal Areas.

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

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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.

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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.

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- 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 relate to Governors, assent to Bills.

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- 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.

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

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THE CONSTITUTION (ELEVENTH AMENDMENT) BILL,

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 provided for establishment of Special Courts for trial of heinous offences. This Article would cease 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.

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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.

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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 new 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.

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

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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'.

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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.

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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.

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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.

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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.

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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.

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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.

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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 Article omitted: 203 was 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.

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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.

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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.

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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.

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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.

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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".

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

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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.

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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.

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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.

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- 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 relate 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, provided 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, provided for dissolution of the Assembly by the President.

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

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- 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.

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- 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.

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- 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 minor other 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.

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- 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.

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- 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.

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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

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