CONSTITUTION OF PAKISTAN

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1THE CONSTITUTION OF THE 
ISLAMIC REPUBLIC OF PAKISTAN
(In the name of Allah, the Beneficent, the Merciful)
[12 April 1973]
Preamble
Whereas sovereignty over the entire Universe belongs to Almighty  
Allah  alone,  and  the  authority to  be  exercised  by  the  people  of 
Pakistan within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an  
order − 
Wherein the State shall exercise its powers and authority  through the 
chosen representatives of the people;
Wherein the  principles  of  democracy,  freedom,  equality,  tolerance 
and social justice, as enunciated by Islam, shall be fully observed;
Wherein the  Muslims  shall  be  enabled  to  order  their  lives  in  the 
individual and collective spheres in accordance with the teachings and  
requirements of Islam as set out in the Holy Quran and Sunnah;
1National Assembly of Pakistan enacted the Constitution  of the Islamic Republic of Pakistan,  
1973 on 10 April 1973; President of the National Assembly authenticated it on 12 April 1973;  
and, it was published in the Gazette of Pakistan (Extraordinary), dated: 12 April 1973, pp.195-
389. Subject to clauses (3) and (4) of Article 265, the Constitution commenced on and from 14  
August 1973. 
The Proclamation of Martial Law dated 5 July 1977, published the same day in the Gazette of 
Pakistan (Extraordinary), p.411, placed the Constitution in abeyance. 
Under Article 4 of the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, the  
Constitution, held in abeyance, had to revive on such day as the President may, by notification in 
the official Gazette, appoint and different days could be so appointed in respect of different  
provisions. Exercising the said powers, the President revived the Constitution, except Articles 6,  
8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, Articles 199, 213 to 216 (both  
inclusive) and 270-A, with effect from 10 March 1985, vide S.R.O No. 212(I)/85, dated: 10 March 
1985,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  Part-II,  p.  279.  However,  the 
remaining Articles [Articles 6, 8 to 28, (both inclusive), clauses (2) and (2a) of Article 101,  
Articles 199, 213 to 216 (both inclusive) and 270-A], stood revived with effect from 30 December  
1985,  vide S.R.O  No.  1273(I)/85,  dated:  29  December  1985,  published  in  the  Gazette  of 
Pakistan (Extraordinary), Part-II, p. 3185.
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Wherein adequate provision shall be made for the minorities freely to  
profess and practise their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan  
and such other territories as may hereafter be included in or accede to  
Pakistan shall form a Federation wherein the units will be autonomous  
with such boundaries and limitations on their powers and authority  as 
may be prescribed;
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 honoured place amongst the nations of the World and make their  
full  contribution  towards  international  peace  and  progress  and 
happiness of humanity:
Now, therefore, we, the people of Pakistan,
Conscious of our responsibility before Almighty Allah and men;
Cognisant  of  the  sacrifices  made  by  the  people  in  the  cause  of 
Pakistan;
Faithful to the declaration made by the Founder of Pakistan, Quaid-i-
Azam Mohammad Ali Jinnah, that Pakistan would be a democratic  
State based on Islamic principles of social justice;
Dedicated  to  the  preservation  of  democracy  achieved  by  the 
unremitting struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity and  
solidarity by creating an egalitarian society through a new order;
Do  hereby,  through  our  representatives  in  the  National  Assembly, 
adopt, enact and give to ourselves, this Constitution.
PART I
Introductory
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1. The  Republic  and its  territories .− (1)  Pakistan  shall  be  a 
Federal Republic to be known as the Islamic Republic of Pakistan,  
hereinafter referred to as Pakistan.
1[(2) The territories of Pakistan shall comprise −
(a) the  Provinces  of  2[Balochistan],  the  3[Khyber 
Pakhtunkhwa], the Punjab and 4[Sindh];
(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) 5[Majlis-e-Shoora  (Parliament)]  may  by  law  admit  into  the 
Federation new States or areas on such terms and conditions as it  
thinks fit.]
2. Islam to be State religion .− Islam shall be the State religion of  
Pakistan.
6[2A. The Objectives Resolution to form part of substantive  
provisions.−The principles and provisions set out in the Objectives  
Resolution reproduced in the Annex are hereby made substantive part  
of the Constitution and shall have effect accordingly.]
3. Elimination  of  exploitation .− The  State  shall  ensure  the 
elimination of all forms of exploitation and the gradual fulfillment of  
the fundamental principle, from each according to his ability to  
each according to his work.
4. Right of individuals to be dealt with in accordance with  
law, etc.− (1) To enjoy the protection of law and to be treated in  
accordance  with  law  is  the  inalienable  right  of  every  citizen, 
wherever he may be, and of every other person for the time being  
within Pakistan.
(2) In particular −
1Clauses (2), (3) and (4) were substituted by the Constitution  (First Amendment) Act, 1974  
(XXXIII of 1974); assented to by the President on 4 May 1974; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 8 May 1974, pp.179-182, s. 2.
2Substituted for the word “Baluchistan” by the Constitution (Eighteenth Amendment) Act, 2010 (X 
of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan 
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 3.
3Substituted ibid, for the words “North West Frontier”.
4Substituted ibid, for the word “Sind”.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No.14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp.185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
6Inserted ibid, item 2.
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(a) no action detrimental to the life, liberty, body, reputation or  
property of any person shall be taken except in accordance 
with law;
(b) no person shall be prevented from or be hindered in doing  
that which is not prohibited by law; and
(c) no person shall be compelled to do that which the law does 
not require him to do.
5. Loyalty to State and obedience to Constitution  and law.− 
(1) Loyalty to the State is the basic duty of every citizen.
(2) Obedience  to  the  Constitution and  law  is  the  1[inviolable] 
obligation of every citizen wherever he may be and of every other  
person for the time being within Pakistan.
6. High treason .− 2[(1)  Any person who abrogates or subverts or  
suspends  or  holds  in  abeyance,  or  attempts  or  conspires  to 
abrogate  or  subvert  or  suspend  or  hold  in  abeyance,  the 
Constitution by  use of force or show  of force or by any other  
unconstitutional means shall be guilty of high treason.]
(2) Any  person  aiding  or  abetting  3[or  collaborating]  the  acts 
mentioned in clause (1) shall likewise be guilty of high treason.
4[(2A) An act of high treason mentioned in clause (1) or clause (2)  
shall not be validated by any court including the Supreme Court and a  
High Court.]
(3) 5[Majlis-e-Shoora  (Parliament)]  shall  by  law  provide  for  the 
punishment of persons found guilty of high treason.
PART II
Fundamental Rights and Principles of Policy
7. Definition  of  the  State .− In  this  Part,  unless  the  context 
otherwise requires, "the State" means the Federal Government,  
6[Majlis-e-Shoora  (Parliament)],  a  Provincial  Government,  a 
1Substituted for the word “basic” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 
14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-
227, Article 2 read with the Schedule, item 3: the Order came into force on 2 March 1985 and  
was saved under Article 270A of the Constitution.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 4.
3Inserted ibid.
4Ibid.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
6Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
Constitution: (Amendment) Order, 2007 | 5
Provincial  Assembly,  and  such  local  or  other  authorities  in 
Pakistan as are by law empowered to impose any tax or cess.
Chapter 1
Fundamental Rights
8. Laws inconsistent with or in derogation of Fundamental  
Rights to be void.− (1) Any law, or any custom or usage having  
the  force  of  law,  in  so  far  as  it  is  inconsistent  with  the  rights 
conferred  by  this  Chapter,  shall,  to  the  extent  of  such  
inconsistency, be void. 
(2) The  State  shall  not  make  any  law  which  takes  away  or 
abridges the rights so conferred and any law made in contravention of  
this clause shall, to the extent of such contravention, be void. 
(3) The provisions of this Article shall not apply to −
(a) any law relating to members of the Armed Forces, or of the  
police  or  of  such  other  forces  as  are  charged  with  the 
maintenance of public order, for the purpose of ensuring  
the proper discharge of their duties or the maintenance of  
discipline among them; or 
         1[(b)  any of the −
(i) laws  specified  in  the  First  Schedule  as  in  force 
immediately  before  the  commencing  day  or  as  
amended by any of the laws specified in that Schedule; 
(ii) other laws specified in Part I of the First Schedule;]
and no such law nor any provision thereof shall be void on the ground  
that such law or provision is inconsistent with, or repugnant to, any  
provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause  
(3),  within  a  period  of  two  years  from  the  commencing  day,  the 
appropriate Legislature shall bring the laws specified in 2[Part II of the  
First  Schedule]  into  conformity  with  the  rights  conferred  by  this 
Chapter: 
Provided that the appropriate Legislature may by resolution extend 
the said period of two years by a period not exceeding six months. 
1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
1Substituted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by  
the President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 25.11.1975, pp. 579-585, s. 2.
2Substituted ibid, for the expression “the First Schedule, not being a law which relates to, or is  
connected with, economic reforms,” 
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Explanation− If  in  respect  of  any  law  1[Majlis-e-Shoora 
(Parliament)] is the appropriate Legislature, such resolution shall be a  
resolution of the National Assembly. 
(5) The rights conferred by this Chapter shall not be suspended  
except as expressly provided by the Constitution. 
9. Security of  person .− No  person  shall  be  deprived  of  life  or 
liberty save in accordance with law. 
10. Safeguards as to arrest and detention .− (1) No person who  
is arrested shall be detained in custody without being informed, as  
soon as may be, of the grounds for such arrest, nor shall he be  
denied the right to consult and be defended by a legal practitioner  
of his choice.
(2) Every person who is arrested and detained in custody shall be  
produced before a magistrate within a period of twenty-four hours of  
such arrest, excluding the time necessary for the journey from the  
place of arrest to the court of the nearest magistrate, and no such  
person shall be detained in custody beyond the said period without the 
authority of a magistrate. 
(3) Nothing in clauses (1) and (2) shall apply to any person who is  
arrested or detained under any law providing for preventive detention. 
(4) No law providing for preventive detention shall be made except 
to deal with persons acting in a manner prejudicial to the integrity,  
security or defence of Pakistan or any part thereof, or external affairs  
of  Pakistan,  or  public  order,  or  the  maintenance  of  supplies  or 
services, and no such law shall authorise the detention of a person for  
a  period  exceeding  2[three  months] unless  the  appropriate  Review 
Board has, after affording him an opportunity of being heard in person, 
reviewed  his  case  and  reported,  before  the  expiration  of  the  said 
period, that there is, in its opinion, sufficient cause for such detention,  
and,  if  the  detention  is  continued  after  the  said  period  of  3[three 
months], unless the appropriate Review Board has reviewed his case  
and reported, before the expiration of each period of three months,  
that there is, in its opinion, sufficient cause for such detention. 
Explanation  I.− In  this  Article,  "the  appropriate  Review Board"  
means,− 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted for the words “one month” by the Constitution (Third Amendment) Act, 1975 (XXII of 
1975); assented to by the President on 13 February 1975; and, published in the  Gazette of 
Pakistan (Extraordinary), dated: 18 February 1975, pp. 67-69, s. 2. 
3Ibid. 
Constitution: (Amendment) Order, 2007 | 7
(i) in the case of a person detained under a Federal law, a  
Board  appointed  by  the  Chief  Justice  of  Pakistan  and 
consisting of a Chairman and two other persons, each of  
whom is or has been a Judge of the Supreme Court or a  
High Court; and
(ii) in the case of a person detained under a Provincial law, a  
Board appointed by the Chief Justice of the High Court  
concerned  and consisting  of a Chairman  and two other 
persons, each of whom is or has been a Judge of a High  
Court.
Explanation  II .− The  opinion  of  a  Review Board  shall  be  
expressed in terms of the views of the majority of its members. 
(5) When any person is detained in pursuance of an order made  
under any law providing for preventive detention, the authority  making 
the order shall, 1[within fifteen days] from such detention, communicate 
to such person the grounds on which the order has been made, and  
shall afford him the earliest opportunity of making a representation  
against the order:
Provided that the authority  making any such order may refuse to  
disclose  facts  which  such  authority  considers  it  to  be  against  the 
public interest to disclose. 
(6) The authority making the order shall furnish to the appropriate  
Review Board all documents relevant to the case unless a certificate,  
signed by a Secretary to the Government concerned, to the effect that  
it is not in the public interest to furnish any documents, is produced. 
(7) Within a period of twenty-four months commencing on the day  
of  his  first  detention  in  pursuance  of an order  made  under a law 
providing  for  preventive  detention,  no  person  shall  be  detained  in 
pursuance of any such order for more than a total period of eight  
months  in  the  case  of  a  person  detained  for  acting  in  a  manner 
prejudicial to public order and twelve months in any other case: 
Provided that this clause shall not apply to any person who is  
employed by, or works for, or acts on instructions received from, the  
enemy 2[, 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].
1Substituted  for  the  expression  “as  soon  as  may  be,  but  not  later  than  one  week”  by  the 
Constitution (Third Amendment) Act, 1975 (XXII of 1975) ; assented to by the President on 13  
February 1975; and, published in the Gazette of Pakistan (Extraordinary), dated: 18 February 1975,  
pp. 67-69, s. 2. 
2Added ibid.
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(8) The appropriate Review  Board shall determine the place of  
detention of the person detained and fix a reasonable subsistence  
allowance for his family.
(9) Nothing in this Article shall apply to any person who for the  
time being is an enemy alien.
1[10A. Right to fair trial .− For the determination of his civil rights  
and obligations or in any criminal charge against him a person shall be 
entitled to a fair trial and due process.]
11. Slavery, forced labour, etc., prohibited .− (1) Slavery is non-
existent  and  forbidden  and  no  law  shall  permit  or  facilitate  its 
introduction into Pakistan in any form.
(2) All  forms  of  forced  labour  and  traffic  in  human  beings  are 
prohibited. 
(3) No child below the age of fourteen years shall be engaged in  
any factory or mine or any other hazardous employment.
(4) Nothing in this Article shall be deemed to affect compulsory  
service − 
(a) by  any  person  undergoing  punishment  for  an  offence  
against any law; or
(b) required by any law for public purpose:
Provided that no compulsory service shall be of a cruel nature or  
incompatible with human dignity. 
12. Protection against retrospective punishment .− (1) No law  
shall authorize the punishment of a person − 
(a) for an act or omission that was not punishable by law at the 
time of the act or omission; or
(b) for  an  offence  by  a  penalty  greater  than,  or  of  a  kind 
different  from,  the  penalty  prescribed  by  law  for  that 
offence at the time the offence was committed. 
(2) Nothing in clause (1) or in Article 270 shall apply to any law  
making acts of abrogation or subversion of a Constitution  in force in  
Pakistan  at  any  time  since  the  twenty-third  day  of  March,  one 
thousand nine hundred and fifty-six, an offence.
13. Protection  against  double  punishment  and  self-
incrimination.− No person − 
(a) shall be prosecuted or punished for the same offence more  
than once; or 
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 5.
Constitution: (Amendment) Order, 2007 | 9
(b) shall, when accused of an offence, be compelled to be a  
witness against himself. 
14. Inviolability of dignity of man, etc .− (1) The dignity of man  
and, subject to law, the privacy of home, shall be inviolable.
(2) No  person  shall  be  subjected  to  torture for the  purpose  of 
extracting evidence.
15. Freedom of movement, etc .− Every citizen shall have the right  
to remain in, and, subject to any reasonable restriction imposed by  
law  in  the  public  interest,  enter  and  move  freely  throughout 
Pakistan and to reside and settle in any part thereof.
16. Freedom of assembly .− Every citizen shall have the right to  
assemble peacefully and without arms, subject to any reasonable  
restrictions imposed by law in the interest of public order.
1[17. Freedom of association .− (1) Every citizen shall have the  
right  to  form  associations  or  unions,  subject  to  any  reasonable 
restrictions imposed by law in the interest of sovereignty or integrity of  
Pakistan, public order or morality.
(2) Every citizen, not being in the service of Pakistan, shall have  
the right to form or be a member of a political party, subject to any  
reasonable  restrictions  imposed  by  law  in  the  interest  of  the 
sovereignty or integrity of Pakistan and such law shall provide that  
where the Federal Government declares that any political party has  
been formed or is operating in a manner prejudicial to the 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.]
18.Freedom of trade, business or profession .− Subject to such 
qualifications, if any, as may be prescribed by law, every citizen  
shall  have  the  right  to  enter  upon  any  lawful  profession  or 
occupation, and to conduct any lawful trade or business: 
Provided that nothing in this Article shall prevent −
(a) the regulation  of any trade or profession  by a licensing  
system; or
(b) the regulation of trade, commerce or industry in the interest 
of free competition therein; or
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp.267-316, s. 6.
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(c) the carrying on, by the Federal Government or a Provincial  
Government, or by a corporation controlled by any such  
Government, of any trade, business, industry or service, to  
the exclusion, complete or partial, of other persons. 
19.Freedom of speech, etc .− Every citizen shall have the right to  
freedom of speech and expression, and there shall be freedom of  
the press, subject to any reasonable restrictions imposed by law in  
the  interest  of  the  glory  of  Islam  or  the  integrity,  security  or 
defence  of Pakistan  or  any  part  thereof, friendly  relations  with 
foreign States, public order, decency or morality, or in relation to  
contempt of court, 1[commission of] or incitement to an offence.
2[19A. Right to information .− Every citizen shall have the right to  
have access to information in all matters of public importance subject  
to regulation and reasonable restrictions imposed by law.] 
20.Freedom  to  profess  religion  and  to  manage  religious  
institutions.− Subject to law, public order and morality,− 
(a) every citizen shall have the right to profess, practise and  
propagate his religion; and
(b) every religious denomination and every sect thereof shall  
have  the  right  to  establish,  maintain  and  manage  its 
religious institutions.
21.Safeguard  against  taxation  for  purposes  of  any  
particular religion .− No person shall be compelled to pay any  
special  tax  the  proceeds  of  which  are  to  be  spent  on  the 
propagation or maintenance of any religion other than his own.
22.Safeguards as to educational institutions in respect of  
religion, etc.− (1) No person attending any educational institution  
shall be required to receive religious instruction, or take part in any  
religious ceremony, or attend religious worship, if such instruction,  
ceremony or worship relates to a religion other than his own.
(2) In  respect  of  any  religious  institution,  there  shall  be  no 
discrimination against any community in the granting of exemption or  
concession in relation to taxation.
(3) Subject to law,− 
1Substituted for the word “defamation” by the Constitution  (Fourth Amendment) Act, 1975 (LXXI  
of 1975); assented to by the President on 21 November 1975; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 4.
2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 7. 
Constitution: (Amendment) Order, 2007 | 11
(a) no religious community or denomination shall be prevented  
from  providing  religious  instruction  for  pupils  of  that 
community or denomination in any educational institution  
maintained wholly by that community or denomination; and
(b) no citizen shall be denied admission to any educational  
institution receiving aid from public revenues on the ground  
only of race, religion, caste or place of birth. 
(4) Nothing in this Article shall prevent any public authority  from  
making provision for the advancement of any socially or educationally  
backward class of citizens.
23.Provision as to property .− Every citizen shall have the right to  
acquire,  hold  and  dispose  of  property  in  any  part of Pakistan, 
subject  to  the  Constitution and  any  reasonable  restrictions  
imposed by law in the public interest. 
24.Protection  of  property  rights .− (1)  No  person  shall  be 
deprived of his property save in accordance with law.
(2) No  property  shall  be  compulsorily  acquired  or  taken  
possession of save for a public purpose, and save by the authority  of 
law  which  provides  for compensation  therefor  and  either fixes  the 
amount of compensation or specifies the principles on and the manner 
in which compensation is to be determined and given.
(3) Nothing in this Article shall affect the validity of − 
(a) any  law  permitting  the  compulsory  acquisition  or  taking 
possession of any property for preventing danger to life,  
property or public health; or
(b) any law permitting the taking over of any property which  
has been acquired by, or come into the possession of, any  
person by any unfair means, or in any manner, contrary to  
law; or
(c) any  law  relating  to  the  acquisition,  administration  or 
disposal of any property which is or is deemed to be enemy 
property  or  evacuee  property  under  any  law  (not  being 
property which has ceased to be evacuee property under  
any law); or
(d) any law providing for the taking over of the management of  
any property by the State for a limited period, either in the  
public  interest  or  in  order  to  secure  the  proper  
management of the property, or for the benefit of its owner;  
or
(e) any  law  providing  for  the  acquisition  of  any  class  of 
property for the purpose of −
12 | Constitution: (Amendment) Order, 2007
(i) providing  education  and  medical  aid  to  all  or  any 
specified class of citizens; or
(ii) providing  housing  and  public  facilities  and  services 
such  as  roads,  water  supply,  sewerage,  gas  and 
electric power to all or any specified class of citizens; or
(iii) providing  maintenance  to  those  who,  on  account  of 
unemployment,  sickness,  infirmity  or  old  age,  are 
unable to maintain themselves; or 
(f) any existing law or any law made in pursuance of Article  
253. 
(4) The adequacy or otherwise of any compensation provided for  
by any such law as is referred to in this Article, or determined in  
pursuance thereof, shall not be called in question in any court.
25.Equality of citizens .− (1) All citizens are equal before law and  
are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex 1[*].
(3) Nothing in this Article shall prevent the State from making any  
special provision for the protection of women and children. 
2[25A. Right  to  education .− The  State  shall  provide  free  and 
compulsory education to all children of the age of five to sixteen years  
in such manner as may be determined by law.]
26.Non-discrimination  in  respect  of  access  to  public  
places.− (1) In respect of access to places of public entertainment  
or resort, not intended for religious purposes only, there shall be  
no discrimination against any citizen on the ground only of race,  
religion, caste, sex, residence or place of birth.
(2) Nothing in clause (1) shall prevent the State from making any  
special provision for women and children.
27.Safeguard  against  discrimination  in  services .− (1)  No  
citizen  otherwise  qualified  for  appointment  in  the  service  of 
Pakistan  shall  be  discriminated  against  in respect of any such 
appointment  on  the  ground  only  of  race,  religion,  caste,  sex, 
residence or place of birth: 
1The word “alone” was omitted by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010) ; 
assented  to  by  the  President  on  19  April  2010;  and, published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 8.
2Inserted ibid, s. 9.
Constitution: (Amendment) Order, 2007 | 13
Provided that, for a period not exceeding  1[forty] years from the  
commencing day, posts may be reserved for persons belonging to any 
class or area to secure their adequate representation in the service of  
Pakistan:
Provided further that, in the interest of the said service, specified  
posts or services may be reserved for members of either sex if such  
posts or services entail the performance of duties and functions which  
cannot be adequately performed by members of the other sex 2[:]
3[Provided also that under-representation of any class or area in the  
service of Pakistan may be redressed in such manner as may be  
determined by an Act of Majlis-e-Shoora (Parliament).]
(2) Nothing in clause (1) shall prevent any Provincial Government,  
or  any  local  or  other  authority in  a  Province,  from  prescribing,  in 
relation  to any post or class of service under that Government or  
authority, conditions as to residence in the Province, for a period not  
exceeding three years, prior to appointment under that Government or  
authority.
28.Preservation of language, script and culture .− Subject to  
Article 251 any section of citizens having a distinct language, script 
or culture shall have the right to preserve and promote the same  
and subject to law, establish institutions for that purpose.
Chapter 2
Principles of Policy
29.Principles of Policy .− (1) The Principles set out in this Chapter  
shall  be  known  as  the  Principles  of  Policy,  and  it  is  the 
responsibility of each organ and authority of the State, and of each 
person performing functions on behalf of an organ or authority of  
the State, to act in accordance with those Principles in so far as  
they relate to the functions of the organ or authority.
(2) In so far as the observance of any particular Principle of Policy  
may be dependent upon resources being available for the purpose,  
the Principle shall be regarded as being subject to the availability of  
resources. 
1Substituted for the word “twenty” by the Constitution  (Sixteenth Amendment) Act, 1999 (VII of  
1999); assented to by the President on 3 August 1999; and, published in the Gazette of Pakistan 
(Extraordinary), dated: 5 August 1999, p.1237, s. 2. The word “twenty” was earlier substituted for  
the word “ten” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article  
2 read with the Schedule, item 4: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
2Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 10.
3Inserted ibid. 
14 | Constitution: (Amendment) Order, 2007
(3) In respect of each year, the President in relation to the affairs  
of the Federation, and the Governor of each Province in relation to the  
affairs of his Province, shall cause to be prepared and laid before the  
1[each House of Majlis-e-Shoora (Parliament)] or, as the case may be,  
the  Provincial  Assembly,  a  report  on  the  observance  and  
implementation  of  the  Principles  of  Policy,  and  provision  shall  be 
made in the rules of procedure of the National Assembly  2[and the  
Senate]  or,  as  the  case  may  be,  the  Provincial  Assembly,  for 
discussion on such report.
30.Responsibility with respect to Principles of Policy .− (1)  
The responsibility of deciding whether any action of an organ or  
authority of  the  State,  or  of  a  person  performing  functions  on 
behalf of an organ or authority of the State, is in accordance with  
the Principles of Policy is that of the organ or authority of the  
State, or of the person, concerned. 
(2) The validity of an action or of a law shall not be called in  
question on the ground that it is not in accordance with the Principles  
of  Policy,  and  no  action  shall  lie  against  the  State,  any  organ  or 
authority of the State or any person on such ground. 
31.Islamic way of life .− (1) Steps  shall  be taken to enable  the 
Muslims of Pakistan, individually  and collectively, to order their  
lives  in  accordance  with  the  fundamental  principles  and  basic 
concepts of Islam and to provide facilities whereby they may be  
enabled to understand the meaning of life according to the Holy  
Quran and Sunnah. 
(2) The  State  shall  endeavour,  as  respects  the  Muslims  of 
Pakistan,− 
(a) to  make  the  teaching  of  the  Holy  Quran  and  Islamiat 
compulsory,  to  encourage  and  facilitate  the  learning  of 
Arabic language and to secure correct and exact printing  
and publishing of the Holy Quran;
(b) to promote unity and the observance of the Islamic moral  
standards; and
(c) to secure the proper organisation of  zakat,  3[ushr,]  auqaf 
and mosques.
1Substituted for the words “the National Assembly” by the Constitution  (Eighteenth Amendment) 
Act, 2010 (X of 2010) ; assented to by the President on 19 April 2010; and, p ublished in the  
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 11.
2Inserted ibid.
3Inserted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No.14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March1985, pp. 185-227, Article 2 read with 
the Schedule, item 5: the Order came into force on 2 March 1985 and was saved under Article 
270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 15
32.Promotion  of  local  Government  institutions.− The  State 
shall  encourage  local  Government  institutions  composed  of 
elected  representatives  of  the  areas  concerned  and  in  such 
institutions  special  representation  will  be  given  to  peasants, 
workers and women. 
33.Parochial  and  other  similar  prejudices  to  be  
discouraged.− The State shall discourage parochial, racial, tribal, 
sectarian and provincial prejudices among the citizens. 
34.Full participation of women in national life .− Steps shall be  
taken  to  ensure  full  participation  of  women  in  all  spheres  of 
national life. 
35.Protection of family, etc.− The State shall protect the marriage, 
the family, the mother and the child. 
36.Protection  of  minorities .− The  State  shall  safeguard  the 
legitimate  rights  and  interests  of  minorities,  including  their  due 
representation in the Federal and Provincial services. 
37.Promotion  of  social  justice  and  eradication  of  social  
evils.− The State shall − 
(a) promote, with special care, the educational and economic  
interests of backward classes or areas;
(b) remove  illiteracy  and  provide  free  and  compulsory  
secondary education within minimum possible period;
(c) make  technical  and  professional  education  generally 
available and higher education equally accessible to all on  
the basis of merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane conditions of  
work, ensuring that children and women are not employed  
in vocations unsuited to their age or sex, and for maternity  
benefits for women in employment;
(f) enable  the people of different areas, through education,  
training, agricultural and industrial development and other  
methods,  to  participate  fully  in  all  forms  of  national 
activities, including employment in the service of Pakistan;
(g) prevent prostitution, gambling and taking of injurious drugs, 
printing,  publication,  circulation  and  display  of  obscene 
literature and advertisements;
(h) prevent the consumption of alcoholic liquor otherwise than  
for medicinal and, in the case of non-Muslims, religious  
purposes; and
16 | Constitution: (Amendment) Order, 2007
(i) decentralise  the  Government  administration  so  as  to 
facilitate expeditious disposal of its business to meet the  
convenience and requirements of the public.
38.Promotion  of  social  and  economic  well-being  of  the  
people.− The State shall− 
(a) secure the well-being of the people, irrespective of sex,  
caste, creed or race, by raising their standard of living, by  
preventing  the  concentration  of  wealth  and  means  of 
production and distribution in the hands of a few to the  
detriment  of  general  interest  and  by  ensuring  equitable 
adjustment of rights between employers and employees,  
and landlords and tenants;
(b) provide for all citizens, within the available resources of the  
country,  facilities  for  work  and  adequate  livelihood  with 
reasonable rest and leisure;
(c) provide for all persons employed in the service of Pakistan  
or  otherwise,  social  security  by  compulsory  social  
insurance or other means;
(d) provide  basic necessities  of life, such as food, clothing,  
housing, education and medical relief, for all such citizens,  
irrespective  of  sex,  caste,  creed  or  race,  as  are  
permanently or temporarily unable to earn their livelihood  
on account of infirmity, sickness or unemployment;
(e) reduce disparity in the income and earnings of individuals,  
including persons in the various classes of the service of  
Pakistan; 1[*]
(f) eliminate riba as early as possible 2[;]  3[and]
 4[(g)  ensure  that  the  shares  of  the  Provinces  in  all  Federal 
services,  including  autonomous  bodies  and  corporations 
established  by,  or  under  the  control  of,  the  Federal 
Government,  shall  be secured  and  any  omission  in  the 
allocation of the shares of the Provinces in the past shall  
be rectified.]
39.Participation of people in Armed Forces .− The State shall  
enable people from all parts of Pakistan to participate in the Armed 
Forces of Pakistan.
1The word “and” was omitted by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010 ; 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 12.
2Substituted ibid, for the “full-stop”.
3Added ibid.
4Ibid.
Constitution: (Amendment) Order, 2007 | 17
40.Strengthening bonds with Muslim world and promoting  
international peace .− The State shall  endeavour  to preserve  
and strengthen fraternal relations among Muslim countries based  
on Islamic unity, support the common interests of the peoples of  
Asia, Africa and Latin America, promote international peace and  
security, foster goodwill and friendly relations among all nations  
and encourage the settlement of international disputes by peaceful 
means.
PART III
The Federation of Pakistan
Chapter 1
The President
41.The President.− (1) There shall be a President of Pakistan who  
shall be the Head of State and shall represent the unity of the  
Republic.
(2) A person shall not be qualified for election as President unless  
he is a Muslim of not less than forty-five years of age and is qualified  
to be elected as member of the National Assembly.
1[(3) The President 2[* * * * * * * * * *] shall be elected in accordance 
with the provisions of the Second Schedule by the members of an  
electoral college consisting of −
(a) the members of both Houses; and
(b) the members of the Provincial Assemblies.]
(4) Election to the office of President shall be held not earlier than  
sixty days and not later than thirty days before the expiration of the  
term of the President in office: 
Provided  that,  if  the  election  cannot  be  held  within  the  period 
aforesaid because the National Assembly is dissolved, it shall be held  
within thirty days of the general election to the Assembly.
(5) An election to fill a vacancy in the office of President shall be  
held not later than thirty days from the occurrence of the vacancy: 
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March1985, pp. 185-227, Article  
2 read with the Schedule, item 6: the Order came into force on 2 March 1985 and was  saved 
under Article 270A of the Constitution.
2The  expression  “to  be elected  after  the  term  specified  in  clause  (7)”  was  omitted  by  the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19  
April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  
267-316, s. 13. The words “expiration of the” would be deemed to have been omitted in the  
context of the omission.
18 | Constitution: (Amendment) Order, 2007
Provided  that,  if  the  election  cannot  be  held  within  the  period 
aforesaid because the National Assembly is dissolved, it shall be held  
within thirty days of the general election to the Assembly.
(6) The validity of the election of the President shall not be called  
in question by or before any court or other authority.
1[(7)  * * * * *   ]
2[(8)  * * * * *   ]
3[(9)  * * * * *   ]
42.Oath of President .− Before entering upon office, the President  
shall make before the Chief Justice of Pakistan oath in the form  
set out in the Third Schedule.
43.Conditions of President's office .− (1) The President shall not  
hold any office of profit in the service of Pakistan or occupy any  
other position carrying the right to remuneration for the rendering  
of services.
(2) The  President  shall  not  be  a  candidate  for  election  as  a 
member of  4[Majlis-e-Shoora(Parliament)]  or a Provincial Assembly;  
and,  if  a  member  of  5[Majlis-e-Shoora(Parliament)] or  a  Provincial 
Assembly  is  elected  as  President,  his  seat  in  6[Majlis-e-
Shoora(Parliament)] or, as the case may be, the Provincial Assembly  
shall become vacant on the day he enters upon his office.
44.Term of office of President .− (1) Subject to the Constitution , 
the President shall hold office for a term of five years from the day  
he enters upon his office: 
Provided that the President shall, notwithstanding the expiration of  
his term, continue to hold office until his successor enters upon his  
office.
1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 13. The clause was earlier inserted by the Revival of the Constitution  
of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp.185-227, Article 2 read with the Schedule, item 6: the Order came into  
force on 2 March 1985 and was saved under Article 270A of the Constitution.
2Ibid. The clause was earlier added by the Constitution (Seventeenth Amendment) Act, 2003 (III  
of 2003); assented to by the President on 31 December 2003; and, published the same day in  
the Gazette of Pakistan (Extraordinary), pp.149-153, s. 2.
3Ibid.
4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
5Ibid.
6Ibid.
Constitution: (Amendment) Order, 2007 | 19
(2) Subject  to  the  Constitution,  a  person  holding  office  as 
President shall be eligible for re-election to that office, but no person  
shall hold that office for more than two consecutive terms.
(3) The President may, by writing under his hand addressed to the  
Speaker of the National Assembly, resign his office.
45.President's power to grant pardon, etc .− The President shall 
have power to grant pardon, reprieve and respite, and to remit,  
suspend or commute any sentence passed by any court, tribunal  
or other authority.
1[46. President to be kept informed .− The Prime Minister shall  
keep the President informed on all matters of internal and foreign  
policy and on all legislative proposals the Federal Government intends  
to bring before Majlis-e-Shoora (Parliament).]
47. Removal  2[or  impeachment ] of  President .− 3[(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.]
(3) If a notice under clause (2) is received by the Chairman, he  
shall transmit it forthwith to the Speaker.
(4) The Speaker shall, within three days of the receipt of a notice  
under  clause  (2)  or clause  (3), cause  a  copy  of the  notice  to be 
transmitted to the President.
(5) The Speaker shall summon the two Houses to meet in a joint  
sitting not earlier than seven days and not later than fourteen days  
after the receipt of the notice by him.
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 14. It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 7: the Order came 
into force on 2 March 1985 and was saved under Article 270A of the Constitution. 
2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 8: the Order came into force on 2 March 1985 and  was saved under  
Article 270A of the Constitution.
3Substituted ibid.
20 | Constitution: (Amendment) Order, 2007
(6) The joint sitting may investigate or cause to be investigated the 
ground or the charge upon which the notice is founded.
(7) The  President  shall  have  the  right  to  appear  and  be 
represented during the investigation, if any, and before the joint sitting.
(8) If, after consideration of the result of the investigation, if any, a  
resolution is passed at the joint sitting by the votes of not less than  
two-thirds of the total membership of  1[Majlis-e-Shoora (Parliament)], 
declaring that the President is unfit to hold the office due to incapacity  
or is guilty of violating the Constitution  or of gross misconduct, the  
President shall cease to hold office immediately on the passing of the  
resolution.
2[48. President to act on advice, etc .− (1) In the exercise of his  
functions, the President shall  act  3[on and] in accordance with the  
advice of the Cabinet 4[or the Prime Minister]: 
5[Provided that 6[within fifteen days] the President may require the  
Cabinet or, as the case may be, the Prime Minister to reconsider such  
advice, either generally or otherwise, and the President shall 7[, within 
ten  days,]  act  in  accordance  with  the  advice  tendered  after  such 
reconsideration.]
(2) Notwithstanding  anything  contained  in  clause  (1),  the  
President shall act in his discretion in respect of any matter in respect  
of which  he  is empowered  by the Constitution to do  so  8[and the  
validity of anything done by the President in his discretion shall not be  
called in question on any ground whatsoever].
9[(3)  * * * * * *   ]
1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted ibid, item 9.
3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 15.
4Substituted for the expression “, the Prime Minister, or appropriate Minister” by the Constitution  
(Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the President on 9 November  
1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November 1985, pp.  
403-410, s. 2.
5Substituted ibid.
6Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010; assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 15.
7Ibid.
8Added by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the  
President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 
11 November 1985, pp. 403-410, s. 2.
9Omitted ibid.
Constitution: (Amendment) Order, 2007 | 21
(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.
1[(5)  Where  the  President  dissolves  the  National  Assembly, 
notwithstanding anything contained in clause (1), he shall,− 
(a) appoint a date, not later than ninety days from the date of  
the dissolution, for the holding of a general election to the  
Assembly; and 
(b) appoint  a  care-taker  Cabinet  2[in  accordance  with  the 
provisions of Article 224 or, as the case may be, Article  
224A].]
3[(6) If at any time the Prime Minister considers it necessary to hold 
a referendum on any matter of national importance, he may refer the  
matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is  
approved in a joint sitting, the Prime Minister may cause such matter  
to be referred to a referendum in the form of a question that is capable  
of being answered by either “Yes” or “No”.]
(7) An  Act  of  Majlis-e-Shoora  (Parliament)  may  lay  down  the 
procedure  for  the  holding  of a referendum  and  the  compiling  and 
consolidation of the result of a referendum.]
49. Chairman or Speaker to act as, or perform functions of,  
President.− (1)  If  the  office  of  President  becomes  vacant  by 
reason  of  death,  resignation  or  removal  of  the  President,  the 
Chairman or, if he is unable to perform the functions of the office  
of President, the Speaker of the National Assembly shall act as  
President until a President is elected in accordance with clause (3)  
of Article 41.
(2) When the President, by reason of absence from Pakistan or  
any other cause, is unable to perform his functions, the Chairman or, if 
he too is absent or unable to perform the functions of the office of  
President, the Speaker of the National Assembly shall perform the  
functions of President until the President returns to Pakistan or, as the  
case may be, resumes his functions.
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 15.
2Added by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012);  assented to by the  
President on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: 
29 February 2012, pp. 93-97, s. 2.
3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 15.
22 | Constitution: (Amendment) Order, 2007
Chapter 2
1 Majlis-e-Shoora (Parliament)
Composition, Duration and Meetings of 2[Majlis-e-Shoora 
(Parliament)]
 3[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.]
4[51. National Assembly.− (1) There shall be three hundred and forty-
two  seats  for  members  in  the  National  Assembly,  including  seats 
reserved for women and non-Muslims. 
(2) A person shall be entitled to vote if −
(a) he is a citizen of Pakistan; 
(b) he is not less than eighteen years of age; 
(c) his name appears on the electoral roll; and 
(d) he is not declared by a competent court to be of unsound  
mind. 
(3) The seats in the National Assembly referred to in clause (1),  
except as provided in clause (4), shall be allocated to each Province,  
the Federally Administered Tribal Areas and the Federal Capital as  
under:− 
General Seats Women Total
Balochistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered 
Tribal Areas
12 - 12
Federal Capital 2 - 2
Total 272 60 332
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
3Substituted ibid, item 10.
4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 16: it came into force on 21 August 2002.
][The
Constitution: (Amendment) Order, 2007 | 23
(4) In addition to the number of seats referred to in clause (3),  
there shall be, in the National Assembly, ten seats reserved for non-
Muslims. 
(5) The seats in the National Assembly shall be allocated to each  
Province, the Federally Administered Tribal Areas and the Federal  
Capital  on  the  basis  of  population  in  accordance  with  the  last 
preceding census officially published. 
(6) For the purpose of election to the National Assembly,−
(a) the  constituencies  for  the  general  seats  shall  be  single 
member territorial constituencies and the members to fill  
such  seats  shall  be  elected  by  direct  and  free  vote  in 
accordance with law;  
(b) each Province shall be a single constituency for all seats  
reserved for women which are allocated to the respective  
Provinces under clause (3); 
(c) the  constituency  for  all  seats  reserved  for  non-Muslims 
shall be the whole country; 
(d) members  to  the  seats  reserved  for  women  which  are 
allocated to a Province under clause (3) shall be elected in  
accordance  with  law  through  proportional  representation 
system of political parties’ lists of candidates on the basis  
of total number of general seats secured by each political  
party  from  the  Province  concerned  in  the  National 
Assembly: 
Provided that for the purpose of this paragraph the total  
number  of  general  seats  won  by  a  political  party  shall 
include the independent returned candidate or candidates  
who may duly join such political party within three days of  
the publication in the official Gazette of the names of the  
returned candidates; and 
(e) members to the seats reserved for non-Muslims shall be  
elected  in  accordance  with  law  through  proportional 
representation system of political parties’ lists of candidates 
on the basis of total number of general seats won by each  
political party in the National Assembly: 
Provided that for the purpose of this paragraph the total  
number  of  general  seats  won  by  a  political  party  shall 
include the independent returned candidate or candidates  
who may duly join such political party within three days of  
the publication in the official Gazette of the names of the  
returned candidates.]
52. Duration  of  National  Assembly .− The  National  Assembly 
shall, unless sooner dissolved, continue for a term of five years  
24 | Constitution: (Amendment) Order, 2007
from the day of its first meeting and shall stand dissolved at the  
expiration of its term. 
53. Speaker and Deputy Speaker of National Assembly .− (1) 
After a general election, the National Assembly shall, at its first  
meeting and to the exclusion of any other business, elect from  
amongst its members a Speaker and a Deputy Speaker and, so  
often as the office of Speaker or Deputy Speaker becomes vacant, 
the Assembly shall elect another member as Speaker or, as the  
case may be, Deputy Speaker. 
(2) Before entering upon office, a member elected as Speaker or  
Deputy Speaker shall make before the National Assembly oath in the  
form set out in the Third Schedule. 
(3) When the office of Speaker is vacant, or the Speaker is absent  
or is unable to perform his functions due to any cause, the Deputy  
Speaker shall act as Speaker, and if, at that time, the Deputy Speaker  
is also absent or is unable to act as Speaker due to any cause, such  
member  as  may  be  determined  by  the  rules  of  procedure  of  the 
Assembly shall preside at the meeting of the Assembly. 
(4) The Speaker or the Deputy Speaker shall not preside at a  
meeting of the Assembly when a resolution for his removal from office  
is being considered. 
(5) The Speaker may, by writing under his hand addressed to the  
President, resign his office. 
(6) The  Deputy  Speaker  may,  by  writing  under  his  hand 
addressed to the Speaker, resign his office. 
(7) The office of Speaker or Deputy Speaker shall become vacant  
if −
(a) he resigns his office;
(b) he ceases to be a member of the Assembly; or
(c) he is removed from office by a resolution of the Assembly,  
of which not less than seven days’ notice has been given  
and which is passed by the votes of the majority of the total 
membership of the Assembly.
(8) When the National Assembly is dissolved the Speaker shall  
continue in his office till the person elected to fill the office by the next  
Assembly enters upon his office.
Constitution: (Amendment) Order, 2007 | 25
 154. Summoning  and  prorogation  of  2[Majlis-e-Shoora 
(Parliament)].− (1) The President may, from time to time, summon  
either House or both Houses or 3[Majlis-e-Shoora (Parliament)] in joint 
sitting to meet at such time and place as he thinks fit and may also  
prorogue the same.
(2) There  shall  be  at  least  4[three]  sessions  of  the  National 
Assembly every year, and not more than one hundred and twenty  
days shall intervene between the last sitting of the Assembly in one  
session and the date appointed for its first sitting in the next session: 
Provided that the National Assembly shall meet for not less than  
one hundred and 5[thirty] working days in each year.
 6[Explanation.− In this clause, ‘working days’ includes any day on  
which there is a joint sitting and any period, not exceeding two days,  
for which the National Assembly is adjourned.]
(3) On a requisition signed by not less than one-fourth of the total  
membership of the National Assembly, the Speaker shall summon the  
National Assembly to meet, at such time and place as he thinks fit,  
within fourteen days of the receipt of the requisition; and when the  
Speaker has summoned the Assembly only he may prorogue it.
55. Voting  in  Assembly  and  quorum .− (1)  Subject  to  the  
Constitution, all decisions of the National Assembly shall be taken  
by majority of the members present and voting, but the person  
presiding shall not vote except in the case of equality of votes. 
(2) If at any time during a sitting of the National Assembly the  
attention of the person presiding is drawn to the fact that less than  
one-fourth of the total membership of the Assembly is present, he  
1Until 31 day of December 1973, Article 54 had effect as if the proviso to clause (2) thereof were  
omitted: see the Removal Difficulties (Sittings of National Assembly) Order, 1973 (P.O. No. 23 of  
1973), published in the Gazette of Pakistan (Extraordinary), dated: 6 November 1973, pp. 695-
696, Article 2.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Ibid.
4Substituted ibid, for the word “two”, item 12.
5Substituted for the word “sixty” by the Constitution  (Tenth Amendment) Act, 1987 (I of 1987);  
assented to by the President on 25 March 1987; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 29 March 1987, p. 1, s. 2. The word “sixty” was earlier substituted for the  
word “thirty” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article  
2 read with the Schedule, item 12: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
6Added by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the  
President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 25 November 1975, pp. 579-585, s. 6.
26 | Constitution: (Amendment) Order, 2007
shall either adjourn the Assembly or suspend the meeting until at least  
one-fourth of such membership is present.
56. Address by President.− 1[(1)] The President may address either 
House  or  both  Houses  assembled  together  and  may  for  that 
purpose require the attendance of the members. 
2[(2) The President may send messages to either House, whether  
with respect to a Bill then pending in the Majlis-e-Shoora (Parliament)  
or otherwise, and a House to which any message is so sent shall with  
all convenient dispatch consider any matter required by the message  
to be taken into consideration.]
3[(3) At the commencement of the first session after each general  
election to the National Assembly and at the commencement of the  
first session of each year the President shall address both Houses  
assembled together and inform the Majlis-e-Shoora (Parliament) of  
the causes of its summons.]
4[(4) Provision shall be made in the rules for regulating the procedure 
of a House and the conduct of its business for the allotment of time for  
discussion of the matters referred to in the address of the President.]
57. Right  to  speak  in  5[Majlis-e-Shoora  (Parliament)].− The  
Prime Minister, a Federal Minister, a Minister of State and the  
Attorney General shall have the right to speak and otherwise take  
part in the proceedings of either House, or a joint sitting or any  
committee thereof, of which he may be named a member, but  
shall not by virtue of this Article be entitled to vote. 
1The existing clause was renumbered as clause (1) by the Revival of the Constitution  of 1973  
Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated:  
17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 13: the Order came into  
force on 2 March 1985 and was saved under Article 270A of the Constitution.
2Added ibid.
3Substituted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by  
the President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary),  
dated:  11  November  1985,  pp.  403-410,  s.  4.  It  was  earlier  added  by  the  Revival  of  the 
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan  
(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 13:  
the  Order  came  into  force  on  2  March  1985  and  was  saved  under  Article  270A  of  the 
Constitution.
4Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 13: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
5Substituted for the word “Parliament” Added by the Revival of the Constitution  of 1973 Order,  
1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17  
March 1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on  
2 March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 27
 1[58.  Dissolution of the National Assembly .− (1) The President  
shall  dissolve  the  National  Assembly  if  so  advised  by  the  Prime 
Minister; and the National Assembly shall, unless sooner dissolved,  
stand dissolved at the expiration of forty-eight hours after the Prime  
Minister has so advised. 
Explanation.− Reference in this Article to “Prime Minister” shall  
not be construed  to include  reference  to a  Prime Minister against 
whom a notice of a resolution for a vote of no-confidence has been  
given  in  the  National  Assembly  but  has  not  been  voted  upon  or 
against whom such a resolution has been passed or who is continuing  
in office after his resignation or after the dissolution of the National  
Assembly. 
(2) Notwithstanding anything contained in clause (2) of Article 48,  
the  President  may  also  dissolve  the  National  Assembly  in  his 
discretion where, a vote of no-confidence having been passed against  
the  Prime  Minister,  no  other  member  of  the  National  Assembly 
commands  the  confidence  of  the  majority  of  the  members  of  the 
National  Assembly  in  accordance  with  the  provisions  of  the 
Constitution, as ascertained in a session of the National Assembly  
summoned for the purpose.]
 2[59. The Senate .− (1) The Senate shall consist of one hundred and  
four members, of whom,− 
(a) fourteen  shall  be  elected  by  the  members  of  each 
Provincial Assembly; 
(b) eight  shall  be  elected  from  the  Federally  Administered 
Tribal  Areas, in such manner as the President may, by  
Order, prescribe; 
(c) two on general seats, and one woman and one technocrat  
including aalim shall be elected from the Federal Capital in  
such manner as the President may, by Order, prescribe; 
(d) four  women  shall  be  elected  by  the  members  of  each 
Provincial Assembly; 
(e) four technocrats including  ulema  shall be elected by the  
members of each Provincial Assembly; and 
(f) four non-Muslims, one from each Province, shall be elected 
by the members of each Provincial Assembly: 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 17.
2Ibid, s. 18.
28 | Constitution: (Amendment) Order, 2007
Provided that paragraph (f) shall be effective from the next  
Senate  election  after  the  commencement  of  the  
Constitution (Eighteenth Amendment) Act, 2010. 
(2) Election to fill seats in the Senate allocated to each Province  
shall  be  held  in  accordance  with  the  system  of  proportional 
representation by means of the single transferable vote. 
(3) The Senate shall not be subject to dissolution but the term of  
its members, who shall retire as follows, shall be six years: 
(a) of the members referred to in paragraph (a) of clause (1),  
seven shall retire after the expiration of the first three years  
and seven shall retire after the expiration of the next three  
years; 
(b) of  the  members  referred  to  in  paragraph  (b)  of  the 
aforesaid clause, four shall retire after the expiration of the  
first three years and four shall retire after the expiration of  
the next three years; 
(c) of  the  members  referred  to  in  paragraph  (c)  of  the 
aforesaid clause,- 
(i) one  elected  on  general  seat  shall  retire  after  the 
expiration  of the first three years and the other one  
shall retire after the expiration of the next three years;  
and  
(ii) one elected on the seat reserved for technocrat shall  
retire after first three years and the one elected on the  
seat reserved for women shall retire after the expiration  
of the next three years; 
(d) of  the  members  referred  to  in  paragraph  (d)  of  the 
aforesaid clause, two shall retire after the expiration of the  
first three years and two shall retire after the expiration of  
the next three years; 
(e) of  the  members  referred  to  in  paragraph  (e)  of  the 
aforesaid clause, two shall retire after the expiration of the  
first three years and two shall retire after the expiration of  
the next three years; and 
(f) of the members referred to in paragraph (f) of the aforesaid  
clause,  two  shall  retire  after the expiration  of first three 
years and two shall retire after the expiration of next three  
years: 
Provided that the Election Commission for the first term  
of seats for non-Muslims shall draw a lot as to which two  
members shall retire after the first three years. 
Constitution: (Amendment) Order, 2007 | 29
(4) The term of office of a person elected to fill a casual vacancy  
shall be the unexpired term of the member whose vacancy he has  
filled.]
60. Chairman and Deputy Chairman .− (1) After the Senate has  
been  duly  constituted,  it  shall,  at  its  first  meeting  and  to  the 
exclusion of any other business, elect from amongst its members a 
Chairman and a Deputy Chairman and, so often as the office of  
Chairman or Deputy Chairman becomes vacant, the Senate shall  
elect  another  member  as  Chairman  or,  as  the  case  may  be, 
Deputy Chairman. 
(2) The term of office of the Chairman or Deputy Chairman shall  
be 1[three] years from the day on which he enters upon his office.
61. Other  provisions  relating  to  Senate .− The  provisions  of 
clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and 
Article 55 shall apply to the Senate as they apply to the National  
Assembly and, in their application to the Senate, shall have effect  
as if references therein to the National Assembly, Speaker and  
Deputy  Speaker  were  references,  respectively,  to  the  Senate, 
Chairman and Deputy Chairman  2[and as if, in the proviso to the  
said clause (2) of Article 54, for the words “ 3[one hundred and  
thirty]” the word “4[one hundred and ten]” were substituted]. 
Provisions as to Members of 5[Majlis-e-Shoora (Parliament)]
1Substituted for the word “two” by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); 
assented to by the President on 9 November 1985; and, published in  the Gazette of Pakistan  
(Extraordinary), dated: 11 November 1985, pp. 403-410, s. 7.
2Added by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp.179-182, s. 5.
3Substituted for the words “one hundred and sixty” by the Constitution  (Tenth Amendment) Act,  
1987 (I of 1987); assented to by the President on 25 March 1987; and, published in the Gazette  
of Pakistan (Extraordinary), dated: 29 March 1987, p. 1, s. 3. The words “one hundred and thirty”  
were earlier substituted by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of  
1985), dated: 19 March 1985, published in the Gazette of Pakistan (Extraordinary), pp.237-239,  
Article 2: the Order was saved under Article 270A of the Constitution.
4Substituted for the words “ninety” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 19.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
30 | Constitution: (Amendment) Order, 2007
 1[62.  Qualifications  for  membership  of  Majlis-e-Shoora  
(Parliament).− (1) A person shall not be qualified to be elected or  
chosen as a member of Majlis-e-Shoora (Parliament) unless − 
(a) he is a citizen of Pakistan;  
(b) he is, in the case of the National Assembly, not less than  
twenty-five years of age and is enrolled as a voter in any  
electoral roll in −   
(i) any part of Pakistan, for election to a general seat or a  
seat reserved for non-Muslims; and 
(ii) any  area  in  a  Province  from  which  she  seeks 
membership for election to a seat reserved for women. 
(c) he is, in the case of the 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,  non-profligate,  honest  and 
ameen, there being  no declaration to the contrary by a  
court of law; and 
(g) he has not, after the establishment of Pakistan, worked  
against the integrity of the country or opposed the ideology  
of Pakistan.
(2) The disqualifications specified in paragraphs (d) and (e) shall  
not apply to a person who is a non-Muslim, but such a person shall  
have good moral reputation.]
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 20. It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp.185-227, Article 2 read with the Schedule, item 16: the Order came  
into force on 2 March 1985 and was saved under Article 270A of the Constitution. The colon at  
the end of clause (g) and the semi-colon at the end of sub-Article (2) were replaced by the full  
stop during editing.
Constitution: (Amendment) Order, 2007 | 31
 1[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 − 
(a) he is of unsound mind and has been so declared by a  
competent court; or 
(b) he is an undischarged insolvent; or 
(c) he  ceases  to  be  a  citizen  of  Pakistan,  or  acquires  the 
citizenship of a foreign State; or 
(d) he holds an office of profit in the service of Pakistan other  
than an office declared by law not to disqualify its holder; or 
(e) he is in the service of any statutory body or any body which 
is owned or controlled by the Government or in which the  
Government has a controlling share or interest; or 
(f) being a citizen of Pakistan by virtue of section 14B of the  
Pakistan Citizenship Act, 1951 (II of 1951), he is for the  
time  being  disqualified  under  any  law  in  force  in  Azad 
Jammu and Kashmir from being elected as a member of  
the Legislative Assembly of Azad Jammu and Kashmir; or 
(g) he has been convicted by a court of competent jurisdiction  
for  propagating  any  opinion,  or  acting  in  any  manner, 
prejudicial to the ideology of Pakistan, or the sovereignty,  
integrity  or  security  of  Pakistan,  or  the  integrity  or 
independence  of  the  judiciary  of  Pakistan,  or  which 
defames or brings into ridicule the judiciary or the Armed  
Forces  of  Pakistan,  unless  a  period  of  five  years  has 
elapsed since his release; or 
(h) he has been, on conviction for any offence involving moral  
turpitude, 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  or 
service of a corporation or office set up or controlled by the  
Federal  Government,  Provincial  Government  or  a  Local 
Government on the ground of misconduct, unless a period  
of five years has elapsed since his dismissal; or 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and,  published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 21. It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 16: the Order came  
into force on 2 March 1985 and was saved under Article 270A of the Constitution.
32 | Constitution: (Amendment) Order, 2007
(j) he  has  been  removed  or  compulsorily  retired  from  the 
service of Pakistan or service of a corporation or office set  
up  or  controlled  by  the  Federal  Government,  Provincial 
Government  or  a  Local  Government  on  the  ground  of 
misconduct, unless a period of three years has elapsed  
since his removal or compulsory retirement; or 
(k) he has been in the service of Pakistan or of any statutory  
body  or  any  body  which  is  owned  or  controlled  by  the 
Government or in which the Government has a controlling  
share or interest, unless a period of two years has elapsed  
since he ceased to be in such service; or 
(l) he, whether by himself or by any person or body of persons 
in trust for him or for his benefit or on his account or as a  
member of a Hindu  undivided  family, has  any share or  
interest  in  a  contract,  not  being  a  contract  between  a 
cooperative  society  and  Government,  for  the  supply  of 
goods to, or for the execution of any contract or for the  
performance of any service undertaken by, Government: 
Provided that the disqualification under this paragraph shall 
not apply to a person −
(i) where the share or interest in the contract devolves on  
him  by  inheritance  or  succession  or  as  a  legatee, 
executor  or  administrator,  until  the  expiration  of  six 
months after it has so devolved on him; 
(ii) where  the  contract  has  been  entered  into  by  or  on 
behalf  of  a  public  company  as  defined  in  the 
Companies Ordinance, 1984 (XLVII of 1984), of which  
he is a 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; 
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; or 
(m)he holds any office of profit in the service of Pakistan other  
than the following offices, namely:− 
(i) an office which is not whole time office remunerated  
either by salary or by fee; 
Constitution: (Amendment) Order, 2007 | 33
(ii) the office of Lumbardar, whether called by this or any  
other title; 
(iii) the Qaumi Razakars; 
(iv) any office the holder whereof, by virtue of such office, is 
liable  to  be  called  up  for  military  training  or  military 
service under any law providing for the constitution or  
raising of a Force; or 
(n) he has obtained a loan for an amount of two million rupees  
or more, from any bank, financial institution, cooperative  
society  or  cooperative  body  in  his  own  name  or  in  the 
name  of  his  spouse  or  any  of  his  dependents,  which 
remains unpaid for more than one year from the due date,  
or has got such loan written off; or 
(o) he or his spouse or any of his dependents has defaulted in  
payment  of  government  dues  and  utility  expenses, 
including telephone, electricity, gas and water charges in  
excess of ten thousand rupees, for over six months, at the  
time of filing his nomination papers; or 
(p) he is for the time being disqualified from being elected or  
chosen as a member of the Majlis-e-Shoora (Parliament) or 
of a Provincial Assembly under any law for the time being  
inforce. 
Explanation.− For the purposes of this paragraph “law”  
shall not include an Ordinance promulgated under Article  
89 or Article 128. 
(2) If  any  question  arises  whether  a  member  of  the  Majlis-e-
Shoora (Parliament) has become disqualified from being a member,  
the Speaker or, as the case may be, the Chairman shall, unless he  
decides that no such question has arisen, refer the question to the  
Election Commission within thirty days and if he fails to do so within  
the aforesaid period it shall be deemed to have been referred to the  
Election Commission. 
(3) The  Election  Commission  shall  decide  the  question  within 
ninety days from its receipt or deemed to have been received and if it  
is of the opinion that the member has become disqualified, he shall  
cease to be a member and his seat shall become vacant.]
1[63A. Disqualification on grounds of defection, etc .− (1) If a  
member of a Parliamentary Party composed of a single political party  
in a House − 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and,  published in the Gazette of Pakistan (Extraordinary), dated:  
20  April  2010,  pp.  267-316,  s.  22.  It  was  earlier  inserted  by  the  Constitution  (Fourteenth 
Amendment) Act, 1997 (XXIV of 1997); assented to by the President on 3 July 1997; and,  
published in the Gazette of Pakistan (Extraordinary), dated: 4 July 1997, pp. 1495-1497, s. 2.
34 | Constitution: (Amendment) Order, 2007
(a) resigns  from  membership  of  his  political  party  or  joins 
another Parliamentary Party; or 
(b) votes or abstains from voting in the House contrary to any  
direction issued by the Parliamentary Party to which he  
belongs, in relation to − 
(i) election of the Prime Minister or the Chief Minister; or 
(ii) a vote of confidence or a vote of no-confidence; or 
(iii) a Money Bill or a Constitution (Amendment) Bill; 
he may be declared in writing by the Party Head to have defected  
from the political party, and the Party Head may forward a copy of the  
declaration  to  the  Presiding  Officer  and  the  Chief  Election  
Commissioner  and  shall  similarly  forward  a  copy  thereof  to  the 
member concerned: 
Provided that before making the declaration, the Party Head shall  
provide such member with an opportunity to show cause as to why  
such declaration may not be made against him. 
Explanation.− “Party Head” means any person, by whatever name 
called, declared as such by the Party. 
(2) A member of a House shall be deemed to be a member of a  
Parliamentary  Party  if  he,  having  been  elected  as  a  candidate  or 
nominee of a political party which constitutes the Parliamentary Party  
in the House or, having been elected otherwise than as a candidate or  
nominee  of  a  political  party,  has  become  a  member  of  such 
Parliamentary Party after such election by means of a declaration in  
writing. 
(3)  Upon receipt of the declaration under clause (1), the Presiding  
Officer of the House shall within two days refer, and in case he fails to  
do so it shall be deemed that he has referred, the declaration to the  
Chief Election Commissioner who shall lay the declaration before the  
Election  Commission  for  its  decision  thereon  confirming  the  
declaration or otherwise within thirty days of its receipt by the Chief  
Election Commissioner. 
(4) Where the Election Commission confirms the declaration, the  
member referred to in clause (1) shall cease to be a member of the  
House and his seat shall become vacant. 
(5) Any  party  aggrieved  by  the  decision  of  the  Election  
Commission may, within thirty days, prefer an appeal to the Supreme  
Court which shall decide the matter within ninety days from the date of  
the filing of the appeal. 
(6) Nothing contained in this Article shall apply to the Chairman or  
Speaker of a House. 
(7) For the purpose of this Article,− 
Constitution: (Amendment) Order, 2007 | 35
(a) "House" means the National Assembly or the Senate, in  
relation to the Federation; and a Provincial Assembly in  
relation to the Province, as the case may be; 
(b) "Presiding  Officer"  means  the  Speaker  of  the  National 
Assembly, the Chairman of the Senate or the Speaker of  
the Provincial Assembly, as the case may be. 
(8) Article 63A substituted as aforesaid shall come into effect from  
the next general elections to be held after the commencement of the  
Constitution (Eighteenth Amendment) Act, 2010: 
Provided that till Article 63A substituted as aforesaid comes into  
effect the provisions of existing Article 63A shall remain operative.]
64. Vacation of seats.− (1)  A  member  of  1[Majlis-e-Shoora 
(Parliament)] may, by writing under his hand addressed to the  
Speaker or, as the case may be, the Chairman resign his seat,  
and thereupon his seat shall become vacant. 
(2) A House may declare the seat of a member vacant if, without  
leave of the House, he remains absent for forty consecutive days of its 
sittings. 
65. Oath of members.− A person elected to a House shall not sit or  
vote until he has made before the House oath in the form set out  
in the Third Schedule. 
66. Privileges of members, etc.−(1)  Subject  to  the  Constitution
and to the rules of procedure of  2[Majlis-e-Shoora (Parliament)],  
there shall be freedom of speech in 3[Majlis-e-Shoora (Parliament)] 
and no member shall be liable to any proceedings in any court in  
respect of anything said or any vote given by him in  4[Majlis-e-
Shoora (Parliament)], and no person shall be so liable in respect  
of the publication by or under the authority  of  5[Majlis-e-Shoora 
(Parliament)] of any report, paper, votes or proceedings. 
(2) In  other respects,  the  powers,  immunities  and  privileges  of 
6[Majlis-e-Shoora (Parliament)], and the immunities and privileges of  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
3Ibid.
4Ibid.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
6Ibid.
36 | Constitution: (Amendment) Order, 2007
the members of 1[Majlis-e-Shoora (Parliament)], shall be such as may  
from time to time be defined by law and, until so defined, shall be such 
as were, immediately before the commencing day, enjoyed by the  
National Assembly of Pakistan and the committees thereof and its  
members. 
(3) Provision  may  be  made  by  law  for  the  punishment,  by  a 
House, of persons who refuse to give evidence or produce documents  
before a committee of the House when duly required by the chairman  
of the committee so to do: 
Provided that any such law − 
(a) may empower a court to punish a person who refuses to  
give evidence or produce documents; and 
(b) shall have effect subject to such Order for safeguarding  
confidential matters from disclosure as may be made by  
the President. 
(4) The provisions of this Article shall apply to persons who have  
the right to speak in, and otherwise to take part in the proceedings of,  
2[Majlis-e-Shoora (Parliament)] as they apply to members. 
(5) In this Article, “ 3[Majlis-e-Shoora (Parliament)]” means either  
House or a joint sitting, or a committee thereof.
Procedure Generally
67. Rules of Procedure, etc.− (1)  Subject  to  the  Constitution,  a 
House  may  make  rules4 for  regulating  its  procedure  and  the 
conduct  of  its  business,  and  shall  have  power  to  act  
notwithstanding any vacancy in the membership thereof, and any  
proceedings in the House shall not be invalid on the ground that  
some  persons  who  were  not  entitled  to  do  so  sat,  voted  or 
otherwise took part in the proceedings. 
(2) Until  rules  are  made  under  clause  (1),  the  procedure  and 
conduct of business in a House shall be regulated by the rules of  
procedure made by the President. 
1Ibid.
2Ibid.
3Ibid.
4For the Rules of Procedure and Conduct of Business in the Senate 2012,  see  Gazette of  
Pakistan (Extraordinary), Part-II, dated: 2 April 2012, pp.1203-1289: the rules have from time to  
time been amended. For the Rules of Procedure and Conduct of Business in the National  
Assembly, 2007, see Gazette of Pakistan (Extraordinary), Part-II, dated: 7 April 2007, pp.1137-
1222: the rules have from time to time been amended. 
Constitution: (Amendment) Order, 2007 | 37
68. Restriction  on  discussion  in  1[Majlis-e-Shoora 
(Parliament)].− No  discussion  shall  take  place  in  2[Majlis-e-
Shoora (Parliament)] with respect to the conduct of any Judge of  
the Supreme Court or of a High Court in the discharge of his  
duties. 
69. Courts  not  to  inquire  into  proceedings  of  3[Majlis-e-
Shoora (Parliament) ].− (1) The validity of any proceedings in  
4[Majlis-e-Shoora (Parliament)] shall not be called in question on  
the ground of any irregularity of procedure. 
(2) No  officer  or  member  of  5[Majlis-e-Shoora  (Parliament)]  in 
whom powers are vested by or under the Constitution  for regulating  
procedure  or  the  conduct  of  business,  or  for  maintaining  order  in 6[Majlis-e-Shoora (Parliament)], shall be subject to the jurisdiction of  
any court in respect of the exercise by him of those powers.
(3) In this Article, “ 7[Majlis-e-Shoora (Parliament)]” has the same  
meaning as in Article 66.
Legislative Procedure
 8[70. Introduction and passing of Bills .− (1) A Bill with respect to  
any  matter  in  the  Federal  Legislative  List  may  originate  in  either 
House and shall, if it is passed by the House in which it originated, be  
transmitted  to  the  other  House;  and,  if  the  Bill  is  passed  without 
amendment by the other House  also, it shall  be presented to the  
President for assent. 
(2) If a Bill transmitted to a House under clause (1) is passed with  
amendments it shall be sent back to the House in which it originated  
and if that House passes the Bill with those amendments it shall be  
presented to the President for assent. 
(3) If a Bill transmitted to a House under clause (1) is rejected or is 
not passed within ninety days of its laying in the House or a Bill sent to 
a House under clause (2) with amendments is not passed by that  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
3Ibid.
4Ibid.
5Ibid.
6Ibid. 
7Ibid.
8Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 23.
38 | Constitution: (Amendment) Order, 2007
House with such amendments, the Bill, at the request of the House in  
which it originated, shall be considered in a joint sitting and if passed  
by the votes of the majority of the members present and voting in the  
joint sitting it shall be presented to the President for assent. 
(4) In  this  Article  and  the  succeeding  provisions  of  the  
Constitution, “Federal Legislative List” means the Federal Legislative  
List in the Fourth Schedule.]
   1[71. Mediation Committee.− * * * *         ]
72. Procedure  at  joint  sittings .− (1)  The  President,  after  
consultation with the Speaker of the National Assembly and the  
Chairman, may make rules2 as to the procedure with respect to the 
joint sittings of, and communications between, the two Houses.
(2) At a joint sitting, the Speaker of the National Assembly or, in  
his absence, such person as may be determined by the rules made  
under clause (1), shall preside. 
(3) The rules made under clause (1) shall be laid before a joint  
sitting and may be added to, varied, amended or replaced at a joint  
sitting. 
(4) Subject to the Constitution , all decisions at a joint sitting shall  
be taken by the votes of the majority of the members present and  
voting. 
73. Procedure  with  respect  to  Money  Bills .− 3[(1) 
Notwithstanding  anything  contained  in  Article  70,  a  Money  Bill 
shall originate in the National Assembly: 
Provided  that  simultaneously  when  a  Money  Bill,  including  the 
Finance Bill containing the Annual Budget Statement, is presented in  
the  National  Assembly,  a copy thereof shall  be  transmitted  to the 
Senate  which  may,  within  fourteen  days,  make  recommendations 
thereon to the National Assembly.]
4[(1A) The National Assembly shall consider the recommendations of 
the Senate and after the Bill has been passed by the Assembly with or  
1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 24.  It was earlier added by the Legal Framework Order, 2002 (Chief  
Executive’s Order No. 24 of 2002), published in the Gazette of Pakistan (Extraordinary), dated:  
21 August  2002,  pp.1031-1049, Article  10. The said Order  was declared  as without  lawful 
authority and of no legal effect by Article 270AA of the Constitution.
2For the Parliament (Joint Sitting), Rules 1973, see Gazette of Pakistan (Extraordinary), Part-II,  
dated: 8 August 1973, pp.1657-1672.
3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 25.
4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 25.
Constitution: (Amendment) Order, 2007 | 39
without incorporating the recommendations of the Senate, it shall be  
presented to the President for assent.]
(2) For the purpose of this Chapter, a Bill or amendment shall be  
deemed to be a Money Bill if it contains provisions dealing with all or  
any of the following matters, namely: − 
(a) the imposition, abolition, remission, alteration or regulation  
of any tax; 
(b) the borrowing of money, or the giving of any guarantee, by  
the  Federal  Government,  or  the  amendment  of  the  law 
relating to the financial obligations of that Government; 
(c) the custody of the Federal Consolidated Fund, the payment 
of moneys into, or the issue of moneys from, that Fund; 
(d) the imposition of a charge upon the Federal Consolidated  
Fund, or the abolition or alteration of any such charge; 
(e) the receipt of moneys on account of the Public Account of  
the Federation, the custody or issue of such moneys; 
(f) the audit of the accounts of the Federal Government or a  
Provincial Government; and 
(g) any matter incidental to any of the matters specified in the  
preceding paragraphs.
(3) A Bill shall not be deemed to be a Money Bill by reason only  
that it provides − 
(a) for  the  imposition  or  alteration  of  any  fine  or  other 
pecuniary  penalty,  or  for  the  demand  or  payment  of  a 
licence fee or a fee or charge for any service rendered; or 
(b) for  the  imposition,  abolition,  remission,  alteration  or 
regulation of any tax by any local authority  or body for local 
purposes. 
(4) If any question arises whether a Bill is a Money Bill or not, the  
decision of the Speaker of the National Assembly thereon shall be  
final. 
(5) Every Money Bill presented to the President for assent shall  
bear  a  certificate  under  the  hand  of  the  Speaker  of  the  National 
Assembly  that  it  is  a  Money  Bill,  and  such  certificate  shall  be 
conclusive for all purposes and shall not be called in question. 
74. Federal  Government's  consent  required  for  financial  
measures.− A  Money  Bill,  or  a  Bill  or  amendment  which  if 
enacted  and  brought  into  operation  would  involve  expenditure 
from the Federal Consolidated Fund or withdrawal from the Public  
Account of the Federation or affect the coinage or currency of  
Pakistan  or  the  constitution  or  functions  of  the  State  Bank  of 
40 | Constitution: (Amendment) Order, 2007
Pakistan  shall  not  be  introduced  or moved  in  1[Majlis-e-Shoora 
(Parliament)]  except  by  or  with  the  consent  of  the  Federal 
Government. 
  2[75. President's assent to Bills .− (1) When a Bill is presented to  
the President for assent, the President shall, within 3[ten] days,−
(a) assent to the Bill; or 
(b) in the case of a Bill other than a Money Bill, return the Bill  
to  the  Majlis-e-Shoora  (Parliament)  with  a  message 
requesting that the Bill or any specified provision thereof,  
be reconsidered and that any amendment specified in the  
message be considered. 
4[(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 give  his assent within  ten days, failing  which  such 
assent shall be deemed to have been given.]
(3) When  the  President  has  assented  5[or  is  deemed  to  have 
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.] 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted ibid, item 19.
3Substituted for the word “thirty” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s.26. The word “forty-five” was substituted by  
the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the President on  
9  November  1985;  and,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  dated:  11 
November 1985, pp. 403-410, s. 8.
4Substituted  ibid. It was earlier substituted by the Constitution (Eighth Amendment) Act, 1985  
(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 8.
5Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 26. 
Constitution: (Amendment) Order, 2007 | 41
76. Bill not to lapse on prorogation, etc .− (1) A Bill pending in  
either House shall not lapse by reason of the prorogation of the  
House. 
(2) A Bill pending in the Senate which has not been passed by the  
National Assembly shall not lapse on the dissolution of the National  
Assembly. 
(3) A Bill pending in the National Assembly, or a Bill which having  
been passed by the National Assembly is pending in the Senate, shall  
lapse on the dissolution of the National Assembly. 
77. Tax to be levied by law only .− No tax shall be levied for the  
purposes of the Federation except by or under the authority  of Act 
of 1[Majlis-e-Shoora (Parliament)]. 
Financial Procedure
78. Federal Consolidated Fund and Public Account .− (1) All  
revenues received by the Federal Government, all loans raised by  
that Government and all moneys received by it in repayment of  
any loan, shall form part of a consolidated fund, to be known as  
the Federal Consolidated Fund. 
(2) All other moneys − 
(a) received by or on behalf of the Federal Government; or 
(b) received by or deposited with the Supreme Court or any  
other  court  established  under  the  authority of  the  
Federation; 
shall be credited to the Public Account of the Federation.
79. Custody, etc., of Federal Consolidated Fund and Public  
Account.− The custody of the Federal Consolidated Fund, the  
payment  of  moneys  into  that  Fund,  the  withdrawal  of  moneys 
therefrom, the custody of other moneys received by or on behalf of 
the Federal Government, their payment into, and withdrawal from,  
the Public Account of the Federation, and all matters connected  
with or ancillary to the matters aforesaid shall be regulated by Act  
of 2[Majlis-e-Shoora (Parliament)] or, until provision in that behalf is 
so made, by rules made by the President. 
80. Annual Budget Statement.− (1) The Federal Government shall, 
in  respect of every financial  year, cause to be  laid  before the  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
42 | Constitution: (Amendment) Order, 2007
National  Assembly  a  statement  of  the  estimated  receipts  and 
expenditure of the Federal Government for that year, in this Part  
referred to as the Annual Budget Statement. 
(2) The Annual Budget Statement shall show separately − 
(a) the sums required to meet expenditure described by the  
Constitution as  expenditure  charged  upon  the  Federal 
Consolidated Fund; and 
(b) the sums required to meet other expenditure proposed to  
be made from the Federal Consolidated Fund; and shall  
distinguish  expenditure  on  revenue  account  from  other 
expenditure. 
81. Expenditure charged upon Federal Consolidated Fund .− 
The following expenditure shall be expenditure charged upon the  
Federal Consolidated Fund:− 
(a) the  remuneration  payable  to  the  President  and  other 
expenditure  relating  to  his  office,  and  the  remuneration 
payable to −  
(i) the Judges of the Supreme Court 1[and the Islamabad  
High Court];
(ii) the Chief Election Commissioner;
(iii) the Chairman and the Deputy Chairman;
(iv) the Speaker and the Deputy Speaker of the National  
Assembly;
(v) the Auditor-General;
 2[(b) the  administrative  expenses,  including  the  remuneration 
payable to officers and  3[staff], of the Supreme Court, the  
Islamabad  High  Court,  the  department  of  the  Auditor-
General,  the Office of the Chief Election Commissioner  
and of the Election Commission and the Secretariats of the  
Senate and the National Assembly;]
(c) all  debt  charges  for  which  the  Federal  Government  is 
liable,  including  interest,  sinking  fund  charges,  the  
repayment or amortisation of capital, and other expenditure 
1Added by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the  
President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4  
January 2011, pp. 1-4, s. 2.
2Substituted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by  
the President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 2011, pp. 1-4, s. 2.
3Substituted for the word “servants” by the Constitution  (Twenty-second Amendment) Act, 2016  
(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 2. 
Constitution: (Amendment) Order, 2007 | 43
in connection with the raising of loans, and the service and  
redemption  of  debt  on  the  security  of  the  Federal 
Consolidated Fund; 
(d) any  sums  required  to  satisfy  any  judgment,  decree  or 
award against Pakistan by any court or tribunal; and 
(e) any other sums declared by the Constitution  or by Act of  
1[Majlis-e-Shoora (Parliament)] to be so charged. 
82. Procedure relating to Annual Budget Statement .− (1) So  
much of the Annual Budget Statement as relates to expenditure  
charged upon the Federal Consolidated Fund may be discussed  
in,  but  shall  not  be  submitted  to  the  vote  of,  the  National 
Assembly.
(2) So much of the Annual Budget Statement as relates to other  
expenditure shall be submitted to the National Assembly in the form of  
demands for grants, and the Assembly shall have power to assent to,  
or to refuse to assent to, any demand, or to assent to any demand  
subject to a reduction of the amount specified therein:
Provided that, for a period of ten years from the commencing day  
or  the  holding  of  the  second  general  election  to  the  National 
Assembly, whichever occurs later, a demand shall be deemed to have  
been  assented  to  without  any  reduction  of  the  amount  specified 
therein, unless, by the votes of a majority of the total membership of  
the Assembly, it is refused or assented to subject to a reduction of the  
amount specified therein.
(3) No  demand  for  a  grant  shall  be  made  except  on  the 
recommendation of the Federal Government. 
83. Authentication of schedule of authorised expenditure .− 
(1)  The  Prime  Minister  shall  authenticate  by  his  signature  a 
schedule specifying − 
(a) the grants made or deemed to have been made by the  
National Assembly under Article 82, and 
(b) the several sums required to meet the expenditure charged 
upon the Federal Consolidated Fund but not exceeding, in  
the  case  of  any  sum,  the sum  shown  in  the  statement 
previously laid before the National Assembly.
(2) The schedule so authenticated shall be laid before the National 
Assembly, but shall not be open to discussion or vote thereon. 
(3) Subject to the Constitution , no expenditure from the Federal  
Consolidated Fund shall be deemed to be duly authorised unless it is  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
44 | Constitution: (Amendment) Order, 2007
specified in the schedule so authenticated and such schedule is laid  
before the National Assembly as required by clause (2). 
84. Supplementary  and  excess  grants .− If  in  respect  of  any 
financial year it is found − 
(a) that the amount authorized to be expended for a particular  
service for the current financial year is insufficient, or that a  
need has arisen for expenditure upon some new service  
not included in the Annual Budget Statement for that year;  
or 
(b) that any money has been spent on any service during a  
financial  year  in  excess  of  the  amount  granted  for  that 
service for that year; 
the Federal Government shall have power to authorize expenditure  
from  the  Federal  Consolidated  Fund,  whether  the  expenditure  is 
charged by the Constitution  upon that Fund or not, and shall cause to  
be  laid  before  the  National  Assembly  a  Supplementary  Budget 
Statement or, as the case may be, an Excess Budget Statement,  
setting  out  the  amount  of  that  expenditure,  and  the  provisions  of 
Articles 80 to 83 shall apply to those statements as they apply to the  
Annual Budget Statement. 
85. Votes on account .− Notwithstanding anything contained in the  
foregoing  provisions  relating  to  financial  matters,  the  National 
Assembly  shall  have  power  to  make  any  grant  in  advance  in 
respect of the estimated expenditure for a part of any financial  
year,  not  exceeding  four  months,  pending  completion  of  the 
procedure prescribed in Article 82 for the voting of such grant and  
the authentication  of the schedule  of authorized expenditure in  
accordance  with  the  provisions  of  Article  83  in  relation  to  the 
expenditure. 
86. Power to authorize expenditure when Assembly stands  
dissolved.− Notwithstanding anything contained in the foregoing  
provisions  relating  to  financial  matters,  at  any  time  when  the 
National Assembly stands dissolved, the Federal Government may 
authorize  expenditure  from  the  Federal  Consolidated  Fund  in 
respect of the estimated expenditure for a period not exceeding  
four  months  in  any  financial  year,  pending  completion  of  the 
procedure prescribed in Article 82 for the voting of grants and the  
authentication  of  the  schedule  of  authorized  expenditure  in 
accordance  with  the  provisions  of  Article  83  in  relation  to  the 
expenditure. 
Constitution: (Amendment) Order, 2007 | 45
87. Secretariats 1[of] 2[Majlis-e-Shoora (Parliament)].− (1) Each  
House shall have a separate Secretariat: 
Provided  that  nothing  in  this  clause  shall  be  construed  as 
preventing the creation of posts common to both Houses.
(2) 3[Majlis-e-Shoora  (Parliament)]  may  by  law  regulate  the 
recruitment and the conditions of service of persons appointed to the  
secretarial staff of either House. 
(3) Until  provision  is  made  by  4[Majlis-e-Shoora  (Parliament)] 
under clause (2), the Speaker or, as the case may be, the Chairman  
may, with the approval of the President, make rules 5 regulating the  
recruitment, and the conditions of service, of persons appointed to the  
secretarial staff of the National Assembly or the Senate. 
88. Finance  Committees.− (1)  The  expenditure  of  the  National 
Assembly and the Senate within authorised appropriations shall be 
controlled by the National Assembly or, as the case may be, the  
Senate acting on the advice of its Finance Committee. 
(2) The Finance Committee shall consist of the Speaker or, as the  
case may be, the Chairman, the Minister of Finance and such other  
members as may be elected thereto by the National Assembly or, as  
the case may be, the Senate. 
(3) The  Finance  Committee  may  make  rules6 for  regulating  its 
procedure.
Ordinances
89. Power of President to promulgate Ordinances .− (1) The  
President may, except when the 7[Senate or] National Assembly is  
in  session,  if satisfied  that circumstances  exist  which  render  it 
1The word “of” inserted for purposes of editing.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Ibid.
4Ibid.
5For the National Assembly Secretariat (Recruitment) Rules, 1973, see the Gazette of Pakistan  
(Extraordinary),  Part-II,  dated:  7  October  1973,  pp.2279-2286.  For  the  Senate  Secretariat 
(Recruitment)  Rules,  1973,  see the  Gazette  of  Pakistan  (Extraordinary),  Part-II,  dated:  7 
November 1973, pp.2301-2307.
6For the National Assembly (Finance Committee) Rules, 1973,  see the Gazette of Pakistan  
(Extraordinary),  Part-II,  date:  8  December  1973,  pp.2451-2454.  For  the  Senate  (Finance 
Committee)  Rules,  1973,  see  the  Gazette  of  Pakistan  (Extraordinary),  Part-II,  dated:  15 
December 1973, pp.2479-2482.
7Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 27.
46 | Constitution: (Amendment) Order, 2007
necessary  to  take  immediate  action,  make  and  promulgate  an 
Ordinance as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the  
same force and effect as an Act of  1[Majlis-e-Shoora (Parliament)] and 
shall be subject to like restrictions as the power of  2[Majlis-e-Shoora 
(Parliament)] to make law, but every such Ordinance − 
(a) shall be laid − 
(i) before the National Assembly if it 3[contains provisions 
dealing with all or any of the matters specified in clause  
(2)  of  Article  73],  and  shall  stand  repealed  at  the 
expiration of  4[one hundred and twenty days] from its  
promulgation or, if before the expiration of that period a  
resolution disapproving it is passed by the Assembly,  
upon the passing of that resolution 5[:]
6[Provided  that  the  National  Assembly  may  by  a 
resolution extend the Ordinance for a further period of  
one  hundred  and  twenty  days  and  it  shall  stand 
repealed at the expiration of the extended period, or if  
before  the  expiration  of  that  period  a  resolution 
disapproving it is passed by the Assembly, upon the  
passing of that resolution: 
Provided  further  that  extension  for  further  period 
may be made only once.]
(ii) before both Houses if it  7[does not contain provisions  
dealing  with  any  of  the  matters  referred  to  in  sub-
paragraph  (i)],  and  shall  stand  repealed  at  the 
expiration of  8[one hundred and twenty days] from its  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
3Substituted for the expression “is with respect to a mater in Part I of the Federal Legislative List”  
by the Constitution (Second Amendment) Order,1985 (20 of 1985), published in the Gazette of  
Pakistan (Extraordinary), dated: 17 March 1985, pp. 181-183, Article 2: the Order was saved  
under Article 270A of the Constitution.
4Substituted for the words “four months” by the Constitution  (Eighteenth Amendment) Act, 2010  
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 27.
5Substituted ibid, for the “semi-colon”.
6Inserted ibid.
7Substituted for the expression “is with respect to a mater in Part II of the Federal Legislative List  
or a matter in the Concurrent Legislative List” by the Constitution  (Second Amendment) Order,  
1985 (20 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985,  
pp. 181-183, Article 2: the Order was saved under Article 270A of the Constitution.
8Substituted for the words “four months” by the Constitution  (Eighteenth Amendment) Act, 2010  
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 27.
Constitution: (Amendment) Order, 2007 | 47
promulgation or, if before the expiration of that period a  
resolution disapproving it is passed by either House,  
upon the passing of that resolution 1[:]
2[Provided  that either House may by a resolution  
extend it for a further period of one hundred and twenty  
days and it shall stand repealed at the expiration of the  
extended  period,  or  if  before  the  expiration  of  that 
period  a  resolution  disapproving  it  is  passed  by  a 
House, upon the passing of that resolution: 
Provided further that extension for a further period  
may be made only once.]
(b) may be withdrawn at any time by the President.
3[(3) Without prejudice to the provisions of clause (2),−  
(a) an Ordinance laid before the National Assembly under sub-
paragraph  (i)  of  paragraph  (a)  of  clause  (2)  shall  be 
deemed to be a Bill introduced in the National Assembly;  
and 
(b) an  Ordinance  laid  before  both  Houses  under  sub-
paragraph  (ii)  of  paragraph  (a)  of  clause  (2)  shall  be 
deemed to be a Bill introduced in the House where it was  
first laid.]
Chapter 3
Federal Government
  4[90. The Federal Government.− (1) Subject to the Constitution, the 
executive authority of the Federation shall be exercised in the name of 
the President by the Federal Government, consisting of the Prime  
Minister and the Federal Ministers, which shall act through the Prime  
Minister, who shall be the chief executive of the Federation. 
(2) In the performance of his functions under the Constitution , the 
Prime Minster may act either directly or through the Federal Ministers.]
1Substituted ibid, for the expression “; and”.
2Inserted ibid.  
3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 27.
4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 28. It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 20: the Order came  
into force on 2 March 1985 and was saved under Article 270A of the Constitution.
The
48 | Constitution: (Amendment) Order, 2007
   1[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  National  Assembly  shall  meet  on  the  twenty-first  day 
following the day on which a general election to the Assembly is held,  
unless sooner summoned by the President. 
(3) After the election of the Speaker and the Deputy Speaker, the  
National  Assembly  shall,  to  the  exclusion  of  any  other  business, 
proceed to elect without debate one of its Muslim members to be the  
Prime Minister. 
(4) The Prime Minister shall be elected by the votes of the majority 
of the total membership of the National Assembly: 
Provided that, if no member secures such majority in the first poll, a  
second poll shall be held between the members who secure the two  
highest numbers of votes in the first poll and the member who secures  
a  majority  of  votes  of  the  members  present  and  voting  shall  be 
declared to have been elected as Prime Minister: 
Provided further that, if the number of votes secured by two or  
more members securing the highest number of votes is equal, further  
poll shall be held between them until one of them secures a majority of 
votes of the members present and voting. 
(5) The member elected under clause (4) shall be called upon by  
the President to assume the office of Prime Minister and he shall,  
before entering upon the office, make before the President oath in the  
form set out in the Third Schedule: 
Provided that there shall be no restriction on the number of terms  
for the office of the Prime Minister. 
(6) The  Cabinet,  together  with  the  Ministers  of  State,  shall  be 
collectively responsible to the Senate and the National Assembly. 
(7) The Prime Minister shall hold office during the pleasure of the  
President, but the President shall not exercise his powers under this  
clause  unless  he  is  satisfied  that  the  Prime  Minister  does  not 
command  the  confidence  of  the  majority  of  the  members  of  the 
National  Assembly,  in  which  case  he  shall  summon  the  National 
Assembly  and  require  the  Prime  Minister  to  obtain  a  vote  of 
confidence from the Assembly. 
(8) The Prime Minister may, by writing under his hand addressed  
to the President, resign his office. 
(9) A Minister who for any period of six consecutive months is not  
a member of the National Assembly shall, at the expiration of that  
period, cease to be a Minister and shall not before the dissolution of  
1Ibid, s. 29.
Constitution: (Amendment) Order, 2007 | 49
that Assembly be again appointed a Minister unless he is elected a  
member of that Assembly: 
Provided  that nothing contained in this clause shall  apply  to a  
Minister who is member of the Senate. 
(10)  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 a Minister of State  
during any such period.] 
   1[92. Federal Ministers and Ministers of State .− (1) Subject to  
clauses  2[(9)  and  (10)]  of  Article  91,  the  President  shall  appoint 
Federal Ministers and Ministers of State from amongst the members  
of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister: 
Provided that the number of Federal Ministers and Ministers of State  
who are members of the Senate shall not at any time exceed one-
fourth of the number of Federal Ministers 3[:]
4[Provided further that the total strength of the Cabinet, including  
Ministers  of  State,  shall  not  exceed  eleven  percent  of  the  total 
membership of Majlis-e-Shoora (Parliament): 
Provided  also  that  the  aforesaid  amendment  shall  be  effective 
from the next general election held after the commencement of the  
Constitution (Eighteenth Amendment) Act, 2010.]
(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.]
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article  
2 read with the Schedule, item 20: the Order came into force on 2 March 1985 and  was saved 
under Article 270A of the Constitution.
2Substituted for the expression “(7) and (8)” by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and,  published in the Gazette  
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 30.
3Substituted ibid, for the “full-stop”.
4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and,  published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 30.
50 | Constitution: (Amendment) Order, 2007
1[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.]
   2[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.]
   3[95. Vote of no-confidence against Prime Minister .− (1) A  
resolution for a vote of no-confidence moved by not less than twenty  
per centum of the total membership of the National Assembly may be  
passed against the Prime Minister by the National Assembly. 
(2) A resolution referred to in clause (1) shall not be voted upon  
before the expiration of three days, or later than seven days, from the  
day on which such resolution is moved in the National Assembly. 
(3) A resolution referred to in clause (1) shall not be moved in the  
National  Assembly  while  the  National  Assembly  is  considering 
demands for grants submitted to it in the Annual Budget Statement. 
(4) If the resolution referred to in clause (1) is passed by a majority 
of the total membership of the National Assembly, the Prime Minister  
shall cease to hold office.]
  4[96. Vote of no-confidence against Prime Minister.− *      *  ]
  5[96A. Referendum as to confidence in Prime Minister. − *    *    ]
97. Extent of executive authority  of Federation.− Subject to the  
Constitution, the executive authority of the Federation shall extend  
to the matters with respect to which 6[Majlis-e-Shoora (Parliament)] 
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 20: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
2Ibid.
3Ibid.
4Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 20: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
5Inserted by the Constitution (Seventh Amendment) Act, 1977 (XXIII of 1977); assented to by the 
President  on  16  May  1977;  and,  published  the  same  day  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 16 May 1977, pp. 254-255, s. 2; however, it ceased to have effect on the  
thirtieth day of September 1977 by virtue of the sunset clause contained in subsection (3) of  
section 1 of the said Act.
6Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227 Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 51
has power to make laws, including exercise of rights, authority and  
jurisdiction in and in relation to areas outside Pakistan: 
Provided  that  the  said  authority shall  not,  save  as  expressly 
provided in the Constitution  or in any law made by 1[Majlis-e-Shoora 
(Parliament)], extend in any Province to a matter with respect to which  
the Provincial Assembly has also power to make laws.
98. Conferring of functions on subordinate authorities .− On  
the recommendation of the Federal Government, 2[Majlis-e-Shoora 
(Parliament)]  may  by  law  confer  functions  upon  officers  or 
authorities subordinate to the Federal Government. 
   3[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 4[Federal Government] shall by rules specify the manner in 
which orders and other instruments made and executed 5[in the name 
of the President] shall be authenticated, and the validity of any order 
or instrument so authenticated shall not be questioned in any court on  
the ground that it was not made or executed by the President. 
6[(3)  The  Federal  Government  shall  also  make  rules  for  the 
allocation and transaction of its business.]]
100. Attorney-General for Pakistan.−(1)  The  President  shall 
appoint  a  person,  being  a  person  qualified  to  be  appointed  a 
Judge  of  the  Supreme  Court,  to  be  the  Attorney-General  for 
Pakistan. 
(2) The Attorney-General shall hold office during the pleasure of  
the President 7[and shall not engage in private practice so long as he  
holds the office of the Attorney-General].
(3) It shall be the duty of the Attorney-General to give advice to  
the Federal Government upon such legal matters, and to perform such 
other duties of a legal character as may be referred or assigned to him 
1Ibid. 
2Ibid.
3Substituted ibid, item 21.
4Substituted for the word “President” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated:  20 April 2010, pp. 267-316, s. 31.
5Substituted ibid, for the words “in his name”.
6Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 31.
7Added ibid, s. 32.
52 | Constitution: (Amendment) Order, 2007
by the Federal Government, and in the performance of his duties he  
shall have the right of audience in all courts and tribunals in Pakistan. 
(4) The  Attorney-General  may,  by  writing  under  his  hand 
addressed to the President, resign his office.
PART IV
Provinces
Chapter 1
    Governors
101. Appointment of Governor.− 1[(1) There shall be a Governor 
for each Province, who shall be appointed by the President on the  
advice of the Prime Minister.]
(2) A  person  shall  not  be  appointed  a  Governor  unless  he  is 
qualified to be elected as member of the National Assembly and is not  
less  than  thirty-five  years  of  age   2[and  is  a  registered  voter  and 
resident of the Province concerned] 3[:]
4[  * * * * * *   ]
     5[2A *      * * * * *   ]
(3) The  Governor  shall  hold  office  during  the  pleasure  of  the 
President  6[and  shall  be  entitled  to  such  salary,  allowances  and 
privileges as the President may determine]. 
(4) The Governor may, by writing under his hand addressed to the  
President, resign his office. 
1Substituted ibid, s. 33.
2Added ibid.
3Substituted for the “full-stop” by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976);  
assented to by the President on 13 September 1976; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 15 September 1976, pp. 511-515, s. 2.
4Proviso omitted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to  
by the President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), 
dated: 11 November 1985, pp. 403-410, s. 11. It was earlier added by the Constitution (Fifth  
Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13 September 1976; and, 
published in the Gazette of Pakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 2.
5Omitted  ibid. It was earlier added by the Constitution (Fifth Amendment) Act, 1976 (LXII of  
1976); assented to by the President on 13 September 1976; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 15 September, 1976, pp. 511-515, s. 2.
6Added by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 6.
The
Constitution: (Amendment) Order, 2007 | 53
1[(5) The President may make such provision as he thinks fit for the  
discharge  of  the  functions  of  a  Governor  2[in any  contingency  not 
provided for in this Part].]
102. Oath of office .− Before entering upon office, the Governor  
shall make before the Chief Justice of the High Court oath in the  
form set out in the Third Schedule. 
103. Conditions of Governor's office .− (1) The Governor shall  
not hold any office of profit in the service of Pakistan or occupy  
any  other  position  carrying  the  right  to  remuneration  for  the 
rendering of services. 
(2) The  Governor  shall  not  be  a  candidate  for  election  as  a 
member of  3[Majlis-e-Shoora (Parliament)] or a Provincial Assembly  
and, if a member of  4[Majlis-e-Shoora (Parliament)] or a Provincial  
Assembly  is  appointed  as  Governor,  his  seat  in  5[Majlis-e-Shoora 
(Parliament)] or, as the case may be, the Provincial Assembly shall  
become vacant on the day he enters upon his office.
    6[104. Speaker Provincial Assembly to act as, or perform  
functions of Governor in his absence .− When the Governor, by  
reason of absence from Pakistan or for any other cause, is unable to  
perform his functions, the Speaker of the Provincial Assembly and in  
his absence any other person as the President may nominate shall  
perform  the  functions  of  Governor  until  the  Governor  returns  to 
Pakistan or, as the case may be, resumes his functions.]
    7[105. Governor  to  act  on  advice,  etc.− (1)  Subject  to  the 
Constitution, in the performance of his functions, the Governor shall  
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 22: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
2Added by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the  
President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 
11 November 1985, pp. 403-410, s. 11.
3Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
4Ibid.
5Ibid.
6Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 34.
7Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 23: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
54 | Constitution: (Amendment) Order, 2007
act  1[on and] in accordance with the advice of the Cabinet  2[or the  
Chief Minister]:
3[Provided that 4[within fifteen days] 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  5[, 
within ten days,] act in accordance with the advice tendered after such  
reconsideration.]
6[* * * * * * *   ]
(2) The  question  whether  any,  and  if  so  what,  advice  was 
tendered to the Governor by the Chief Minister 7[or the Cabinet] shall  
not be inquired into in, or by, any court, tribunal or other authority. 
 8[(3) Where  the  Governor  dissolves  the  Provincial  Assembly, 
notwithstanding anything contained in clause (1), he shall,− 
(a) appoint a date, not later than ninety days from the date of  
dissolution,  for  the  holding  of  a  general  election  to  the 
Assembly; and
(b) appoint a care-taker Cabinet.]
 9[(4) * * * * * *   ]
(5) The provisions of clause 10[(2)] of Article 48 shall have effect in  
relation  to  a  Governor  as  if  reference  therein  to  "President"  were 
reference to "Governor".]
Chapter 2
Provincial Assemblies
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 35.
2Substituted for the expression “, Chief Minister or appropriate Minister” by the Constitution
(Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the President on 9 November  
1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November 1985, pp.  
403-410, s. 12.
3Substituted ibid.
4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 35.
5Ibid.
6Second proviso was omitted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985);  
assented to by the President on 9 November 1985; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 11 November 1985, pp. 403-410, s. 12.
7Substituted ibid, for the expression “, the Cabinet or a Minister”.
8Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 35.
9Omitted ibid.
10Substituted for the brackets and figures “(3)” by the Constitution (Eighth Amendment) Act, 1985 
(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 12.
Constitution: (Amendment) Order, 2007 | 55
    11[106.  Constitution of  Provincial  Assemblies .− (1)  Each 
Provincial Assembly shall consist of general seats and seats reserved  
for women and non-Muslims as specified herein below.−
General Seats Women Non-
Muslims
Total
Balochistan 51 11 3 65
Khyber 
Pakhtunkhwa 
99 22 3 124
Punjab 297 66 8 371
Sindh 130 29 9 168
(2) A person shall be entitled to vote if − 
(a) he is a citizen of Pakistan; 
(b) he is not less than eighteen years of age; 
(c) his name appears on the electoral roll for any area in the  
Province; and 
(d) he is not declared by a competent court to be of unsound  
mind.
(3) For the purpose of election to a Provincial Assembly,− 
(a) the  constituencies  for  the  general  seats  shall  be  single 
member territorial constituencies and the members to fill  
such seats shall be elected by direct and free vote; 
(b) each Province shall be a single constituency for all seats  
reserved  for  women  and  non-Muslims  allocated  to  the 
respective Provinces under clause (1); 
(c) the members to fill seats reserved for women and non-
Muslims allocated to a Province under clause (1) shall be  
elected  in  accordance  with  law  through  proportional 
representation system of political parties' lists of candidates 
on the basis of the total number of general seats secured  
by each political party in the Provincial Assembly: 
Provided that for the purpose of this sub-clause, the total  
number  of  general  seats  won  by  a  political  party  shall 
include the independent returned candidate or candidates  
who may duly join such political party within three days of  
the publication in the official Gazette of the names of the  
returned candidates.]
107. Duration of Provincial Assembly .− A Provincial Assembly  
shall, unless sooner dissolved, continue for a term of five years  
11Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s.36: it came into force on 21 August 2002.
56 | Constitution: (Amendment) Order, 2007
from the day of its first meeting and shall stand dissolved at the  
expiration of its term. 
108. Speaker and Deputy Speaker.− After a general election, a  
Provincial Assembly shall, at its first meeting and to the exclusion  
of any other business, elect from amongst its members a Speaker  
and a Deputy Speaker and, so often as the office of Speaker or  
Deputy  Speaker  becomes  vacant,  the  Assembly  shall  elect 
another  member  as  Speaker  or,  as  the  case  may  be,  Deputy 
Speaker. 
109. Summoning and prorogation of Provincial Assembly.− 
The Governor may from time to time − 
(a) summon the Provincial Assembly to meet at such time and  
place as he thinks fit; and
(b) prorogue the Provincial Assembly.
110. Right of Governor to address Provincial Assembly .− 
The Governor may address the Provincial Assembly and may for  
that purpose require the attendance of the members. 
111. Right to speak in Provincial Assembly .− The Advocate-
General shall have the right to speak and otherwise take part in  
the  proceedings  of  the  Provincial  Assembly  or  any  committee 
thereof of which he may be named a member, but shall not by  
virtue of this Article be entitled to vote. 
    1[112. Dissolution of Provincial Assembly .− (1) The Governor  
shall  dissolve  the  Provincial  Assembly  if  so  advised  by  the  Chief 
Minister; and the Provincial Assembly shall, unless sooner dissolved,  
stand dissolved at the expiration of forty-eight hours after the Chief  
Minister has so advised. 
Explanation.− Reference in this Article to ‘Chief Minister’ shall not  
be construed to include reference to a Chief Minister against whom a  
notice of a resolution for a vote of no-confidence has been given in the 
Provincial Assembly but has not been voted upon or against whom a  
resolution for a vote of no-confidence has been passed. 
(2) The Governor may also dissolve the Provincial Assembly in his 
discretion, but subject to the previous approval of the President, where 
a  vote  of  no-confidence  having  been  passed  against  the  Chief 
Minister, no other member of the Provincial Assembly commands the  
confidence of the majority of the members of the Provincial Assembly  
in accordance with the provisions of the Constitution, as ascertained in 
a session of the Provincial Assembly summoned for the purpose.] 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 37.
Constitution: (Amendment) Order, 2007 | 57
    1[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".]
114. Restriction on discussion in Provincial Assembly .− No 
discussion shall take place in a Provincial Assembly with respect  
to the conduct of any Judge of the Supreme Court or of a High  
Court in the discharge of his duties. 
115. Provincial  Government's  consent  required  for  
financial measures.− (1) A Money Bill, or a Bill or amendment  
which  if  enacted  and  brought  into  operation  would  involve 
expenditure from the Provincial Consolidated Fund or withdrawal  
from the Public Account of the Province shall not be introduced or  
moved in the Provincial Assembly except by or with the consent of  
the Provincial Government.
(2) For the purpose of this Article, a Bill or amendment shall be  
deemed to be a Money Bill if it contains provisions dealing with all or  
any of the following matters, namely:−
(a) the imposition, abolition, remission, alteration or regulation  
of any tax;
(b) the borrowing of money, or the giving of any guarantee, by  
the Provincial Government or the amendment of the law  
relating to the financial obligations of that Government;
(c) the  custody  of  the  Provincial  Consolidated  Fund,  the 
payment of moneys into, or issue of moneys from, that  
Fund;
(d) the  imposition  of  a  charge  upon  the  Provincial  
Consolidated  Fund,  or  the  abolition  or  alteration  of  any 
such charge;
(e) the receipt of moneys on account of the Public Account of  
the Province, the custody or issue of such moneys; and
(f) any matter incidental to any of the matters specified in the  
preceding paragraphs.
(3) A Bill shall not be deemed to be a Money Bill by reason only  
that it provides − 
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 25: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
58 | Constitution: (Amendment) Order, 2007
(a) for  the  imposition  or  alteration  of  any  fine  or  other 
pecuniary  penalty  or  for  the  demand  or  payment  of  a 
licence fee or a fee or charge for any service rendered; or
(b) for  the  imposition,  abolition,  remission,  alteration  or 
regulation of any tax by any local authority  or body for local 
purposes.
(4) If any question arises whether a Bill is a Money Bill or not, the  
decision of the Speaker of the Provincial Assembly thereon shall be  
final.
(5) Every Money Bill presented to the Governor for assent shall  
bear a certificate under the hand of the Speaker of the Provincial  
Assembly  that  it  is  a  Money  Bill  and  such  certificate  shall  be 
conclusive for all purposes and shall not be called in question.
    1[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 2[ten] 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[(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 4[give his assent within ten days,  
failing which such assent shall be deemed to have been given].
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 26: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
2Substituted for the word “thirty” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 38. It was earlier substituted for the word  
“forty-five” by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the  
President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 
11 November 1985, pp. 403-410, s. 15.
3Substituted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by  
the President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 11 November 1985, pp. 403-410, s. 15.4Substituted for the words “not withhold his assent therefrom” by the Constitution  (Eighteenth 
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated:  20 April 2010, pp. 267-316, s. 38.
Constitution: (Amendment) Order, 2007 | 59
(4) When  the  Governor  has  assented  1[or  is  deemed  to  have 
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.]
117. Bill not to lapse on prorogation, etc.− (1) A Bill pending in 
a Provincial Assembly shall not lapse by reason of the prorogation  
of the Assembly.
(2) A  Bill  pending  in  a  Provincial  Assembly  shall  lapse  on  the 
dissolution of the Assembly.
Financial Procedure
118. Provincial Consolidated Fund  and Public  Account .− 
(1) All revenues received by the Provincial Government, all loans  
raised  by  that  Government,  and  all  moneys  received  by  it  in 
repayment of any loan, shall form part of a consolidated fund, to  
be known as the Provincial Consolidated Fund.
(2) All other moneys −
(a) received by or on behalf of the Provincial Government; or
(b) received by or deposited with the High Court or any other  
court established under the authority of the Province;
shall be credited to the Public Account of the Province.
119. Custody, etc., of Provincial Consolidated Fund and  
Public Account .− The  custody  of the Provincial  Consolidated 
Fund, the payment of moneys into that Fund, the withdrawal of  
moneys therefrom, the custody of other moneys received by or on  
behalf  of  the  Provincial  Government,  their  payment  into,  and 
withdrawal  from,  the  Public  Account  of  the  Province,  and  all 
matters connected with or ancillary to the matters aforesaid, shall  
be regulated by Act of the Provincial Assembly or, until provision in 
that behalf is so made, by rules made by the Governor.
120. Annual Budget Statement.− (1) The Provincial Government 
shall, in respect of every financial year, cause to be laid before the  
Provincial  Assembly a statement of the estimated receipts and  
expenditure  of  the Provincial  Government  for  that  year,  in  this 
Chapter referred to as the Annual Budget Statement.
(2) The Annual Budget Statement shall show separately −  
1Inserted ibid. The comma after the word “Bill” inserted during editing.
60 | Constitution: (Amendment) Order, 2007
(a) the sums required to meet expenditure described by the  
Constitution as expenditure charged upon the Provincial  
Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to  
be made from the Provincial Consolidated Fund;
and  shall  distinguish  expenditure  on  revenue  account  from  other 
expenditure.
121. Expenditure  charged  upon  Provincial  Consolidated  
Fund.− The following expenditure shall be expenditure charged  
upon the Provincial Consolidated Fund:− 
(a) the  remuneration  payable  to  the  Governor  and  other 
expenditure  relating  to  his  office,  and  the  remuneration 
payable to − 
(i) the Judges of the High Court; and
(ii) the  Speaker  and  Deputy  Speaker  of  the  Provincial 
Assembly;
(b) the  administrative  expenses,  including  the  remuneration 
payable to officers and servants, of the High Court and the  
Secretariat of the Provincial Assembly;
(c) all debt charges for which  the Provincial Government is  
liable,  including  interest,  sinking  fund  charges,  the  
repayment or amortisation of capital, and other expenditure 
in connection with the raising of loans, and the service and  
redemption  of  debt  on  the  security  of  the  Provincial 
Consolidation Fund;
(d) any  sums  required  to  satisfy  any  judgment,  decree  or 
award against the Province by any Court or tribunal; and
(e) any other sums declared by the Constitution  or by Act of  
the Provincial Assembly to be so charged.
122. Procedure relating to Annual Budget Statement .− (1)  
So  much  of  the  Annual  Budget  Statement  as  relates  to 
expenditure charged upon the Provincial Consolidated Fund may  
be discussed in, but shall not be submitted to the vote of, the  
Provincial Assembly.
(2) So much of the Annual Budget Statement as relates to other  
expenditure shall be submitted to the Provincial Assembly in the form  
of demands for grants, and that Assembly shall have power to assent  
to, or to refuse to assent to, any demand, or to assent to any demand  
subject to a reduction of the amount specified therein. 
1[ * * * * * *   ]
1Proviso  was  omitted  by  the  Constitution (Eighteenth  Amendment)  Act,  2010  (X  of  2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
Constitution: (Amendment) Order, 2007 | 61
(3) No  demand  for  a  grant  shall  be  made  except  on  the 
recommendation of the Provincial Government.
123. Authentication  of  schedule  of  authorized  
expenditure.− (1) The Chief Minister shall authenticate by his  
signature a schedule specifying − 
(a) the grants made or deemed to have been made by the  
Provincial Assembly under Article 122, and
(b) the several sums required to meet the expenditure charged 
upon the Provincial Consolidated Fund but not exceeding,  
in the case of any sum, the sum shown in the statement  
previously laid before the Assembly.
(2) The  schedule  so  authenticated  shall  be  laid  before  the 
Provincial  Assembly,  but  shall  not  be  open  to  discussion  or  vote 
thereon.
(3) Subject to the Constitution , no expenditure from the Provincial  
Consolidated Fund shall be deemed to be duly authorized unless it is  
specified in the schedule so authenticated and such schedule is laid  
before the Provincial Assembly as required by clause (2).
124. Supplementary and excess grant .− If in respect of any  
financial year it is found − 
(a) that the amount authorized to be expended for a particular  
service for the current financial year is insufficient, or that a  
need has arisen for expenditure upon some new service  
not included in the Annual Budget Statement for that year;  
or
(b) that any money has been spent on any service during a  
financial  year  in  excess  of  the  amount  granted  for  that 
service for that year;
the Provincial Government shall have power to authorize expenditure  
from the Provincial  Consolidated  Fund, whether the expenditure is  
charged by the Constitution  upon that Fund or not, and shall cause to  
be  laid  before  the  Provincial  Assembly  a  Supplementary  Budget 
Statement or, as the case may be, an Excess Budget Statement,  
setting  out  the  amount  of  that  expenditure,  and  the  provisions  of 
Articles 120 to 123 shall apply to those statements as they apply to  
the Annual Budget Statement.
125. Votes on account .− Notwithstanding anything contained in  
the foregoing provisions relating to financial matters, the Provincial  
Assembly  shall  have  power  to  make  any  grant  in  advance  in 
respect of the estimated expenditure for a part of any financial  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 39.
62 | Constitution: (Amendment) Order, 2007
year,  not  exceeding  three  months,  pending  completion  of  the 
procedure prescribed in Article 122 for the voting of such grant  
and  the  authentication  of  the  schedule  of  expenditure  in 
accordance with the provisions of Article 123 in relation to the  
expenditure.
126. Power  to  authorize  expenditure  when  Assembly  
stands dissolved .− Notwithstanding anything contained in the  
foregoing provisions relating to financial matters, at any time when  
the  Provincial  Assembly  stands  dissolved,  the  Provincial  
Government  may  authorize  expenditure  from  the  Provincial 
Consolidated Fund in respect of the estimated expenditure for a  
period not exceeding four months in any financial year, pending  
completion of the procedure prescribed in Article 122 for the voting 
of  grants and  the  authentication  of  the  schedule  of  authorized 
expenditure in accordance with the provisions of Article 123 in  
relation to the expenditure.
127. Provisions  relating  to  National  Assembly,  etc.,  to  
apply  to  Provincial  Assembly,  etc .− Subject  to  the  
Constitution,  the  provisions  of  clauses  (2)  to  (8)  of  Article  53, 
clauses  (2) and (3) of Article 54, Article 55, Articles  63 to 67,  
Article 69, Article 77, Article 87 and Article 88 shall apply to and in  
relation  to  a  Provincial  Assembly  or  a  committee  or  members 
thereof or the Provincial Government, but so that − 
(a) any  reference  in  those  provisions  to  1[Majlis-e-Shoora 
(Parliament)] , a House or the National Assembly shall be  
read as a reference to the Provincial Assembly;
(b) any reference in those provisions to the President shall be  
read as a reference to the Governor of the Province;
(c) any  reference  in  those  provisions  to  the  Federal  
Government shall be, read as a reference to the Provincial  
Government;
(d) any  reference  in  those  provisions  to  the  Prime  Minister 
shall be read as a reference to the Chief Minister;
(e) any  reference  in  those  provisions  to  a  Federal  Minister 
shall be read as a reference to a Provincial Minister; 2[*]
(f) any reference in those provisions to the National Assembly  
of Pakistan shall be read as a reference to the Provincial  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2The word “and” was omitted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974);  
assented  to  by  the  President  on  4  May  1974;  and,  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 8 May 1974, pp. 179-182, s. 7.
Constitution: (Amendment) Order, 2007 | 63
Assembly in existence immediately before the commencing 
day 1[; and]
   2[(g) the said clause (2) of Article 54 shall have effect as if, in  
the proviso thereto, for the words "one hundred and thirty"  
the word “3[one hundred]” were substituted.]
Ordinances
128. Power of Governor to promulgate Ordinances.− (1) The 
Governor may, except when the Provincial Assembly is in session,  
if satisfied that circumstances exist which render it necessary to  
take immediate action, make and promulgate an Ordinance as the  
circumstances may require.
(2) An Ordinance promulgated under this Article shall have the  
same force and effect as an Act of the Provincial Assembly and shall  
be subject to like restrictions as the power of the Provincial Assembly  
to make laws, but every such Ordinance −
(a) shall be laid before the Provincial Assembly and shall stand 
repealed  at  the  expiration  of  4[ninety  days]  from  its 
promulgation or, if before the expiration of that period a  
resolution disapproving it is passed by the Assembly, upon  
the passing of that resolution 5[:]
6[Provided  that  the  Provincial  Assembly  may  by  a 
resolution  extend  the  Ordinance  for  a  further  period  of 
ninety days and it shall stand repealed at the expiration of  
the  extended  period,  or  if  before  the  expiration  of  that 
period  a  resolution  disapproving  it  is  passed  by  the 
Assembly, upon the passing of that resolution: 
Provided further that extension for a further period may  
be made only once.]
(b) may be withdrawn at any time by the Governor.
(3) Without prejudice to the provisions of clause (2), an Ordinance  
laid  before  the  Provincial  Assembly  shall  be  deemed  to  be  a  Bill 
introduced in the Provincial Assembly.
1Substituted ibid, for the “full-stop”.
2Added ibid.
3Substituted for the word “seventy” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 40.
4Substituted for the words “three months” by the Constitution (Eighteenth Amendment) Act, 2010 
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 41.
5Substituted ibid, for the expression “; and”.
6Inserted ibid. 
64 | Constitution: (Amendment) Order, 2007
Chapter 3
        Provincial Governments
   1[129. The  Provincial  Government .− (1)  Subject  to  the  
Constitution, the executive authority of the Province shall be exercised 
in the name of the Governor by the Provincial Government, consisting  
of the Chief Minister and Provincial Ministers, which shall act through  
the Chief Minister. 
(2) In the performance of his functions under the Constitution , the 
Chief  Minister  may  act  either  directly  or  through  the  Provincial 
Ministers.]
    2[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  Provincial  Assembly shall  meet on  the twenty-first day 
following the day on which a general election to the Assembly is held,  
unless sooner summoned by the Governor. 
(3) After the election of the Speaker and the Deputy Speaker, the  
Provincial  Assembly  shall,  to the  exclusion  of any other business, 
proceed to elect without debate one of its members to be the Chief  
Minister. 
(4) The Chief Minister shall be elected by the votes of the majority  
of the total membership of the Provincial Assembly: 
Provided that, if no member secures such majority in the first poll,  
a second poll shall be held between the members who secure the two  
highest numbers of votes in the first poll and the member who secures  
a  majority  of  votes  of  the  members  present  and  voting  shall  be 
declared to have been elected as Chief Minister: 
Provided further that, if the number of votes secured by two or  
more members securing the highest number of votes is equal, further  
polls shall be held between them until one of them secures a majority  
of votes of the members present and voting. 
(5) The member elected under clause (4) shall be called upon by  
the Governor to assume the office of Chief Minister and he shall,  
1Substituted ibid, s. 42. It was earlier substituted by the Revival of the Constitution of 1973 Order, 
1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17  
March 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came into force  
on 2 March 1985 and was saved under Article 270A of the Constitution.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 43.  It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came  
into force on 2 March 1985 and was saved under Article 270A of the Constitution. 
The
Constitution: (Amendment) Order, 2007 | 65
before entering upon the office, make before the Governor oath in the  
form set out in the Third Schedule: 
Provided that there shall be no restriction on the number of terms  
for the office of the Chief Minister. 
(6) The Cabinet shall be collectively responsible to the Provincial  
Assembly and the total strength of the Cabinet shall not exceed fifteen  
members or eleven percent of the total membership of a Provincial  
Assembly, whichever is higher: 
Provided  that  the  aforesaid  limit  shall  be  effective  from  the  next 
general  elections  after  the  commencement  of  the  Constitution 
(Eighteenth Amendment) Act, 2010. 
(7) The Chief Minister shall hold office during the pleasure of the  
Governor, but the Governor shall not exercise his powers under this  
clause unless he is satisfied that the Chief Minister does not command 
the  confidence  of  the  majority  of  the  members  of  the  Provincial 
Assembly, in which case he shall summon the Provincial Assembly  
and require the Chief Minister to obtain a vote of confidence from the  
Assembly. 
(8) The Chief Minister may, by writing under his hand addressed  
to the Governor, resign his office. 
(9) A Minister who for any period of six consecutive months is not  
a member of the Provincial Assembly shall, at the expiration of that  
period, cease to be a Minister and shall not before the dissolution of  
that Assembly be again appointed a Minister unless he is elected a  
member of that Assembly. 
(10)  Nothing  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. 
(11) The Chief Minister shall not appoint more than five Advisers.]
   1[131. Governor to be kept informed .− The Chief Minister shall  
keep  the  Governor  informed  on  matters  relating  to  Provincial 
administration  and  on  all  legislative  proposals  the  Provincial  
Government intends to bring before the Provincial Assembly.]
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 44. It was earlier substituted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came  
into force on 2 March 1985 and was saved under Article 270A of the Constitution.
66 | Constitution: (Amendment) Order, 2007
   1[132. Provincial Ministers.− (1) Subject to clauses 2[(9) and (10)] 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.] 
    3[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.]
    4[134. Resignation by Chief Minister.−   *      * *   ]
    5[135. Provincial Minister performing functions of Chief Minister.−]
    6[136. Vote of no-confidence against Chief Minister .− (1) A  
resolution for a vote of no-confidence moved by not less than twenty  
per centum of the total membership of the Provincial Assembly may  
be passed against the Chief Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1) shall not be voted upon  
before the expiration of three days, or later than seven days, from the  
day on which such resolution is moved in the Provincial Assembly. 
(3) If the resolution referred to in clause (1) is passed by a majority 
of the total membership of the Provincial Assembly, the Chief Minister  
shall cease to hold office.]  
137. Extent of executive authority  of Province .− Subject to  
the  Constitution,  the  executive  authority  of  the  Province  shall 
extend  to  the  matters  with  respect  to  which  the  Provincial 
Assembly has power to make laws: 
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 28: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
2Substituted for the expression “(7) and (8)” by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette  
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 45.
3Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 28: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
4Omitted ibid, item 29.
5Ibid.
6Substituted ibid, item 30.
Constitution: (Amendment) Order, 2007 | 67
Provided that, in any matter with respect to which both 1[Majlis-e-
Shoora (Parliament)] and the Provincial Assembly of a Province have  
power to make laws, the executive authority  of the Province shall be  
subject to, and limited by, the executive authority expressly conferred  
by the Constitution  or by law made by 2[Majlis-e-Shoora (Parliament)] 
upon the Federal Government or authorities thereof. 
138. Conferring of functions on subordinate authorities .− 
On  the  recommendation  of  the  Provincial  Government,  the 
Provincial Assembly may by law confer functions upon officers or  
authorities subordinate to the Provincial Government. 
   3[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 4[Provincial Government] shall by rules specify the manner  
in which orders and other instruments made and executed  5[in the  
name of Governor] 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.
6[(3)  The  Provincial  Government  shall  also  make  rules  for  the 
allocation and transaction of its business.]]
140. Advocate-General for a Province .− (1) The Governor of  
each Province shall appoint a person, being a person qualified to  
be  appointed  a Judge  of the High  Court, to be the Advocate-
General for the Province. 
(2) It shall be the duty of the Advocate-General to give advice to  
the Provincial Government upon such legal matters, and to perform  
such other duties of a legal character, as may be referred or assigned  
to him by the Provincial Government. 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.2Ibid.
3Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985. pp. 185-227, Article  
2 read with the Schedule, item 31: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution. 
4Substituted for the word “Governor” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 
2010); assented to by the President on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated:  20 April 2010, pp. 267-316, s. 46.
5Substituted ibid, for the words “in his name”.
6Substituted ibid, s. 46.
68 | Constitution: (Amendment) Order, 2007
(3) The Advocate-General shall hold office during the pleasure of  
the Governor 1[and shall not engage in private practice so long as he  
holds the office of the Advocate-General].
(4) The  Advocate-General  may,  by  writing  under  his  hand 
addressed to the Governor, resign his office.
  2[140A.  Local Government .− 3[(1)]  Each  Province  shall,  by  law, 
establish  a  local  government  system  and  devolve  political,  
administrative and financial responsibility and authority  to the elected  
representatives of the local governments. 
(2) Elections  to  the  local  governments  shall  be  held  by  the 
Election Commission of Pakistan.]
PART V
Relations between Federation and Provinces
Chapter 1
Distribution of Legislative Powers
141. Extent of Federal and Provincial laws .− Subject to the  
Constitution, 4[Majlis-e-Shoora (Parliament)] may make laws (including 
laws having extra-territorial operation) for the whole or any part of  
Pakistan, and a Provincial Assembly may make laws for the Province  
or any part thereof. 
142. Subject-matter  of  Federal  and  Provincial  laws .− 
Subject to the Constitution − 
(a) 5[Majlis-e-Shoora (Parliament)] shall have exclusive power  
to make laws with respect to any matter in the Federal  
Legislative List; 
1Added ibid, s. 47.
2Inserted ibid, s. 48. It was earlier inserted by the Legal Framework Order, 2002 (C.E.O. No. 24  
0f 2002), published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-
1049, Article 3 read with the Schedule, item 16 but was declared void by the Constitution  
(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.
3The expression “(1)” has been inserted for purposes of editing. 
4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
5Ibid. 
Constitution: (Amendment) Order, 2007 | 69
1[(b) Majlis-e-Shoora  (Parliament)  and  a  Provincial  Assembly 
shall have power to make laws with respect to criminal law,  
criminal procedure and evidence;]
2[(c) Subject to paragraph (b), a Provincial Assembly shall, and  
Majlis-e-Shoora (Parliament) shall not, have power to make 
laws  with  respect  to  any  matter  not  enumerated  in  the 
Federal Legislative List;]
3[(d) Majlis-e-Shoora (Parliament) shall have exclusive power to  
make laws with respect to all matters pertaining to such  
areas  in  the  Federation  as  are  not  included  in  any 
Province.]
4[143. Inconsistency between Federal and Provincial law .− If  
any provision of an Act of a Provincial Assembly is repugnant to any  
provision  of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-
Shoora (Parliament) is competent to enact, then the Act of Majlis-e-
Shoora (Parliament), whether passed before or after the Act of the  
Provincial  Assembly,  shall  prevail  and  the  Act  of  the  Provincial 
Assembly shall, to the extent of the repugnancy, be void.]
144. Power of 5[Majlis-e-Shoora (Parliament)] to legislate for  
6[one] or  more  Provinces  by  consent .− (1)  If  7[one]  or  more 
Provincial  Assemblies pass resolutions  to the effect that  8[Majlis-e-
Shoora (Parliament)] may by law regulate any matter not enumerated  
in  9[the Federal Legislative List] in the Fourth Schedule, it shall be  
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 49. The full stop at the end has been replaced for the semi-colon  
for purposes of editing.
2Substituted ibid. The full stop at the end has been replaced for the semi-colon for purposes of  
editing.
3Ibid.
4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 50.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
6Substituted for the word “two” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan 
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 51.
7Ibid.
8Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
9Substituted for the words “either List” by the Constitution  (Eighteenth Amendment) Act, 2010 (X  
of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 51.
70 | Constitution: (Amendment) Order, 2007
lawful for 1[Majlis-e-Shoora (Parliament)] to pass an Act for regulating  
that matter accordingly, but any Act so passed may, as respects any  
Province to which it applies, be amended or repealed by Act of the  
Assembly of that Province.
2[(2)    * * * * *    *     ]
Chapter 2
Administrative Relations 
between Federation and Provinces
145. Power of  President  to direct Governor  to discharge  
certain functions as his Agent .− (1) The President may direct the  
Governor of any Province to discharge as his Agent, either generally  
or in any particular matter, such functions relating to such areas in the  
Federation  which  are  not  included  in  any  Province  as  may  be 
specified in the direction. 
(2) The provisions of Article 105 shall not apply to the discharge  
by the Governor of his functions under clause (1). 
146. Power  of  Federation  to  confer  powers,  etc.,  on  
Provinces,  in  certain  cases .− (1)  Notwithstanding  anything  
contained in the Constitution , the Federal Government may, with the  
consent of the Government of a Province, entrust either conditionally  
or unconditionally to that Government, or to its officers functions in  
relation  to  any  matter  to  which  the  executive  authority of  the  
Federation extends. 
(2) An Act of 3[Majlis-e-Shoora (Parliament)] may, notwithstanding  
that it relates to a matter with respect to which a Provincial Assembly  
has no power to make laws, confer powers and impose duties upon a  
Province or officers and authorities thereof. 
(3) Where by virtue of this Article powers and duties have been  
conferred  or  imposed  upon  a  Province  or  officers  or  authorities 
thereof, there shall be paid by the Federation to the Province such  
sum  as  may  be  agreed  or,  in  default  of  agreement,  as  may  be 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
2Omitted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the  
President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 
11 November 1985, pp. 403-410, s. 17.
3Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 71
determined by an arbitrator appointed by the Chief Justice of Pakistan, 
in respect of any extra costs of administration incurred by the Province 
in connection with the exercise of those powers or the discharge of  
those duties. 
147. Power  of  the  Provinces  to  entrust  functions  to  the  
Federation.− Notwithstanding anything contained in the Constitution , 
the Government of a Province may, with the consent of the Federal  
Government,  entrust,  either  conditionally  or  unconditionally,  to  the 
Federal  Government, or to its officers, functions in relation  to any  
matter to which the executive authority of the Province extends 1[:]
2[Provided that the Provincial Government shall get the functions  
so entrusted ratified by the Provincial Assembly within sixty days.]
148. Obligation  of  Provinces  and  Federation .− (1)  The  
executive  authority of  every  Province  shall  be  so  exercised  as  to 
secure compliance with Federal laws which apply in that Province. 
(2) Without prejudice to any other provision of this Chapter, in the  
exercise of the executive authority  of the Federation in any Province  
regard shall be had to the interests of that Province. 
(3) It shall be the duty of the Federation to protect every Province  
against external aggression and internal disturbances and to ensure  
that the Government of every Province is carried on in accordance  
with the provisions of the Constitution. 
149. Directions  to  Provinces  in  certain  cases .− (1)  The  
executive authority of every Province shall be so exercised as not to  
impede  or prejudice  the exercise  of the executive  authority of the 
Federation, and the executive authority of the Federation shall extend  
to the giving of such directions to a Province as may appear to the  
Federal Government to be necessary for that purpose. 
3[(2)    *   *   *   *   *    *      ] 
(3) The executive authority  of the Federation shall also extend to  
the giving  4[of] directions to a Province as to the construction and  
maintenance of means of communication declared in the direction to  
be of national or strategic importance.
(4) The executive authority  of the Federation shall also extend to  
the giving of directions to a Province as to the manner in which the  
executive  authority  thereof  is  to  be  exercised  for  the  purpose  of 
1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 52.2Added by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 52.
3Omitted ibid, s. 53.
4The word “if” has been replaced by the word “of” for purposes of editing.
72 | Constitution: (Amendment) Order, 2007
preventing any grave menace to the peace or tranquility or economic  
life of Pakistan or any part thereof. 
150. Full faith and credit for public acts, etc .− Full faith and  
credit shall be given throughout Pakistan to public acts and records,  
and judicial proceedings of every Province. 
151. Inter-Provincial  trade.− (1)  Subject  to  clause  (2),  trade, 
commerce and intercourse throughout Pakistan shall be free. 
(2) 1[Majlis-e-Shoora  (Parliament)]   may  by  law  impose  such 
restrictions on the freedom of trade, commerce or intercourse between 
one Province and another or within any part of Pakistan as may be  
required in the public interest. 
(3) A Provincial Assembly or a Provincial Government shall not  
have power to −  
(a) make any law, or take any executive action, prohibiting or  
restricting the entry into, or the export from, the Province of  
goods of any class or description, or 
(b) impose a tax which, as between goods manufactured or  
produced  in  the  Province  and  similar  goods  not  so 
manufactured or produced, discriminates in favour of the  
former goods or which, in the case of goods manufactured  
or produced outside the Province discriminates between  
goods manufactured or produced in any area in Pakistan  
and similar goods manufactured or produced in any other  
area in Pakistan. 
(4) An  Act  of  a  Provincial  Assembly  which  imposes  any 
reasonable restriction in the interest of public health, public order or  
morality,  or  for  the  purpose  of  protecting  animals  or  plants  from 
disease  or  preventing  or  alleviating  any  serious  shortage  in  the 
Province of an essential commodity shall not, if it was made with the  
consent of the President, be invalid. 
152. Acquisition of land for Federal purposes.− The Federation 
may, if it deems necessary to acquire any land situate in a Province  
for any purpose connected with a matter with respect to which 2[Majlis-
e-Shoora (Parliament)] has power to make laws, require the Province  
to acquire the land on behalf, and at the expense, of the Federation  
or, if the land belongs to the Province, to transfer it to the Federation  
on such terms as may be agreed or, in default of agreement, as may  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
2Ibid. 
Constitution: (Amendment) Order, 2007 | 73
be  determined  by  an  arbitrator  appointed  by  the  Chief  Justice  of 
Pakistan.
Chapter 3
Special Provisions
 1[152A. National Security Council.−    *   *           *            *         ]
153. Council of Common Interests.− (1) There shall be a Council  
of Common Interests, in this Chapter referred to as the Council, to be  
appointed by the President. 
2[(2) The Council shall consist of − 
(a) the  Prime  Minister  who  shall  be  the  Chairman  of  the 
Council; 
(b) the Chief Ministers of the Provinces; and 
(c) three  members  from  the  Federal  Government  to  be 
nominated by the Prime Minister from time to time.]
3[(3) *     *   *   * *    *         *       ] 
(4) The  Council  shall  be  responsible  to  4[Majlis-e-Shoora 
(Parliament)] 5[and shall submit an Annual Report to both Houses of  
1Omitted by the Constitution  (Seventeenth Amendment) Act, 2003 (III of 2003); assented to by  
the President on 31 December 2003;  and, published the same day in the Gazette of Pakistan  
(Extraordinary),  dated:  31  December  2003,  pp.149-153,  s.  5.  It  was  inserted  by  the  Legal 
Framework  Order,  2002  (CEO  No.  24  of  2002),  published  the  Gazette  of  Pakistan 
(Extraordinary), dated: 21 August 2002, pp. 1031-1049, Article 3 read with the Schedule, item  
17. Before that It was inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.  
14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.  
185-227, Article 2 read with Schedule, item 32: the Order came into force on 2 March 1985 and  
saved under Article 270A. It was  omitted by the Constitution (Eighth Amendment) Act, 1985  
(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 18. Under Article 267B,  
Article 152A shall be deemed always to have been so omitted: the said Article was inserted by  
the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 
19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010,  
pp. 267-316, s. 93. 
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 54.
3Omitted ibid.4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.5Added by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
74 | Constitution: (Amendment) Order, 2007
Majlis-e-Shoora (Parliament)]. 
154. Functions and rules of procedure .− 1[(1) The Council shall  
formulate and regulate policies in relation to matters in Part II of the  
Federal  Legislative  List  and  shall  exercise  supervision  and  control 
over related institutions.]
2[(2) The Council shall be constituted within thirty days of the Prime  
Minister taking oath of office. 
(3) The Council shall have a permanent Secretariat and shall meet 
at least once in ninety days: 
Provided that the Prime Minister may convene a meeting on the  
request of a Province on an urgent matter.]
3[(4)] The decisions of the Council shall be expressed in terms of the  
opinion of the majority. 
4[(5)] Until 5[Majlis-e-Shoora (Parliament)] makes provision by law in  
this behalf, the Council may make its rules of procedure.
6[(6)] 7[Majlis-e-Shoora (Parliament)] in joint sitting may from time to  
time by resolution issue directions through the Federal Government to  
the Council generally or in a particular matter to take action as 8[Majlis-
e-Shoora (Parliament)]  may deem just and proper and such directions 
shall be binding on the Council.
9[(7)] If  the  Federal  Government  or  a  Provincial  Government  is 
dissatisfied with a decision of the Council, it may refer the matter to  
April 2010, pp. 267-316, s. 54.
1Substituted ibid, s. 55.
2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 55.
3Clause (2) was renumbered ibid.
4Clause (3) was renumbered ibid.
5Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985,. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
6Clause (4) was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 55.
7Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
8Ibid.
9Clause (5) was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 55.
Constitution: (Amendment) Order, 2007 | 75
10[Majlis-e-Shoora (Parliament)] in a joint sitting whose decision in this  
behalf shall be final. 
155. Complaints as to interference with water supplies.− (1) If 
the  interests  of  a  Province,  the  Federal  Capital  or  the  Federally 
Administered Tribal Areas, or any of the inhabitants thereof, in water  
from any natural source of supply  1[or reservoir] have been or are  
likely to be affected prejudicially by − 
(a) any  executive  act  or  legislation  taken  or  passed  or 
proposed to be taken or passed, or 
(b) the failure of any authority  to exercise any of its powers  
with respect to the use and distribution or control of water  
from that source,
the Federal Government or the Provincial Government concerned may 
make a complaint in writing to the Council. 
(2) Upon receiving such complaint, the Council shall, after having  
considered the matter, either give its decision or request the President  
to appoint a commission consisting of such persons having special  
knowledge and experience in irrigation, engineering, administration,  
finance  or  law  as  he  may  think  fit,  hereinafter  referred  to  as  the 
Commission. 
(3) Until 2[Majlis-e-Shoora (Parliament)] makes provision by law in  
this behalf, the provisions of the Pakistan Commissions of Inquiry Act,  
1956 (VI of 1956), as in force immediately before the commencing day 
shall apply to the Council or the Commission as if the Council or the  
Commission were a commission appointed under that Act to which all  
the provisions of section 5 thereof applied and upon which the power  
contemplated by section 10A thereof had been conferred. 
(4) After considering the report and supplementary report, if any,  
of the Commission, the Council shall record its decision on all matters  
referred to the Commission. 
(5) Notwithstanding  any  law  to the contrary, but subject to the  
provisions  of clause  (5) of Article  154,  it shall  be the duty of the 
Federal Government and the Provincial Government concerned in the  
10Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 56.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227 Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
76 | Constitution: (Amendment) Order, 2007
matter in issue to give effect to the decision of the Council faithfully  
according to its terms and tenor.
 
(6) No proceeding shall lie before any court at the instance of any  
party to a matter which is or has been in issue before the Council, or  
of any person whatsoever, in respect of a matter which is actually or  
has been or might or ought to have been a proper subject of complaint 
to the Council under this Article. 
  1[156.  National  Economic  Council .− (1)  The  President  shall 
constitute a National Economic Council which shall consist of −
(a) the  Prime  Minister,  who  shall  be  the  Chairman  of  the 
Council; 
(b) the Chief Ministers and one member from each Province to  
be nominated by the Chief Minister; and 
(c) four other members as the Prime Minister may nominate  
from time to time. 
(2) The  National  Economic  Council  shall  review  the  overall 
economic condition of the country and shall, for advising the Federal  
Government  and  the  Provincial  Governments,  formulate  plans  in 
respect of financial, commercial, social and economic policies; and in  
formulating  such  plans  it  shall,  amongst  other  factors,  ensure 
balanced development and regional equity and shall also be guided by 
the Principles of Policy set out in Chapter 2 of Part-II. 
(3) The  meetings  of  the  Council  shall  be  summoned  by  the 
Chairman or on a requisition made by one-half of the members of the  
Council. 
(4) The Council shall meet at least twice in a year and the quorum  
for a meeting of the Council shall be one-half of its total membership. 
(5) The  Council  shall  be  responsible  to  the  Majlis-e-Shoora 
(Parliament) and shall submit an Annual  Report to each House of  
Majlis-e-Shoora (Parliament).]
157. Electricity.− (1) The Federal Government may in any Province  
construct or cause to be constructed hydro-electric or thermal power  
installations or grid stations for the generation of electricity and lay or  
cause to be laid inter-provincial transmission lines 2[:]
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 57.
2Substituted ibid, for the ”full-stop”, s. 58.
Constitution: (Amendment) Order, 2007 | 77
1[Provided that the Federal Government, prior to taking a decision  
to construct or cause to be constructed, hydro-electric power stations  
in any Province, shall consult the Provincial Government concerned.]
(2) The Government of a Province may − 
(a) to the extent electricity is supplied to that Province from the  
national  grid,  require  supply  to  be  made  in  bulk  for 
transmission and distribution within the Province;
(b) levy tax on consumption of electricity within the Province;
(c) construct  power  houses  and  grid  stations  and  lay 
transmission lines for use within the Province; and
(d) determine the tariff for distribution of electricity within the  
Province.
2[(3) In case of any dispute between the Federal Government and  
a Provincial Government in respect of any matter under this Article,  
any  of  the  said  Governments  may  move  the  Council  of  Common 
Interests for resolution of the dispute.]
158. Priority of requirements of natural gas .− The Province in  
which a well-head of natural gas is situated shall have precedence  
over other parts of Pakistan in meeting the requirements from the well-
head,  subject  to  the  commitments  and  obligations  as  on  the 
commencing day. 
159. Broadcasting and telecasting.− (1) The Federal Government 
shall not unreasonably refuse to entrust to a Provincial Government  
such functions with respect to broadcasting and telecasting as may be  
necessary to enable that Government − 
(a) to construct and use transmitters in the Province; and 
(b) to regulate, and impose fees in respect of, the construction  
and use of transmitters and the use of receiving apparatus  
in the Province: 
Provided that nothing in this clause shall be construed  
as  requiring  the  Federal  Government  to  entrust  to  any 
Provincial  Government  any  control  over  the  use  of 
transmitters  constructed  or  maintained  by  the  Federal 
Government  or  by  persons  authorised  by  the  Federal 
Government,  or over  the use  of receiving  apparatus  by 
persons so authorised.
(2) Any functions so entrusted to a Provincial Government shall be 
exercised  subject  to  such  conditions  as  may  be  imposed  by  the 
1Inserted ibid.
2Added by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 58.
78 | Constitution: (Amendment) Order, 2007
Federal Government, including, notwithstanding anything contained in  
the Constitution, any conditions with respect to finance, but it shall not  
be lawful for the Federal Government so to impose any conditions  
regulating the matter broadcast or telecast by, or by authority  of, the  
Provincial Government. 
(3) Any Federal law with respect to broadcasting and telecasting  
shall be such as to secure that effect can be given to the foregoing  
provisions of this Article. 
(4) If any question arises whether any conditions imposed on any  
Provincial Government are lawfully imposed, or whether any refusal  
by the Federal Government to entrust functions is unreasonable, the  
question shall be determined by an arbitrator appointed by the Chief  
Justice of Pakistan. 
(5) Nothing  in  this  Article  shall  be  construed  as  restricting  the 
powers  of  the  Federal  Government  under  the  Constitution for  the 
prevention of any grave menace to the peace or tranquility of Pakistan  
or any part thereof.
PART VI
Finance, Property, Contracts and Suits
Chapter 1
Finance
Distribution of Revenues between the Federation and 
the Provinces
160. National Finance Commission.− (1) Within six months of the 
commencing day and thereafter at intervals not exceeding five years,  
the  President  shall  constitute  a  National  Finance  Commission 
consisting of the Minister of Finance of the Federal Government, the  
Ministers of Finance of the Provincial Governments, and such other  
persons as may be appointed by the President after consultation with  
the Governors of the Provinces. 
(2) It shall be the duty of the National Finance Commission  to  
make recommendations to the President as to − 
(a) the distribution between the Federation and the Provinces  
of the net proceeds of the taxes mentioned in clause (3); 
(b) the making of grants-in-aid by the Federal Government to  
the Provincial Governments; 
(c) the exercise by the Federal Government and the Provincial  
Governments of the  borrowing  powers  conferred  by  the 
Constitution; and 
(d) any  other  matter  relating  to  finance  referred  to  the 
Commission by the President. 
Constitution: (Amendment) Order, 2007 | 79
(3) The taxes referred to in paragraph (a) of clause (2) are the  
following  taxes  raised  under  the  authority of  1[Majlis-e-Shoora 
(Parliament)], namely:− 
(i) taxes  on  income,  including  corporation  tax,  but  not 
including taxes on income consisting of remuneration  
paid out of the Federal Consolidated Fund; 
2[(ii) taxes on the sales and purchases of goods imported,  
exported, produced, manufactured or consumed;]
(iii) export duties on cotton, and such other export  
duties as may be specified by the President;
(iv) such  duties  of  excise  as  may  be  specified  by  the 
President; and
(v) such other taxes as may be specified by the President.
3[(3A)  The  share  of  the  Provinces  in  each  Award  of  National 
Finance Commission shall not be less than the share given to the  
Provinces in the previous Award. 
 (3B)  The  Federal  Finance  Minister  and  Provincial  Finance 
Ministers shall monitor the implementation of the Award biannually  
and  lay  their  reports  before  both  Houses  of  Majlis-e-Shoora 
(Parliament) and the Provincial Assemblies.]
(4) As soon as may be after receiving the recommendation, of the  
National Finance Commission, the President shall, by Order, specify,  
in accordance with the recommendations of the Commission under  
paragraph (a) of clause (2), the share of the net proceeds of the taxes  
mentioned in clause (3) which is to be allocated to each Province, and  
that share shall be paid to the Government of the Province concerned,  
and, notwithstanding the provision of Article 78 shall not form part of  
the Federal Consolidated Fund. 
(5) The recommendations of the National Finance Commission,  
together with  an  explanatory  memorandum  as to the  action  taken 
thereon,  shall  be  laid  before  both  Houses  and  the  Provincial 
Assemblies. 
(6) At any time before an Order under clause (4) is made, the  
President may, by Order, make such amendments or modifications in  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the  
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 3.
3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 59.
80 | Constitution: (Amendment) Order, 2007
the law relating to the distribution of revenues between the Federal  
Government  and  the  Provincial  Governments  as  he  may  deem 
necessary or expedient. 
(7) The  President  may,  by  Order,  make  grants-in-aid  of  the 
revenues of the Provinces in need of assistance and such grants shall  
be charged upon the Federal Consolidated Fund.
161.  Natural  gas  and  hydro-electric  power .− 1[(1) 
Notwithstanding the provisions of Article 78,− 
(a) the net proceeds of the Federal duty of excise on natural  
gas  levied  at  well-head  and  collected  by  the  Federal 
Government and of the royalty collected by the Federal  
Government,  shall  not  form  part  of  the  Federal  
Consolidated Fund and shall be paid to the Province in  
which the well-head of natural gas is situated; 
(b) the net proceeds of the Federal duty of excise on oil levied  
at  well-head  and  collected  by  the  Federal  Government, 
shall not form part of the Federal Consolidated Fund and  
shall be paid to the Province in which the well-head of oil is  
situated.]
(2) The  net profits earned by the Federal  Government, or any  
undertaking established or administered by the Federal Government  
from the bulk generation of power at a hydro-electric station shall be  
paid to the Province in which the hydro-electric station is situated.
Explanation.− For the purposes of this clause "net profits" shall be  
computed  by  deducting  from the revenues  accruing  from  the  bulk 
supply of power from the bus-bars of a hydro-electric station at a rate  
to be determined by the Council of Common Interests, the operating  
expenses of the station, which shall include  any sums payable as  
taxes, duties, interest or return on investment, and depreciations and  
element of obsolescence, and over-heads, and provision for reserves. 
162. Prior sanction of President required to Bills affecting  
taxation  in  which  Provinces  are  interested .− No  Bill  or  
amendment which imposes or varies a tax or duty the whole or part of  
the net proceeds whereof is assigned to any Province, or which varies  
the meaning of the expression "agricultural income" as defined for the  
purpose of the enactments relating to income-tax, or which affects the  
principles  on  which  under  any  of  the  foregoing  provisions  of  this 
Chapter moneys are or may be distributable to Provinces, shall be  
introduced  or  moved  in  the  National  Assembly  except  with  the 
previous sanction of the President. 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 60.
Constitution: (Amendment) Order, 2007 | 81
163. Provincial  taxes  in  respect  of  professions,  etc .− A  
Provincial Assembly may by Act impose taxes, not exceeding such  
limits as may from time to time be fixed by Act of  1[Majlis-e-Shoora 
(Parliament)], on persons engaged in professions, trades, callings or  
employments, and no such Act of the Assembly shall be regarded as  
imposing a tax on income. 
Miscellaneous Financial Provisions
164. Grants out of Consolidated Fund .− The Federation or a  
Province may make grants for any purpose, notwithstanding that the  
purpose  is  not  one  with  respect  to  which  2[Majlis-e-Shoora 
(Parliament)] or, as the case may be, a Provincial  Assembly  may  
make laws. 
165. Exemption of certain public property from taxation .− (1) 
The  Federal  Government  shall  not,  in  respect  of  its  property  or 
income, be liable to taxation under any Act of Provincial Assembly  
and,  subject  to  clause  (2),  a  Provincial  Government  shall  not,  in 
respect of its property or income, be liable to taxation under Act of  
3[Majlis-e-Shoora  (Parliament)]  or  under  Act  of  the  Provincial 
Assembly of any other Province. 
(2) If a trade or business of any kind is carried on by or on behalf  
of  the  Government  of  a  Province  outside  that  Province,  that 
Government may, in respect of any property used in connection with  
that  trade  or  business  or  any  income  arising  from  that  trade  or 
business,  be  taxed  under  Act  of  4[Majlis-e-Shoora  (Parliament)]  or 
under Act of the Provincial Assembly of the Province in which that  
trade or business is carried on.
(3) Nothing in this Article shall prevent the imposition of fees for  
services rendered.
 5[165A. Power of 6[Majlis-e-Shoora (Parliament)] to impose tax 
on the income of certain corporations, etc.− (1) For the removal 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
2Ibid.
3Ibid.
4Ibid.
5Added by the Constitution  (Amendment) Order, 1985 (P.O. No.11 of 1985), published in the  
Gazette of Pakistan (Extraordinary), dated: 24 February 1985, pp. 83-84, Article 2: the Order  
was saved under Article 270A of the Constitution.
6Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
82 | Constitution: (Amendment) Order, 2007
of  doubt,  it  is  hereby  declared  that  1[Majlis-e-Shoora  (Parliament)] 
has, and shall be deemed always to have had, the power to make a  
law to provide for the levy and recovery of a tax on the income of a  
corporation, company or other body or institution established by or  
under  a  Federal  law  or  a  Provincial  law  or  an  existing  law  or  a 
corporation, company or other body or institution owned or controlled,  
either directly or indirectly, by the Federal Government or a Provincial  
Government, regardless of the ultimate destination of such income. 
(2) All  orders  made,  proceedings  taken  and  acts  done  by  any 
authority or person, which were made, taken or done, or purported to  
have been made, taken or done, before the commencement of the  
Constitution (Amendment)  Order,  1985,  in  exercise  of  the  powers 
derived from any law referred to in clause (1), or in execution of any  
orders made by any authority in the exercise or purported exercise of  
powers as aforesaid, shall, notwithstanding any judgment of any court  
or tribunal, including the Supreme Court and a High Court, be deemed  
to be and always to have been validly made, taken or done and shall  
not be called in question in any court, including the Supreme Court  
and a High Court, on any ground whatsoever. 
(3) Every judgment or order of any court or tribunal, including the  
Supreme Court and a High Court, which is repugnant to the provisions  
of clause (1) or clause (2) shall be, and shall be deemed always to  
have been, void and of no effect whatsoever.]
Chapter 2
Borrowing and Audit
166. Borrowing  by  Federal  Government .− The  executive  
authority of the Federation extends to borrowing upon the security of  
the Federal Consolidated Fund within such limits, if any, as may from  
time to time be fixed by Act of 2[Majlis-e-Shoora (Parliament)], and to  
the giving of guarantees within such limits, if any, as may be so fixed.
167. Borrowing by Provincial Government .− (1) Subject to the  
provisions of this Article, the executive authority  of a Province extends 
to borrowing upon the security of the Provincial Consolidated Fund  
within such limits, if any, as may from time to time be fixed by Act of  
the Provincial Assembly, and to the giving of guarantees within such  
limits, if any, as may be so fixed.
(2) The Federal Government may, subject to such conditions, if  
any, as it may think fit to impose, make loans to, or so long as any  
limits fixed under Article 166 are not exceeded, give guarantees in  
respect of loans raised by, any Province, and any sums required for  
1Ibid. 
2Ibid.
Constitution: (Amendment) Order, 2007 | 83
the purpose of making loans to a Province shall be charged upon the  
Federal Consolidated Fund. 
(3) A  Province  may  not,  without  the  consent  of  the  Federal 
Government, raise any loan if there is still outstanding any part of a  
loan made to the Province by the Federal Government, or in respect  
of which guarantee has been given by the Federal Government; and  
consent under this clause may be granted subject to such conditions,  
if any, as the Federal Government may think fit to impose. 
1[(4) A Province may raise domestic or international loan, or give  
guarantees on the security of the Provincial Consolidated Fund within  
such limits and subject to such conditions as may be specified by the  
National Economic Council.]
Audit and Accounts
168. Auditor-General of Pakistan.− (1) There shall be an Auditor-
General of Pakistan, who shall be appointed by the President. 
(2) Before entering upon office, the Auditor-General shall make  
before the Chief Justice of Pakistan oath in the form set out in the  
Third Schedule. 
 2[(3) The  Auditor-General  shall,  unless  he  sooner  resigns  or  is 
removed from office in accordance with clause (5), hold office for a  
term of four years from the date on which he assumes such office or  
attains the age of sixty-five years, whichever is earlier.]
3[(3A)  The  other  terms  and  conditions  of  service  of  the  Auditor-
General shall be determined by Act of Majlis-e-Shoora (Parliament);  
and, until so determined, by Order of the President.]
(4) A person who has held office as Auditor-General shall not be  
eligible for further appointment in the service of Pakistan before the  
expiration of two years after he has ceased to hold that office. 
(5) The Auditor-General shall not be removed from office except in 
the like manner and on the like grounds as a Judge of the Supreme  
Court. 
(6) At any time when the office of the Auditor-General is vacant or  
the Auditor-General is absent or is unable to perform the functions of  
his office due to any cause,  4[the President may appoint the most  
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 61.
2Substituted ibid, s. 62. 
3Inserted ibid.
4Substituted  for  the  words  “such  other  person  as  the  President  may  direct  shall” by  the  
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19  
April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-
316, s. 62.
84 | Constitution: (Amendment) Order, 2007
senior officer in the Office of the Auditor-General to] act as Auditor-
General and perform the functions of that office. 
169. Functions and power of Auditor-General .− The Auditor-
General shall, in relation to − 
(a) the accounts of the Federation and of the Provinces; and 
(b) the accounts of any authority  or body established by the  
Federation or a Province, 
perform  such  functions  and  exercise  such  powers  as  may  be 
determined by or under Act of  1[Majlis-e-Shoora (Parliament)]  and,  
until so determined, by Order of the President. 
170. Power  of  Auditor-General  to  give  directions  as  to  
accounts.− 2[(1)] The accounts of the Federation and of the Provinces 
shall be kept in such form and in accordance with such principles and  
methods  as  the  Auditor-General  may,  with  the  approval  of  the 
President, prescribe. 
 3[(2) The audit of the accounts of the Federal and of the Provincial  
Governments and the accounts of any authority  or body established  
by, or under the control of, the Federal or a Provincial Government  
shall be conducted by the Auditor-General, who shall determine the  
extent and nature of such audit.]
171. Reports of Auditor-General .− The  reports of  the Auditor-
General relating to the accounts of the Federation shall be submitted  
to the President, who shall cause them to be laid before 4[both Houses 
of  Majlis-e-Shoora  (Parliament)]  and  the  reports  of  the  Auditor-
General relating to the accounts of a Province shall be submitted to  
the Governor of the Province, who shall cause them to be laid before  
the Provincial Assembly.
Chapter 3
Property, Contracts, Liabilities and Suits
172. Ownerless property.− (1) Any property which has no rightful  
owner shall, if located in a Province, vest in the Government of that  
Province, and in every other case, in the Federal Government. 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2The existing clause was renumbered by  the Constitution (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 63.
3Added ibid.
4Substituted for the words “the National Assembly” , by the Constitution  (Eighteenth Amendment)  
Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 64.
Constitution: (Amendment) Order, 2007 | 85
(2) All  lands,  minerals  and  other  things  of  value  within  the 
continental  shelf  or  underlying  the  ocean  1[beyond]  the  territorial 
waters of Pakistan shall vest in the Federal Government. 
2[(3) Subject to the existing commitments and obligations, mineral  
oil and natural gas within the Province or the territorial waters adjacent 
thereto shall vest jointly and equally in that Province and the Federal  
Government.]
173. Power to acquire property and to make contracts, etc .− 
(1) The executive authority  of the Federation and of a Province shall  
extend, subject to any Act of the appropriate Legislature, to the grant,  
sale, disposition or mortgage of any property vested in, and to the  
purchase  or  acquisition  of  property  on  behalf  of,  the  Federal 
Government or, as the case may be, the Provincial Government, and  
to the making of contracts. 
(2) All property acquired for the purposes of the Federation or of a  
Province shall vest in the Federal Government or, as the case may be, 
in the Provincial Government. 
(3) All contracts made in the exercise of the executive authority  of 
the Federation or of a Province shall be expressed to be made in the  
name of the President or, as the case may be, the Governor of the  
Province, and all such contracts and all assurances of property made  
in the exercise of that authority shall be executed on behalf of the  
President or Governor by such persons and in such manner as he  
may direct or authorize. 
(4) Neither the President, nor the Governor of a Province, shall be  
personally  liable  in respect of any  contract or assurance made or  
executed in the exercise of the executive authority  of the Federation  
or, as the case may be, the Province, nor shall any person making or  
executing any such contract or assurance on behalf of any of them be  
personally liable in respect thereof. 
(5) Transfer of land by the Federal Government or a Provincial  
Government shall be regulated by law. 
174. Suits and proceedings.− The Federation may sue or be sued  
by the name of Pakistan and a Province may sue or be sued by the  
name of the Province.
PART VII
The Judicature
1Substituted ibid, for the word “within”, s. 65.
2Inserted ibid.
86 | Constitution: (Amendment) Order, 2007
Chapter 1
The Courts
175. Establishment and jurisdiction of courts .− (1) There shall  
be a Supreme Court of Pakistan, a High Court for each Province 3[and 
a High Court for the Islamabad Capital Territory] and such other courts 
as may be established by law. 
1[Explanation.− Unless the context otherwise requires, the words  
“High  Court”  wherever  occurring  in  the  Constitution shall  include 
“Islamabad High Court”.]
(2) No  court  shall  have  any  jurisdiction  save  as  is  or  may  be 
conferred on it by the Constitution or by or under any law. 
(3) The  Judiciary  shall  be  separated  progressively  from  the 
Executive within 2[fourteen] years from the commencing day 3[:]
4[Provided  that  the  provisions  of  this  Article  shall  have  no 
application to the trial of persons under any of the Acts mentioned at  
serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule,  
who  claims,  or  is  known,  to  belong  to  any  terrorist  group  or 
organization using the name of religion or a sect.
Explanation: In this proviso, the expression ‘sect’ means a sect of  
religion and does not include any religious or political party regulated  
under the Political Parties Order, 2002.]
 5[175A. Appointment of Judges to the Supreme Court, High  
Courts and the Federal Shariat Court .− (1) There shall  be a  
3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 66.
1Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011), published in the  
Gazette of Pakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 3. It was earlier were  
added by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 66.
2Substituted for the word “five” by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No.  
14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.  
185-227, Article 2 and the Schedule, item 33: the Order came into force on 2 March 1985 and  
was saved under Article 270A of the Constitution. It was earlier substituted for the word “three”  
by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976), published in the Gazette of  
Pakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 4.
3Substituted for the “full-stop” by the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015); 
assented to by the President on 7 January 2015; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 8 January 2015, pp.1-3, s. 2.
4Inserted by the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015); assented to by the  
President on 7 January 2015; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
January 2015, pp.1-3, s. 2: the provision shall remain in force for a period of two years with effect 
from 8 January 2015, s.1. 
5Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 67.
Constitution: (Amendment) Order, 2007 | 87
Judicial Commission of Pakistan, hereinafter in this Article referred to  
as the Commission, for appointment of Judges of the Supreme Court,  
High Courts and the Federal Shariat Court, as hereinafter provided. 
(2) For  appointment  of  Judges  of  the  Supreme  Court,  the 
Commission shall consist of−
(i) Chief Justice of Pakistan; Chairman
(ii) 1[four]  most  senior  Judges  of  the  Supreme 
Court;
Members
(iii) a former Chief Justice or a former Judge of the  
Supreme Court of Pakistan to be nominated by 
the Chief Justice of Pakistan, in consultation  
with the  2[four] member Judges, for a term of  
two years;
Member
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; and Member
(vi) a Senior  Advocate of the Supreme Court of  
Pakistan  nominated  by  the  Pakistan  Bar 
Council for a term of two years.
Member
 (3) Notwithstanding anything contained in clause (1) or clause (2),  
the President shall appoint the most senior Judge of the Supreme  
Court as the Chief Justice of Pakistan. 
(4) The Commission may make rules regulating its procedure. 
(5) For appointment of Judges of a High Court, the Commission in  
clause (2) shall also include the following, namely:− 
(i) Chief Justice of the High Court to which the  
appointment is being made;     
Member
(ii) the most senior Judge of that High Court; Member
(iii) Provincial Minister for Law; and Member
3[(iv) an  advocate  having  not  less  than  fifteen 
years  practice  in  the  High  Court   to  be 
nominated by the concerned Bar Council for  
a term of two years:
Member
Provided that for appointment of the Chief Justice of a High Court  
the  most  Senior  Judge  mentioned  in  paragraph  (ii)  shall  not  be 
member of the Commission:
Provided further that if for any reason the Chief Justice of a High  
Court is not available, he shall be substituted by a former Chief Justice 
1Substituted for the word “two” by the Constitution  (Nineteenth Amendment) Act, 2010 (I of  
2011); assented to by the President on 1 January 2011; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 4.
2Ibid.
3Substituted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by  
the President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 2011, pp. 1-4, s. 4.
88 | Constitution: (Amendment) Order, 2007
or former Judge of the Court, to be nominated by the Chief Justice of  
Pakistan  in  consultation  with  the  four  member  Judges  of  the 
Commission mentioned in paragraph (ii) of clause (2).] 
(6) For appointment of Judges of the Islamabad High Court, the  
Commission in clause (2) shall also include the following, namely:−
(i) Chief Justice of the Islamabad High Court; and Member
(ii) the most senior Judge of that High Court: Member
Provided that for initial appointment of the 1[Chief Justice and the]  
Judges of the Islamabad High Court, the Chief Justices of the four  
Provincial High Courts shall also be members of the Commission: 
Provided further that subject to the foregoing proviso, in case of  
appointment of Chief Justice of Islamabad High Court, the provisos to  
clause (5) shall, mutatis mutandis, apply. 
(7) For appointment of Judges of the Federal Shariat Court, the  
Commission in clause (2) shall also include the Chief Justice of the  
Federal Shariat Court and the most senior Judge of that Court as its  
members: 
Provided that for appointment of Chief Justice of Federal Shariat  
Court, the provisos to clause (5) shall, mutatis mutandis, apply. 
(8) The  Commission  by  majority  of  its  total  membership  shall 
nominate  to  the  Parliamentary  Committee  one  person,  for  each 
vacancy of a Judge in the Supreme Court, a High Court or the Federal  
Shariat Court, as the case may be 2[.]
(9) The  Parliamentary  Committee,  hereinafter  in  this  Article 
referred  to  as  the  Committee,  shall  consist  of  the  following  eight 
members, namely:− 
(i) four members from the Senate; and 
(ii) four members from the National Assembly 3[:] 
4[Provided that when the National Assembly is dissolved, the total  
membership  of  the  Parliamentary  Committee  shall  consist  of  the 
members from the Senate only mentioned in paragraph (i) and the  
provisions of this Article shall, mutatis mutandis, apply.] 
(10) Out of the eight members of the Committee, four shall be from 
the  Treasury  Benches,  two  from  each  House  and  four  from  the 
Opposition  Benches,  two  from  each  House.  The  nomination  of 
1Inserted ibid.
2The full stop replaced for the “semi-colon” for purposes of editing.
3Substituted for the “full-stop” by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011);  
assented to by the President on 1 January 2011; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 4 January 2011, pp. 1-4, s. 4.
4Inserted ibid. 
Constitution: (Amendment) Order, 2007 | 89
members from the Treasury Benches shall be made by the Leader of  
the House and from the Opposition Benches by the Leader of the  
Opposition. 
(11)  Secretary,  Senate  shall  act  as  the  Secretary  of  the 
Committee. 
(12)  The  Committee  on  receipt  of  a  nomination  from  the 
Commission  may  confirm  the  nominee  by  majority  of  its  total 
membership within fourteen days, failing which the nomination shall  
be deemed to have been confirmed: 
1[Provided that the Committee, for reasons to be recorded, may  
not  confirm  the  nomination  by  three-fourth  majority  of  its  total 
membership within the said period:]
2[Provided  further  that  if  a  nomination  is  not  confirmed  by  the 
Committee it shall forward its decision with reasons so recorded to the  
Commission through the Prime Minister: 
Provided  further  that  if  a  nomination  is  not  confirmed,  the 
Commission shall send another nomination.]
3[(13) The Committee shall send the name of the nominee confirmed  
by it or deemed to have been confirmed to the Prime Minister who  
shall forward the same to the President for appointment.]
(14)  No  action  or  decision  taken  by  the  Commission  or  a 
Committee shall be invalid or called in question only on the ground of  
the existence of a vacancy therein or of the absence of any member  
from any meeting thereof.
 4[(15) The meetings of the Committee shall be held in camera and  
the record of its proceedings shall be maintained.
(16) The provisions of Article 68 shall not apply to the proceedings  
of the Committee.]
 5[(17)] The Committee may make rules for regulating its procedure.]
Chapter 2
    Supreme Court of Pakistan
176. Constitution of Supreme Court .− The Supreme Court shall  
consist of a Chief Justice to be known as the Chief Justice of Pakistan  
1Substituted ibid. 
2Inserted ibid.
3Substituted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by  
the President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 2011, pp. 1-4, s. 4.
4Inserted ibid.
5The exiting clause “(15)” was renumbered ibid. 
The
90 | Constitution: (Amendment) Order, 2007
and so many other Judges as may be determined by Act of 1[Majlis-e-
Shoora (Parliament)] or, until so determined, as may be fixed by the  
President.
177. Appointment of Supreme Court Judges .− 2[(1) The Chief  
Justice of Pakistan and each of the other Judges of the Supreme  
Court shall be appointed by the President in accordance with Article  
175A.]
(2) A person shall not be appointed a Judge of the Supreme Court  
unless he is a citizen of Pakistan and −
(a) has for a period of, or for periods aggregating, not less than 
five years been a judge of a High Court (including a High  
Court  which  existed  in  Pakistan  at  any  time  before  the 
commencing day); or 
(b) has for a period of, or for periods aggregating not less than  
fifteen years been an advocate of a High Court (including a  
High Court which existed in Pakistan at any time before the 
commencing day). 
178. Oath of Office.− Before  entering  upon  office,  the  Chief 
Justice of Pakistan shall make before the President, and any other  
Judge of the Supreme Court shall make before the Chief Justice, oath  
in the form set out in the Third Schedule. 
 3[179. Retiring age.− A Judge of the Supreme Court shall hold office  
until he attains the age of sixty-five years, unless he sooner resigns or  
is removed from office in accordance with the Constitution.]
180. Acting Chief Justice.− At any time when − 
(a) the office of Chief Justice of Pakistan is vacant; or
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 68.
3Substituted by the Constitution  (Seventeenth Amendment) Act, 2003 (III of 2003) ; assented to 
by the President on 31 December 2003; and, published the same day in the Gazette of Pakistan 
(Extraordinary), dated: 31 December 2003, pp. 149-153, s. 6. The existing age of “sixty five  
years” was earlier substituted as “sixty eight years” by the Legal Framework Order (Amendment)  
Order, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated:  
9 October  2002,  pp.  1295-1297, Article 2.  The said  Order was declared  as without lawful 
authority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth  
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.  
Under Article 267B, Article 179 shall be deemed always to have been so substituted: the said  
Article was inserted by the said Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), s.  
93. 
Constitution: (Amendment) Order, 2007 | 91
(b) the  Chief  Justice  of  Pakistan  is  absent  or  is  unable  to 
perform the functions of his office due to any other cause,
the President shall appoint 1[the most senior of the other Judges of the 
Supreme Court] to act as Chief Justice of Pakistan.
181. Acting Judges.− (1) At any time when − 
(a) the office of a Judge of the Supreme Court is vacant; or 
(b) a Judge of the Supreme Court is absent or is unable to  
perform the functions of his office due to any other cause, 
the President may, in the manner provided in clause (1) of Article 177,  
appoint a Judge of a High Court who is qualified for appointment as a  
Judge of the Supreme Court to act temporarily as a Judge of the  
Supreme Court. 
2[Explanation.− In this clause, 'Judge of a High Court' includes a  
person who has retired as a Judge of a High Court.]
(2) An appointment under this Article shall continue in force until it  
is revoked by the President.
182. Appointment of ad hoc Judges.− If  at  any  time  it  is  not 
possible for want of quorum of Judges of the Supreme Court to hold or 
continue  any  sitting  of  the  Court,  or  for  any  other  reason  it  is 
necessary  to  increase  temporarily  the  number  of  Judges  of  the 
Supreme Court, the Chief Justice of Pakistan  3[, in consultation with  
the Judicial Commission as provided in clause (2) of Article 175A,]  
may, in writing, − 
(a) with the approval of the President, request any person who  
has  held  the  office  of  a  Judge  of that Court  and  since 
1Substituted 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” by the Revival of the 
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan  
(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule: the Order  
came into force on 2 March 1985 and was saved under Article 270A of the Constitution. The  
words “the most senior of the other Judges of the Supreme Court” were substituted by the  
Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13  
September  1976;  and,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  dated:  15 
September 1976, pp. 511-515, s. 6.
2Added by the Constitution  (Amendment) Order, 1982 (P.O. No. 2 of 1982), published in the  
Gazette of Pakistan (Extraordinary), dated: 28 February 1982, p. 3, Article 2. The Order was first  
validated under Article 270A, inserted by the by the Revival of the Constitution of 1973 Order,  
1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17  
March 1985, pp. 185-227, Article 2 read with the Schedule, item 52: the Order came into force  
on 2 March 1985 and was saved under Article 270A of the Constitution. It was substituted by the  
Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the President on 9  
November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November  
1985, pp. 403-410, s. 19.
3Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the  
President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4  
January 2011, pp. 1-4, s. 5.
92 | Constitution: (Amendment) Order, 2007
whose  ceasing  to  hold  that office  three  years  have  not 
elapsed; or 
(b) with the approval of the President and with the consent of  
the Chief justice of a High Court, require a Judge of that  
Court qualified for appointment as a Judge of the Supreme  
Court, 
to attend sittings of the Supreme Court as an ad hoc Judge for such  
period as may be necessary and while so attending an ad hoc Judge 
shall have the same power and jurisdiction as a Judge of the Supreme 
Court. 
183. Seat of the Supreme Court .− (1) The permanent seat of the  
Supreme Court shall, subject to clause (3), be at Islamabad. 
(2) The Supreme Court may from time to time to time sit in such  
other places as the Chief Justice of Pakistan, with the approval of the  
President, may appoint. 
(3) Until provision is made for establishing the Supreme Court at  
Islamabad,  the  seat  of  the  Court  shall  be  at  such  place  as  the 
President may appoint. 
184. Original jurisdiction of Supreme Court .− (1) The Supreme  
Court  shall,  to  the  exclusion  of  every  other  court,  have  original 
jurisdiction in any dispute between any two or more Governments. 
Explanation.− In this clause, "Governments" means the Federal  
Government and the Provincial Governments. 
(2) In the exercise of the jurisdiction conferred on it by clause (1),  
the Supreme Court shall pronounce declaratory judgments only. 
(3) Without prejudice to the provisions of Article 199, the Supreme  
Court shall, if it considers that a question of public importance with  
reference  to  the  enforcement  of  any  of  the  Fundamental  Rights 
conferred by Chapter I of Part II is involved, have the power to make  
an order of the nature mentioned in the said Article. 
185. Appellate Jurisdiction of Supreme Court .− (1) Subject to  
this Article, the Supreme Court shall have jurisdiction  to hear and  
determine appeals from judgments, decrees, final orders or sentences  
of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment,  
decree, final order or sentence of a High Court −
(a) if  the  High  Court  has  on  appeal  reversed  an  order  of 
acquittal of an accused person and sentenced him to death 
or to transportation for life or imprisonment for life; or, on  
revision,  has  enhanced  a  sentence  to  a  sentence  as 
aforesaid; or 
Constitution: (Amendment) Order, 2007 | 93
(b) if the High Court has withdrawn for trial before itself any  
case from any court subordinate to it and has in such trial  
convicted  the  accused  person  and  sentenced  him  as 
aforesaid; or 
(c) if  the  High  Court  has  imposed  any  punishment  on  any 
person for contempt of the High Court; or 
(d) if the amount or value of the subject matter of the dispute in 
the court of first instance was, and also in dispute in appeal 
is, not less than fifty thousand rupees or such other sum as  
may be specified in that behalf by Act of 1[Majlis-e-Shoora 
(Parliament)]  and  the  judgment,  decree  or  final  order 
appealed  from  has  varied  or  set  aside  the  judgment, 
decree or final order of the court immediately below; or 
(e) if the judgment, decree or final order involves directly or  
indirectly some claim or question respecting property of the  
like  amount  or  value  and  the  judgment,  decree  or  final 
order appealed from has varied or set aside the judgment,  
decree or final order of the court immediately below; or 
(f) if  the  High  Court  certifies  that  the  case  involves  a 
substantial question of law as to the interpretation of the  
Constitution. 
(3) An appeal to the Supreme Court from a judgment, decree,  
order or sentence of a High Court in a case to which clause (2) does  
not apply shall lie only if the Supreme Court grants leave to appeal. 
186. Advisory  Jurisdiction.− (1)  If,  at  any  time,  the  President 
considers that it is desirable to obtain the opinion of the Supreme  
Court on any question of law which he considers of public importance,  
he may refer the question to the Supreme Court for consideration. 
(2) The Supreme Court shall consider a question so referred and  
report its opinion on the question to the President. 
 2[186A. Power of Supreme Court to transfer cases .− (1)  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.]
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published 
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 36: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
94 | Constitution: (Amendment) Order, 2007
187. Issue and execution of processes of Supreme Court .− 
(1)  1[Subject to clause (2) of Article 175, the] Supreme Court shall  
have power to issue such directions, orders or decrees as may be  
necessary for doing complete justice in any case or matter pending  
before it, including an order for the purpose of securing the attendance 
of any person or the discovery or production of any document. 
(2) Any  such  direction,  order  or  decree  shall  be  enforceable 
throughout  Pakistan  and  shall,  where  it  is  to  be  executed  in  a 
Province, or a territory or an area not forming part of a Province but  
within the jurisdiction of the High Court of the Province, be executed  
as if it had been issued by the High Court of that Province. 
(3) If a question arises as to which High Court shall give effect to a 
direction, order or decree of the Supreme Court, the decision of the  
Supreme Court on the question shall be final. 
188. Review of judgments or orders by the Supreme Court .− 
The Supreme Court shall have power, subject to the provisions of any  
Act of  2[Majlis-e-Shoora (Parliament)] and of any rules made by the  
Supreme  Court, to review  any judgment pronounced  or any order  
made by it. 
189. Decisions of Supreme Court binding on other courts .− 
Any decision of the Supreme Court shall, to the extent that it decides a 
question of law or is based upon or enunciates a principle of law, be  
binding on all other courts in Pakistan. 
190. Action in aid of Supreme Court.− All executive and judicial  
authorities throughout Pakistan shall act in aid of the Supreme Court. 
191. Rules of Procedure .− Subject to the Constitution  and law, the  
Supreme Court may make rules regulating the practice and procedure  
of the Court.
Chapter 3
    High Courts
192. Constitution of High Court.− (1) A High Court shall consist of 
a Chief Justice and so many other Judges as may be determined by  
law or, until so determined, as may be fixed by the President. 
1Substituted for the word “The” by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976);  
assented to by the President on 13 September 1976; and, published in the Gazette of Pakistan  
(Extraordinary), dated:  15 September 1976, pp. 511-515, s. 7.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
The
Constitution: (Amendment) Order, 2007 | 95
1[(2) The Sindh and Balochistan High Court shall cease to function  
as a common High Court for the Provinces of Balochistan and Sindh. 
(3) The President shall, by Order 2, establish a High Court for each  
of  the  Provinces  of  Balochistan  and  Sindh   and  may  make  such 
provision in the Order for the principal seats of the two High Courts,  
transfer of the Judges of the common High Court, transfer of cases  
pending  in  the  common  High  Court  immediately  before  the 
establishment  of  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.
(4) * * * * * *   * ]
(5)  The  jurisdiction  of  a  High  Court  may,  by  Act  of  3[Majlis-e-
Shoora (Parliament)], be extended to any area in Pakistan not forming  
part of a Province.
193. Appointment of High Court Judges.− 4[(1) The Chief Justice 
and each of other Judges of a High Court shall be appointed by the  
President in accordance with Article 175A.]
(2) A  person  shall  not  be  appointed  a  Judge  of  a  High  Court 
unless he is a citizen of Pakistan, is not less than 5[forty-five] years of 
age, and − 
(a) he has for a period of, or for periods aggregating, not less  
than ten years been an advocate of a High Court (including  
a High Court which existed in Pakistan at any time before  
the commencing day); or
1Clauses  (2)  and  (3)  were  substituted  and  clause  (4)  was  omitted  by  implication  by  the 
Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13  
September  1976;  and,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  dated:  15 
September 1976, pp. 511-515, s. 8: it came into force on 1 December, 1976, subsection (2) of  
section 1 of the said Act.
2Two separate High Courts for the two Provinces were constituted by the Baluchistan and Sind  
(High  Courts)  Order,  1974  (P.O.  No.  6  of  1976),  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 29 November 1976, pp. 595-599. 
3Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 69.
5Substituted ibid, for the word “forty”: it came into force on 21 August 2002. The then existing age 
of `forty’ was earlier substituted as `forty five years’ by the Legal Framework Order (Amendment)  
Order, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated:  
9 October  2002,  pp.  1295-1297, Article 2.  The said  Order was declared  as without lawful 
authority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth  
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.
96 | Constitution: (Amendment) Order, 2007
(b) he is, and has for a period of not less than ten years been,  
a  member  of  a  civil  service  prescribed  by  law  for  the 
purposes of this paragraph, and has, for a period of not  
less than three years, served as or exercised the functions  
of a District Judge in Pakistan; or
(c) he has, for a period  of not less than ten years, held  a  
judicial office in Pakistan.
1[Explanation.− In computing the period during which a person has 
been an advocate of a High Court or held judicial office, there shall be  
included any period during which he has held judicial office after he  
became an advocate or, as the case may be, the period during which  
he has been an advocate after having held judicial office.]
(3) In this Article, "District Judge" means Judge of a principal civil  
court of original jurisdiction. 
194. Oath of Office .− Before entering upon office, the Chief Justice  
of a High Court shall make before the Governor, and any other Judge  
of the Court shall make before the Chief Justice, oath in the form set  
out in the Third Schedule 2[:]
3[Provided that the Chief Justice of the Islamabad High Court shall  
make oath before the President and other Judges of that Court shall  
make oath before the Chief Justice of the Islamabad High Court.]
 4[195. Retiring age.− A Judge of the High Court shall hold office until  
he attains the age of sixty-two years, unless he sooner resigns or is  
removed from office in accordance with the Constitution.]
196. Acting Chief Justice.− At any time when − 
(a) the office of Chief Justice of a High Court is vacant, or
1Added by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 8.
2Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 70.
3Added ibid. 
4Substituted by the Constitution  (Seventeenth Amendment) Act, 2003 (III of 2003) ; assented to 
by the President on 31 December 2003; and, published the same day in the Gazette of Pakistan 
(Extraordinary), dated: 31 December 2003, pp. 149-153, s. 7. The existing age of `sixty two  
years’ was earlier substituted as ‘sixty five years’ by the Legal Framework Order (Amendment)  
Order, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated:  
9 October  2002,  pp.  1295-1297, Article 2.  The said  Order was declared  as without lawful 
authority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth  
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.  
Under Article 267B, Article 195 shall be deemed always to have been so substituted: the said  
Article was inserted by the said Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), s.  
93.  
Constitution: (Amendment) Order, 2007 | 97
(b) the Chief Justice of a High Court is absent or is unable to  
perform the functions of his office due to any other cause,  
the President shall appoint 1[one of the other Judges of the  
High  Court,  or  may  request  one  of  the  Judges  of  the 
Supreme Court,] to act as Chief Justice.
197. Additional Judges.− At any time when − 
(a) the office of a Judge of a High Court is vacant; or
(b) a Judge of a High Court is absent or is unable to perform  
the functions of his office due to any other cause; or
(c) for any reason it is necessary to increase the number of  
Judges of a High Court, the President may, in the manner  
provided  in  clause  (1)  of  Article  193,  appoint  a  person 
qualified for appointment as a Judge of the High Court to  
be Additional Judge of the Court for such period as the  
President  may determine,  being  a period not exceeding 
such period, if any, as may be prescribed by law.
198. Seat of the High Court .− 2[(1)] Each High Court in existence  
immediately before the commencing day shall continue to have its  
principal seat at the place where it had such seat before that day. 
3[(1A) The High Court for Islamabad Capital Territory shall have its  
principal seat at Islamabad.]
4[(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. 
1Substituted 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” by the Revival of the  
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan  
(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 38:  
the  Order  came  into  force  on  2  March  1985  and  was  saved  under  Article  270A  of  the 
Constitution.  Earlier, the original words “the most senior of the other Judges of the High Court”  
were substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by  
the President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 10.
2The existing clause was renumbered by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 39: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 71.
4Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 39: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
98 | Constitution: (Amendment) Order, 2007
(3) The  Lahore  High  Court  shall  have  a  Bench  each  at 
Bahawalpur, Multan and Rawalpindi; the High Court of Sindh shall  
have a Bench at Sukkur; the Peshawar High Court shall have a Bench  
each at Abbottabad  1[, Mingora] and Dera Ismail Khan and the High  
Court of Balochistan shall have a Bench at Sibi 2[and Turbat]. 
(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 such of the Judges of the High Court as may be  
nominated by the Chief Justice from time to time for a period of not  
less than one year. 
(6) The Governor in consultation with the Chief Justice of the High  
Court shall make rules to provide the following matters, that is to say,− 
(a) assigning the area in relation to which each Bench shall  
exercise jurisdiction vested in the High Court; and
(b) for all incidental, supplemental or consequential matters.]
199. Jurisdiction of High Court.− (1) Subject to the Constitution, a 
High Court may, if it is satisfied that no other adequate remedy is  
provided by law,− 
(a) on the application of any aggrieved party, make an order − 
(i) directing  a  person  performing,  within  the  territorial 
jurisdiction  of the Court, functions in connection with  
the  affairs  of  the  Federation,  a  Province  or  a  local 
authority,  to  refrain  from  doing  anything  he  is  not 
permitted by law to do, or to do anything he is required  
by law to do; or 
(ii) declaring that any act done or proceeding taken within  
the  territorial  jurisdiction  of  the  Court  by  a  person 
performing functions in connection with the affairs of  
the Federation, a Province or a local authority has been 
done or taken without lawful authority and is of no legal  
effect; or 
(b) on the application of any person, make an order − 
(i) directing that a person in custody within the territorial  
jurisdiction of the Court be brought before it so that the  
Court  may satisfy  itself that he  is  not  being  held  in 
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 71.2Added ibid.
Constitution: (Amendment) Order, 2007 | 99
custody  without  lawful  authority or  in  an  unlawful 
manner; or 
(ii) requiring a person within the territorial jurisdiction of the  
Court holding or purporting to hold a public office to  
show under what authority of law he claims to hold that  
office; or 
(c) on the application of any aggrieved person, make an order  
giving such directions to any person or authority , including 
any Government exercising any power or performing any  
function  in,  or  in  relation  to,  any  territory  within  the 
jurisdiction  of  that  Court  as  may  be  appropriate  for  the 
enforcement of any of the Fundamental Rights conferred  
by Chapter 1 of Part II. 
(2) Subject to the Constitution , the right to move a High Court for  
the  enforcement  of  any  of  the  Fundamental  Rights  conferred  by 
Chapter 1 of Part II shall not be abridged. 
 1[(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.]
    2[(3A)   * * * * * *   * ] 
 (3B)   * * * * * *   * ]
     (3C)   * * * * * *   * ]
(4) Where − 
(a) an application is made to a High Court for an order under  
paragraph (a) or paragraph (c) of clause (1), and 
1Substituted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by  
the President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 9.
2Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 40: the Order came into force on 2 March 1985 and was saved under 
Article  270A  of  the  Constitution.  Clause  (3A)  was  inserted  by  the  Constitution  (Fourth 
Amendment) Act, 1975 (LXXI of 1975); assented to by the President on 21 November 1975; and, 
published in the Gazette of Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s.  
8.  Later,  the  said  clause  (3A)  was  substituted  and  clauses  (3B)  and  (3C),  added  by  the 
Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13  
September  1976;  and,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  dated:  15 
September 1975, pp. 511-515, s. 11. For the latest version of clauses (3A), (3B) and (3C), see  
the Constitution (Amendment) Order, 1980 (I of 1980), issued by the President on 26 May 1980  
and was published in the Gazette of Pakistan (Extraordinary), dated: 27 May 1980, pp. 59-64,  
Article 2.
100 | Constitution: (Amendment) Order, 2007
(b) the making of an interim order would have the effect of  
prejudicing or interfering with the carrying out of a public  
work or of otherwise being harmful to the public interest 1[or 
State property] or of impeding the assessment or collection  
of public revenues, 
the Court shall not make an interim order unless the prescribed 
law officer has been given notice of the application and he or  
any  person  authorised  by  him  in  that  behalf  has  had  an 
opportunity of being heard and the Court, for reasons to be  
recorded in writing, is satisfied that the interim order − 
(i) would not have such effect as aforesaid; or
(ii) would  have  the  effect  of  suspending  an  order  or 
proceeding which on the face of the record is without  
jurisdiction.
2[(4A) An interim order made by a High Court on an application  
made to it to question the validity or legal effect of any order made,  
proceeding taken or act done by any authority  or person, which has  
been made, taken or done or purports to have been made, taken or  
done under any law which is specified in Part I of the First Schedule or 
relates  to,  or  is  connected  with,  State  property  or  assessment  or 
collection  of  public  revenues  shall  cease  to  have  effect  on  the 
expiration of a period of six months following the day on which it is  
made: 
Provided that the matter shall be finally decided by the High Court  
within six months from the date on which the interim order is made.]
3[(4B) Every case in which, on an application under clause (1),  the  
High Court has made an interim order shall be disposed of by the High 
Court on merits within six months from the day on which it is made,  
unless the High Court is prevented from doing so for sufficient cause  
to be recorded.]
(5) In this Article, unless the context otherwise requires,−
1Inserted ibid.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 72. It was earlier inserted by the Constitution (Fourth Amendment)  
Act, 1975 (LXXI of 1975); assented to by the President on 21 November 1975; and,  published in 
the Gazette of Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 8.
3Subsection 4(b)  was omitted  by  the Legal Framework Order,  2002 (C.E.  No. 24 of 2002 , 
published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-1049,  
Article 3 read with  the Schedule, item  18. The said Order was  declared  as  without lawful  
authority and  of  no  legal  effect  by  Article  270AA:  it  was  substituted  by  the  Constitution 
(Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s.  
2. It was originally inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 
1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227,  
Article 2 read with the Schedule, item 40: the Order came into force on 2 March 1985 and was 
saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 101
"person" includes any body politic or corporate, any authority  
of or under the control  of the Federal  Government or of a  
Provincial Government, and any Court or tribunal, other than  
the  Supreme  Court,  a  High  Court  or  a  Court  or  tribunal 
established  under  a  law  relating  to  the  Armed  Forces  of 
Pakistan; and
"prescribed law officer" means −
(a) in  relation  to  an  application  affecting  the  Federal  
Government or an authority  of or under the control of the  
Federal Government, the Attorney-General, and
(b) in any other case, the Advocate-General for the Province in 
which the application is made. 
200. Transfer of High Court Judges .− (1) The President may  
transfer a Judge of a High Court from one High Court to another High  
Court, but no Judge shall be so transferred except with his consent  
and  after  consultation  by  the  President  with  the  Chief  Justice  of 
Pakistan and the Chief Justices of both High Courts 1[:] 
  2[ * * * * * *     * *  *  ]
3[Explanation.− In this Article, "Judge" does not include a Chief  
Justice  4[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].]
5[(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,  
1Substituted for the “full stop” by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976) ; 
assented to by the President on 13 September 1976; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 15 September 1976, pp. 511-515, s. 12.
2Proviso  was  omitted  by  the  Constitution (Eighteenth  Amendment)  Act,  2010  (X  of  2010); 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 73. It was earlier added by the Constitution  
(Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the President on 13 September  
1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 15 September 1976, pp.  
511-515, s. 12.
3Added by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976);  assented to by the  
President on 13 September 1976; and , published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 12: it came into force on 1 December 1976.
4Added by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of 1985), published in  
the Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article 3: the Order  
was saved under Article 270A of the Constitution.
5Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 41: the Order came into force on 2 March 1985 and was saved 
under Article 270A of the Constitution.
102 | Constitution: (Amendment) Order, 2007
be entitled to such allowances and privileges, in addition to his salary,  
as the President may, by Order, determine.] 
1[(3)  If  at  any  time  it  is  necessary  for  any  reason  to  increase 
temporarily the number of Judges of a High Court, the Chief Justice of  
that Court may require a Judge of any other High Court to attend  
sittings of the former High Court for such period as may be necessary  
and, while so attending the sittings of the High Court, the Judge shall  
have the same power and jurisdiction as a Judge of that High Court: 
Provided that a Judge shall not be so required except with his  
consent and the approval of the President and after consultation with  
the Chief Justice of Pakistan and the Chief Justice of the High Court of 
which he is a Judge.]
2[Explanation.− In this Article, "High Court" includes a Bench of a  
High Court.]
3[(4)   *  * * * *     *        * ] 
201. Decision of High Court binding on subordinate courts .− 
Subject to Article 189, any decision of a High Court shall, to the extent  
that it decides a question of law or is based upon or enunciates a  
principle of law, be binding on all courts subordinate to it. 
202. Rules of procedure .− Subject to the Constitution  and law, a  
High Court may make rules regulating the practice and procedure of  
the Court or of any court subordinate to it. 
203. High Court to superintend subordinate courts .− Each  
High Court shall supervise and control all courts subordinate to it.
4[Chapter 3A
Federal Shariat Court
1Added by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the  
President on 4 May 1974; and,  published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 10.2Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 41: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
3Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 73. It was earlier added by the Constitution (Third Amendment)  
Order, 1985 (P. O. No. 24 of 1985), published in the Gazette of Pakistan (Extraordinary), dated:  
19  March  1985,  pp.  237-239,  Article  3:  the  Order  was  saved  under  Article  270A  of  the 
Constitution.
4Substituted by the Constitution  (Amendment) Order, 1980 (P. O. No. 1 of 1980), issued by the  
President on 26 May 1980 and was published in the Gazette of Pakistan (Extraordinary), dated:  
27 May 1980, pp. 59-64, Article 3. It was originally inserted by the Constitution (Amendment)  
Order, 1979 (P.O. No. 3 of 1979), published in the Gazette of Pakistan (Extraordinary), dated: 7  
February 1979, pp. 29-32, Article 2: it came into force on 10 February 1979, Article 1(2). Both the 
Orders were saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 103
203A. Provisions of Chapter to override other provisions of  
Constitution.− The  provisions  of  this  Chapter  shall  have  effect 
notwithstanding anything contained in the Constitution. 
203B. Definitions.− In  this  Chapter,  unless  there  is  anything 
repugnant in the subject or context,− 
 1[(a) ‘Chief Justice’  means Chief Justice of the Court;]
(b) "Court"  means  the  Federal  Shariat  Court  constituted  in 
pursuance of Article 203C;
2[(bb) ‘Judge’  means Judge of the Court;]
(c) "law" includes any custom or usage having the force of law  
but does  3[not] include the Constitution , Muslim personal  
law,  any  law  relating  to  the  procedure  of  any  court  or 
tribunal  or,  until  the  expiration  of  4[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
5[(d) * * * * * *      ]
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. 
1Substituted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued  
by  the  President  on  22  March  1982  and  was  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article  
270A of the Constitution.
2Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article 270A of the  
Constitution.
3The word “not” has been added during editing in the light of the import of the text.
4Substituted for the word “five” by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No.  
14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.  
185-227, Article 2 read with the Schedule, item 42: the Order came into force on 2 March 1985.  
The word “four” was substituted by the Constitution (Second Amendment) Order, 1984 (P. O.  
No. 2 of 1984), published in the Gazette of Pakistan (Extraordinary), dated: 26 April 1984, pp.  
71-72, Article 2. The word “three” was substituted by Constitution (Second Amendment) Order,  
1983 (P. O. No. 7 of 1983), published in the Gazette of Pakistan (Extraordinary), dated: 19 May  
1983, p. 87, Article 2: the said three Orders were saved under Article 270A of the Constitution.
5Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article 270A of the  
Constitution.  
104 | Constitution: (Amendment) Order, 2007
1[(2) The Court shall consist of not more than eight Muslim 2[Judges], 
including the  3[Chief Justice], to be appointed by the President  4[in 
accordance with Article 175A].]
5[(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 6[having at least fifteen years  
experience in Islamic law, research or instruction].]
(4) The 7[Chief Justice] and a 8[Judge] shall hold office for a period  
not exceeding three years, but may be appointed for such further term  
or terms as the President may determine: 
Provided that a Judge of a High Court shall not be appointed to be  
a 9[Judge] 10[* * * *] except with his consent and  11[, except where the  
Judge is himself the Chief Justice,] after consultation by the President  
with the Chief Justice of the High Court.
1Substituted  by  the  Constitution (Second  Amendment)  Order,  1981  (P.O.  No.  7  of  1981), 
published in the Gazette of Pakistan (Extraordinary), dated: 27 May 1981, p. 107, Article 2: the  
Order was saved under Article 270A of the Constitution.
2Substituted for the word “members” by the Constitution  (Second Amendment) Order, 1982 (P.  
O. No. 5 of 1982), issued by the President on 22 March 1982 and was published in the Gazette  
of Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved  
under Article 270A of the Constitution.
3Substituted ibid, for the word “Chairman”.
4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 74.
5Substituted  by  the  Constitution (Third  Amendment)  Order,  1985  (P.  O.  No.  24  of  1985), 
published in the Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article  
4: the Order was saved under Article 270A of the Constitution.
6Substituted for the words “who are well-versed in Islamic law” by the Constitution  (Eighteenth 
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 74.
7Substituted for the word “Chairman” by the Constitution  (Second Amendment) Order, 1982 (P.  
O. No. 5 of 1982), issued by the President on 22 March 1982 and was published in the Gazette 
of Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved  
under Article 270A of the Constitution.
8Substituted ibid, for the word “member”.
9Ibid.
10The words “for a period exceeding two years” were omitted by the Constitution  (Eighteenth 
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 74.
11Inserted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published 
in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-108, Article 2.
Constitution: (Amendment) Order, 2007 | 105
1[(4A) The  2[Chief Justice], if he is not a Judge of the Supreme  
Court, and a  3[Judge] who is not a Judge of a High Court, may, by  
writing under his hand addressed to the President, resign his office.]
4[(4B) The Chief Justice and a Judge shall not be removed from  
office except in the like manner and on the like grounds as a Judge of  
the Supreme Court.]
 5[(4C)  * * * * * * *   ] 
 6[(5)  * * * * * *         * ]
  (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  
7[Chief Justice] may, with the approval of the President, appoint. 
(7) Before entering upon office, the 8[Chief Justice] and a 9[Judge] 
shall make before the President or a person nominated by him oath in  
the form set out in the Third Schedule.
 (8) At any time when the  10[Chief Justice] or a  11[Judge]  is  
absent or is unable to perform the functions of his office, the President  
shall appoint another person qualified for the purpose to act as 12[Chief 
Justice] or, as the case may be, 13[Judge]. 
1Ibid.
2Substituted ibid, for the word “Chairman”, Article 3.
3Substituted ibid, for the word “member”.
4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 74. It was earlier inserted by the Revival of the Constitution of  
1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary),  
dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 43: the Order came 
into force on 2 March 1985 and was saved under Article 270A of the Constitution.
5Omitted ibid. It was earlier inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O.  
No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.  
185-227, Article 2 read with the Schedule, item 43: the Order came into force on 2 March 1985  
and was saved under Article 270A of the Constitution.
6Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 74. 
7Substituted for the word “Chairman” by the Constitution  (Second Amendment) Order, 1982 (P.  
O. No. 5 of 1982),  issued by the President on 22 March 1982 and was published in the Gazette 
of Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved  
under Article 270A of the Constitution.
8Ibid.
9Ibid, for the word “member”.
10Ibid, for the word “Chairman”.
11Ibid, for the word “member”.
12Ibid, for the word “Chairman”.
13Ibid, for the word “member”.
106 | Constitution: (Amendment) Order, 2007
1[(9) A Chief Justice who is not a Judge of the Supreme Court shall  
be entitled to the same remuneration, allowances and privileges as  
are admissible to a Judge of the Supreme Court and a Judge who is  
not  a  Judge  of  a  High  Court  shall  be  entitled  to  the  same 
remuneration, allowances and privileges as are admissible to a Judge  
of a High Court: 
Provided that where a Judge is already drawing a pension  for any 
other post in the service of Pakistan, the amount of such pension shall  
be deducted from the pension admissible under this clause.]
  2[203CC.  Panel of Ulema and Ulema members.−  *   * *   ]
203D. Powers, jurisdiction and functions of the Court .− (1)  
The Court may, 3[either of its own motion or] on the petition of a citizen  
of Pakistan or the Federal Government or a Provincial Government,  
examine and decide the question whether or not any law or provision  
of law is repugnant to the Injunctions of Islam, as laid down in the Holy 
Quran and the Sunnah of the Holy Prophet, hereinafter referred to as  
the Injunctions of Islam. 
4[(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 5[* * *  * * *],  
or to the Provincial Government in the case of a law with respect to a  
matter  not  enumerated  6[in  the  Federal  Legislative  List],  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.] 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 74: it came into force on 21 August 2002. 2Omitted by the Constitution (Second Amendment) Order, 1981 (P. O. No. 7 of 1981), published  
in the Gazette of Pakistan (Extraordinary), dated: 27 May 1981, p. 107, Article 3. It was earlier  
inserted by the Constitution (Amendment) Order, 1981 (P. O. No. 5 of 1981), published in the  
Gazette of Pakistan (Extraordinary), dated:  13 April 1981, pp. 73-74, Article 2: both the Orders  
were saved under Article 270A of the Constitution.
3Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 4: the Order was saved under Article 270A of the  
Constitution.
4Inserted by the Constitution  (Amendment) Order, 1984 (P. O. No. 1 of 1984), published in the  
Gazette of Pakistan (Extraordinary), dated: 14 February 1984, pp. 27-28, Article 2: the Order  
was saved under Article 270A of the Constitution.
5The words “or the Concurrent Legislative List” were omitted by the Constitution  (Eighteenth 
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 75.
6Substituted ibid, for the words “in the either of those Lists”.
Constitution: (Amendment) Order, 2007 | 107
(2) If  the  Court  decides  that  any  law  or  provision  of  law  is 
repugnant to the Injunctions of Islam, it shall set out in its decision −
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant;  
and specify the day on which the decision shall take effect  
[:]1
2[Provided that no such decision shall be deemed to take effect  
before the expiration of the period within which an appeal therefrom  
may be preferred to the Supreme Court or, where an appeal has been  
so preferred, before the disposal of such appeal.]
(3) If  any  law  or  provision  of  law  is  held  by  the  Court  to  be 
repugnant to the Injunctions of Islam,− 
(a) the President in the case of a law with respect to a matter  
in the Federal Legislative List [or the Concurrent Legislative 
List]3, or the Governor in the case of a law with respect to a  
matter not enumerated [in either of those Lists] 4, 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.
5[(4) * * * * * *     *   ]
 6[203DD. Revisional and other jurisdiction of the Court .− (1)  
The Court may call for and examine the record of any case decided by 
1Substituted for the “full-stop” by the Constitution  (Amendment) Order, 1984 (P. O. No. 1 of  
1984), published in the Gazette of Pakistan (Extraordinary), dated: 14 February 1984, pp. 27-28,  
Article 2: it came into force from the date of the commencement of the Constitution i.e. 14 August 
1973: the Order was saved under Article 270A of the Constitution.
2Added ibid. 
3As  a  consequence  of  the  omission  of  the  Concurrent  Legislative  List  by  the  Constitution 
(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s.  
101, the expression “or the Concurrent Legislative List” may be construed as `omitted’ on the  
principle of consistency.
4As  a  consequence  of  the  omission  of  the  Concurrent  Legislative  List  by  the  Constitution 
(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s.  
101, the expression “in either of those Lists” may be construed as “in the Federal Legislative List” 
on the principle of consistency.
5Omitted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published  
in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-108, Article 3: the Order 
was saved under Article 270A of the Constitution.
6Substituted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued  
by  the  President  on  22  March  1982  and  was  published  in  the  Gazette  of  Pakistan 
(Extraordinary),  dated:  25  March  1982,  pp.  19-21,  Article  5.  It  was  earlier  inserted  by  the 
Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published in the Gazette of 
Pakistan (Extraordinary), dated: 21 June1980, pp.107-108, Article 4: both the Orders were saved 
under Article 270A of the Constitution.
108 | Constitution: (Amendment) Order, 2007
any  criminal  court  under  any  law  relating  to  the  enforcement  of 
Hudood for  the  purpose  of  satisfying  itself  as  to  the  correctness, 
legality  or  propriety  of  any  finding,  sentence  or  order  recorded  or 
passed by, and as to the regularity of any proceedings of, such court  
and may, when calling for such record, direct that the execution of any  
sentence be suspended and, if the accused is in confinement, that he  
be released on bail or on his own bond pending the examination of the 
record.
(2) In any case the record of which has been called for by the  
Court, the Court may pass such order as it may deem fit and may  
enhance the sentence: 
Provided that nothing in this Article shall be deemed to 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.]
203E. Powers  and  procedure  of  the  Court .− (1)  For  the 
purposes of the performance of its functions, the Court shall have the  
powers of a Civil Court trying a suit under the Code of Civil Procedure,  
1908 (Act V of 1908), in respect of the following matters, namely:−
(a) summoning and enforcing the attendance of any person  
and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or  
documents.
(2) The Court shall have power to conduct its proceedings and  
regulate its procedure in all respects as it deems fit.
(3) The Court shall have the power of a High Court to punish its  
own contempt.
(4) A party to any proceedings before the Court under clause (1)  
of Article 203D may be represented by a legal practitioner who is a  
Muslim and has been enrolled as an advocate of a High Court for a  
period of not less than five years or as an advocate of the Supreme  
Court or by a jurisconsult selected by the party from out of a panel of  
jurisconsults maintained by the Court for the purpose.
Constitution: (Amendment) Order, 2007 | 109
(5) For being eligible  to have his name borne on the panel  of  
jurisconsults referred to in clause (4), a person shall be an aalim who,  
in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before  
the Court shall not plead for the party but shall state, expound and  
interpret the Injunctions of Islam relevant to the proceedings so far as  
may be known to him and submit to the Court a written statement of  
his interpretation of such Injunctions of Islam.
(7) The Court may invite any person in Pakistan or abroad whom  
the Court considers to be well-versed in Islamic law to appear before it 
and render such assistance as may be required of him.
(8) No court fee shall  be payable  in respect of any petition  or  
application made to the Court under 1[Article 203D].
 2[(9) The Court shall have power to review any decision given or  
order made by it.]
203F. Appeal  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 3[:]
4[Provided  that  an  appeal  on  behalf  of  the  Federation  or  of  a 
Province may be preferred within six months of such decision.]
(2) The  provisions  of  clauses  (2)  and  (3)  of  Article  203D  and 
clauses (4) to (8) of Article 203E shall apply to and in relation to the  
Supreme Court as if reference in those provisions to Court were a  
reference to the Supreme Court.
5[(2A) An appeal shall lie to the Supreme Court from any judgment,  
final order or sentence of the Federal Shariat Court − 
(a) if the Federal Shariat Court has on appeal reversed an  
order of acquittal of an accused person and sentenced him  
to death or imprisonment for life or imprisonment for a term  
1Substituted for the words “this Article” by the Constitution (Second Amendment) Order, 1980 (P. 
O. No. 4 of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980,  
pp.107-108, Article 5: the Order was saved under Article 270A of the Constitution.
2Added by the Constitution  (Amendment) Order, 1981 (P.O. No. 5 of 1981), published in the  
Gazette of Pakistan (Extraordinary), dated: 13 April 1981, pp. 73-74, Article 3: the Order was  
saved under Article 270A of the Constitution.
3Substituted for the “full-stop” by the Constitution (Third Amendment) Order, 1983 (P. O. No. 9 of 
1983), published in the Gazette of Pakistan (Extraordinary), dated: 28 July 1983, p. 171, Article  
2: the Order was saved under Article 270A of the Constitution.
4Added ibid.
5Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 6: the Order was saved under Article 270A of the  
Constitution.
110 | Constitution: (Amendment) Order, 2007
exceeding fourteen years; or, on revision, has enhanced a  
sentence as aforesaid; or
(b) if the Federal Shariat Court has imposed any punishment  
on any person for contempt of the Court.
 (2B) An appeal to the Supreme Court from a judgment, decision,  
order or sentence of the Federal Shariat Court in a case to which the  
preceding clauses do not apply shall lie only if the Supreme Court  
grants leave to appeal.]
1[(3) For the purpose of the exercise of the jurisdiction conferred by  
this Article, there shall be constituted in the Supreme Court a Bench to 
be called the Shariat Appellate Bench and consisting of −
(a) three Muslim Judges of the Supreme Court; and
(b) not more than two Ulema to be appointed by the President  
to attend sittings of the Bench as ad hoc members thereof 
from amongst the Judges of the Federal Shariat Court or  
from  out  of  a  panel  of  Ulema  to  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.]
203G. Bar of jurisdiction .− Save as provided in Article 203F, no  
court or tribunal, including the Supreme Court and a High Court, shall  
entertain  any  proceedings  or  exercise  any  power  or jurisdiction  in 
respect of any matter within the power or jurisdiction of the Court.
 2[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.]
1Substituted  by  the  Constitution (Third  Amendment)  Order,  1982  (P.  O.  No.  12  of  1982), 
published in the Gazette of Pakistan (Extraordinary), dated: 15 August 1982, pp. 117-118, Article 
2: the Order was saved under Article 270A of the Constitution.2Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 7: the Order was saved under Article 270A of the  
Constitution.
Constitution: (Amendment) Order, 2007 | 111
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  the  Court  for  a  decision  as  to  whether  or  not  a  law  or 
provision of law relevant to the decision of the point in issue in such  
proceedings  is repugnant to the Injunctions of Islam; and all such  
proceedings shall continue, and the point in issue therein shall be  
decided, in accordance with the law for the time being in force.
(2) All  proceedings  under  clause  (1)  of  Article  203A1 of  the  
Constitution that may be pending before any High Court immediately  
before the commencement of this Chapter shall stand transferred to  
the Court and shall be dealt with by the Court from the stage from  
which they are so transferred.
(3) Neither the Court nor the Supreme Court shall in the exercise  
of its jurisdiction under this Chapter have power to grant an injunction  
or make any interim order in relation to any proceedings pending in  
any other court or tribunal.
 2[203I. Administrative arrangements, etc.−    *   *   *          *  ]
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 
jurisconsults,  experts  and  witnesses  summoned  by  the 
Court to defray the expenses, if any, incurred by them in  
attending for the purposes of the proceedings before the  
Court; 3[*] 
1May have to be read as “Article 203D”: Chapter 3A (Federal Shariat Court), earlier inserted by  
the Constitution (Amendment) Order, 1979 (P.O. No. 3 of 1979), published in the Gazette of  
Pakistan (Extraordinary), dated: 7 February 1979, pp. 29-33: it came into force on 10 February  
1979, Article 1(2). It was earlier substituted by the Constitution (Amendment) Order, 1980 (P.O.  
No. 1 of 1980), issued by the President on 26 May 1980 and was published in Gazette of  
Pakistan (Extraordinary) dated: 27 May 1980, pp. 59-65. In clause (2) of Article 203H, the  
expression “Article 203A” has been mentioned in the said Gazette; however, the printed books  
on the Constitution reflect it as Article 203B. In any case, Article 203A and 203B have no nexus  
with the contents in the said clause (2): the natural nexus appears to be with “Article 203D”. 
2Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 8: the Order was saved under Article 270A of the  
Constitution.
3The word “and” was omitted by the Constitution  (Second Amendment) Order, 1980 (P. O. No. 4  
of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-
108, Article 6: the Order was saved under Article 270A of the Constitution.
112 | Constitution: (Amendment) Order, 2007
(b) the form of oath to be made by a jurisconsult,  expert or  
witness appearing before the Court 1[;]
 2[(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
(e) the decision of cases in which the members constituting a  
Bench are equally divided in their opinion.]
(3) Until rules are made under clause (1), the Shariat Benches of  
Superior Courts Rules, 1979, shall, with the necessary modifications  
and so far as they are not inconsistent with the provisions  of this  
Chapter, continue in force.]
Chapter 4
General Provisions relating to the Judicature
3[204. Contempt of Court .− (1)  In  this  Article,  "Court" means  the 
Supreme Court or a High Court. 
(2)  A Court shall have power to punish any person who −
(a) abuses,  interferes  with  or  obstructs  the  process  of  the 
Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which  
tends to bring the Court or a Judge of the Court into hatred, 
ridicule or contempt;
(c) does anything which tends to prejudice the determination  
of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of  
the Court.
(3) The exercise of the power conferred on a Court by this Article  
may be regulated by law and, subject to law, by rules made by the  
Court.]
205. Remuneration,  etc.,  of  Judges .− The  remuneration  and 
other terms and conditions of service of a Judge of the Supreme Court 
or of a High Court shall be as provided in the Fifth Schedule. 
1Substituted ibid, for the “full-stop”.
2Added ibid.
3Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 44: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 113
206. Resignation.− 1[(1)] A Judge of the Supreme Court or of a High  
Court may resign his office by writing under his hand addressed to the  
President. 
2[(2) A Judge of a High Court who does not accept appointment as a  
Judge of the Supreme Court shall be deemed to have retired from his  
office and, on such retirement, shall be entitled to receive a pension  
calculated on the basis of the length of his service as Judge and total  
service, if any, in the service of Pakistan.]
207. Judge not to hold office of profit, etc .− (1) A Judge of the  
Supreme Court or of a High Court shall not −
(a) hold any other office of profit in the service of Pakistan if  
his remuneration is thereby increased; or
(b) occupy  any  other  position  carrying  the  right  to  
remuneration for the rendering of services.
(2) A person who has held office as a Judge of the Supreme Court 
or of a High Court shall not hold any office of profit in the service of  
Pakistan, not being a judicial or  quasi-judicial office or the office of  
Chief  Election  Commissioner  or of  Chairman  or member  of  a  law 
commission  or  of  Chairman  or  member  of  the  Council  of  Islamic 
Ideology, before the expiration of two years after he has ceased to  
hold that office. 
(3) A person who has held office as a permanent Judge − 
(a) of the Supreme Court, shall not plead or act in any Court or 
before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any court or before 
any authority within its jurisdiction; and
(c) of  the  High  Court  of  West  Pakistan  as  it  existed 
immediately before the coming into force of the Province of  
West Pakistan (Dissolution) Order, 1970, shall not plead or  
act  in  any  court  or  before  any  authority within  the  
jurisdiction of the principal seat of that High Court or, as the 
case may be, the Permanent Bench of that High Court to  
which he was assigned.
208. Officers and servants of Courts.−The Supreme Court 3[and 
the Federal Shariat Court], with the approval of the President and a  
High Court, with the approval of the Governor concerned, may make  
1Renumbered by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the 
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 14.2Added ibid.3Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by  
the President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 25 March 1982, pp. 19-21, Article 9: the Order was saved under Article 270A of the  
Constitution.
114 | Constitution: (Amendment) Order, 2007
rules  providing  for  the  appointment  by  the  Court  of  officers  and 
servants  of  the  Court  and  for  their  terms  and  conditions  of 
employment.
209. Supreme Judicial Council .− (1) There shall be a Supreme  
Judicial Council of Pakistan, in this Chapter referred to as the Council. 
(2) The Council shall consist of −
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court;  
and
(c) the two most senior Chief Justices of High Courts.
Explanation.− For the purpose of this clause, the inter se seniority 
of the  Chief  Justices  of the  High  Courts shall  be  determined  with 
reference to their dates of appointment as Chief Justice  1[otherwise 
than  as  acting  Chief  Justice],  and  in  case  the  dates  of  such 
appointment  are  the  same,  with  reference  to  their  dates  of 
appointment as Judges of any of the High Courts.
(3) If  at  any  time  the  Council  is  inquiring  into  the  capacity  or 
conduct of a Judge who is a member of the Council, or a member of  
the Council is absent or is unable to act due to illness or any other  
cause, then − 
(a) if  such  member  is  a  Judge  of  the  Supreme  Court,  the 
Judge of the Supreme Court who is next in seniority below  
the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court, the  
Chief Justice of another High Court who is next in seniority  
amongst the Chief Justices of the remaining High Courts,
shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a  
difference of opinion amongst its members, the opinion of the majority  
shall prevail, and the report of the Council to the President shall be  
expressed in terms of the view of the majority. 
 2[(5) If, on information from any source, the Council or the President  
is of the opinion that a Judge of the Supreme Court or of a High Court− 
(a) may be incapable of properly performing the duties of his  
office by reason of physical or mental incapacity; or 
(b) may have been guilty of misconduct, 
1Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 11.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 76.
Constitution: (Amendment) Order, 2007 | 115
the President shall direct the Council to, or the Council may, on its  
own motion, inquire into the matter.]
(6) If, after inquiring into the matter, the Council reports to the  
President that it is of the opinion − 
(a) that the Judge is incapable of performing the duties of his  
office or has been guilty of misconduct, and
(b) that he should be removed from office, 
the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be  
removed from office except as provided by this Article. 
(8) The Council shall issue a code of conduct  to be observed by  
Judges of the Supreme Court and of the High Courts. 
210. Power of Council to enforce attendance of persons,  
etc.− (1) For the purpose of inquiring into any matter, the Council shall  
have the same power as the Supreme Court has to issue directions or  
orders for securing the attendance of any person or the discovery or  
production of any document; and any such direction or order shall be  
enforceable as if it had been issued by the Supreme Court. 
(2) The provisions of Article 204 shall apply to the Council as they  
apply to the Supreme Court and a High Court. 
211. Bar of jurisdiction .− The proceedings before the Council, its  
report to the President and the removal of a Judge under clause (6) of  
Article 209 shall not be called in question in any court. 
212. Administrative Courts and Tribunals .− (1) Notwithstanding 
anything hereinbefore contained, the appropriate Legislature may by  
Act  1[provide  for  the  establishment  of]  one  or  more  Administrative 
Courts or Tribunals to exercise exclusive jurisdiction in respect of −
(a) matters  relating  to the terms and  conditions  of persons 
2[who  are  or  have  been]  in  the  service  of  Pakistan, 
including disciplinary matters;
(b) matters  relating  to  claims  arising  from  tortious  acts  of 
Government, or any person in the service of Pakistan, or of  
any local or other authority  empowered by law to levy any  
tax or cess and any servant of such authority acting in the  
discharge of his duties as such servant; or
1Substituted for the word “established” by the Constitution  (First Amendment) Act, 1974 (XXXIII  
of 1974); assented to by the President on 4 May 1974; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 8 May 1974, pp. 179-182, s. 12: it came into force from the date of the  
commencement of the Constitution i.e. 14 August 1973.
2Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 12: it came into force from the date of the commencement of the  
Constitution i.e. 14 August 1973. 
116 | Constitution: (Amendment) Order, 2007
(c) matters  relating  to  the  acquisition,  administration  and 
disposal  of any property which is deemed to be enemy  
property under any law.
(2) Notwithstanding anything hereinbefore contained, where any  
Administrative Court or Tribunal is established under clause (1), no  
other court shall grant an injunction, make any order or entertain any  
proceedings in respect of any matter to which the jurisdiction of such  
Administrative  Court  or  Tribunal  extends  1[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  2[,  other  than  an  appeal  pending  before  the  Supreme 
Court,] shall abate on such establishment]: 
Provided that the provisions of this clause shall not apply to an  
Administrative  Court  or  Tribunal  established  under  an  Act  of  a 
Provincial Assembly unless, at the request of that Assembly made in  
the  form  of  a  resolution,  3[Majlis-e-Shoora  (Parliament)]  by   law4 
extends the provisions to such a Court or Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree,  
order or sentence of an Administrative Court or Tribunal shall lie only if 
the Supreme Court, being satisfied that the case involves a substantial 
question of law of public importance, grants leave to appeal.
 5[212A. Establishment of Military Courts or Tribunals.−  * *   ]
 6[212B.  Establishment  of  Special  Courts  for  trial  of  heinous 
offences.−  *  * * * * * * *    *]
1Ibid. 2Inserted by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the  
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated:  15  September  1976,  pp.  511-515,  s.  15:  it  came  into  force  from  the  date  of  the 
commencement of the Constitution i.e. 14 August 1973.3Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
4For such law see the Punjab Service Tribunals (Extension of Provisions of the Constitution) Act,  
1974 (XXXII of 1974).
5Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule , item 45: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution. It was earlier added by the Constitution (Second Amendment)  
Order, 1979 (P.O No. 21 0f 1979), issued by the President on 16 October 1979 and was  
published in the Gazette of Pakistan (Extraordinary), dated: 18 October 1979, pp. 517-518,  
Article 2: the Order was saved under Article 270A of the Constitution.
6Inserted by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by the  
President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: 28  
July 1991, pp. 351-354, s.2; however, it ceased to have effect on the twenty seventh day of July  
1994 by virtue of the sunset clause contained in subsection (3) of section 1 of the said Act.
Constitution: (Amendment) Order, 2007 | 117
PART VIII
Elections
Chapter 1
Chief Election Commissioner and Election 
1[Commission]
213. Chief Election Commissioner .− (1) There shall be a Chief  
Election Commissioner (in this Part referred to as the Commissioner),  
who shall be appointed by the President 2[* * *]. 
3[(2) No person shall be appointed Commissioner unless he has  
been a judge of the Supreme Court or has been a senior civil servant  
or is a technocrat and is not more than sixty-eight years of age.
Explanation 1.− “senior civil servant” means a civil servant who  
has served for at least twenty years under Federal or a Provincial  
Government and has retired in BPS-22 or above.
Explanation 2.− “technocrat” means a person who is the holder  
of a degree requiring conclusion of at least sixteen years of education,  
recognized  by the Higher Education Commission  and has at least  
twenty years of experience, including a record of achievements at the  
national or international level.]
4[(2A) The Prime Minister shall in consultation with the Leader of the  
Opposition  in  the  National  Assembly,  forward  three  names  for 
appointment of the Commissioner to a Parliamentary Committee for  
hearing and confirmation of any one person 5[:]
6[Provided that in case there is no consensus between the Prime  
Minister and the Leader of the Opposition, each shall forward separate 
1Substituted for the word “Commissions” by the Constitution  (Twenty-second Amendment) Act,  
2016 (XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 3. 2The words “in his discretion” were omitted by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette  
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 77. The said words were earlier 
added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in  
the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with  
the Schedule, item 46: the Order came into force on 2 March 1985 and was saved under Article 
270A of the Constitution.
3Substituted  by  the  Constitution (Twenty-second  Amendment)  Act,  2016  (XXV  of  2016); 
assented  to  by  the  President  on 8  June  2016;  and,  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4. 
4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 77. 
5Substituted for the full stop by the Constitution  (Twenty-second Amendment) Act, 2016 (XXV of  
2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4.  
6Inserted ibid. 
118 | Constitution: (Amendment) Order, 2007
lists  to  the  Parliamentary  Committee  for  consideration  which  may 
confirm any one name.] 
(2B)  The  Parliamentary  Committee  to  be  constituted  by  the 
Speaker  shall  comprise  fifty  percent  members  from  the  Treasury 
Benches and fifty percent from the Opposition Parties, based on their  
strength  in  Majlis-e-Shoora  (Parliament),  to  be  nominated  by  the 
respective Parliamentary Leaders: 
1[ * * * * * * * * *        ]
2[Provided 3[*] that the total strength of the Parliamentary Committee  
shall  be twelve members out of which  one-third shall be from the  
Senate:] 
Provided  4[further]  also  that  when  the  National  Assembly  is 
dissolved and a vacancy occurs in the office of the Chief Election  
Commissioner, the 5[total membership of the Parliamentary Committee 
shall consist of] the members from the Senate only and the foregoing  
provisions of this clause shall, mutatis mutandis, apply.]
(3) The Commissioner 6[or a member] shall have such powers and  
functions as are conferred on him by the Constitution and law. 
214. 7[*  * ] Oath  of  office .− Before  entering  upon  office,  the 
Commissioner shall make before the Chief Justice of Pakistan 8[, and 
a  member  of  the  Election  Commission  shall  make  before  the 
Commissioner,] oath in the form set out in the Third Schedule. 
215. Term of office of Commissioner 9[and members].− (1) The 
Commissioner  10[and  a  member]  shall,  subject  to  this  Article,  hold 
office for a term of 11[five] years from the day he enters upon his office: 
1Proviso omitted ibid. 2Substituted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by  
the President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 2011, pp. 1-4, s. 6. 
3The word “further” was omitted by the Constitution  (Twenty-second Amendment) Act, 2016  
(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4.  
4Substituted ibid, for the word “also”. 
5Substituted  for  the  words  “Parliamentary  Committee  shall  comprise”  by  the  Constitution
(Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the President on 1 January 2011;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 6.
6Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to 
by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 10 June 2016, pp. 389-392, s. 4.   
7The words “ Commissioner's” were omitted by the Constitution  (Twentieth Amendment) Act,  
2012 (V of 2012); assented to by the President on 28 February 2012; and, published in the  
Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 3.
8Inserted ibid.
9Added ibid, s. 4.
10Inserted ibid.
Constitution: (Amendment) Order, 2007 | 119
1[Provided that two of the members shall retire after the expiration  
of first two and a half years and two shall retire after the expiration of  
the next two and a half years:
Provided further that the Commission shall for the first term of  
office of members draw a lot as to which two members shall retire  
after the first two and a half years: 
Provided also that the term of office of a member appointed to fill a 
casual vacancy shall be the un-expired term of office of the member  
whose vacancy he has filled.]
2[ * * * * * * *   ]
(2) The Commissioner 3[or a member] shall not be removed from  
office except in the manner prescribed in Article 209 for the removal  
from office of a Judge and, in the application of the Article for the  
purposes of this clause, any reference in that Article to a Judge shall  
be construed as a reference to the Commissioner  4[or, as the case  
may be, a member]. 
(3) The Commissioner  5[or a member] may, by writing under his  
hand addressed to the President, resign his office.
6[(4) Vacancy in the office of the Commissioner or a member shall  
be filled within forty-five days.] 
216. Commissioner  7[and  members]  not  to  hold  office  of 
profit.− (1) The Commissioner 8[or a member] shall not −
(a) hold any other office of profit in the service of Pakistan; or
11Substituted for the word “three” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and,  published in the Gazette of Pakistan 
(Extraordinary), dated: 20 April 2010, pp. 267-316, s.78.
1The Proviso was substituted by the Constitution  (Twenty-second Amendment) Act, 2016 (XXV  
of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan 
(Extraordinary),  dated:  10  June  2016,  pp.  389-392,  s.  5. It  was  earlier  inserted  by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19  
April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp.  
267-316, s.78.  
2The Proviso was omitted by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010) ; 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s.78.
3Inserted by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012), published in the  
Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 4.
4Added ibid.
5Inserted ibid.
6Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to 
by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 10 June 2016, pp. 389-392, s. 5.
7Inserted by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012); assented to by the  
President on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: 
29 February 2012, pp. 93-97, s. 5.
8Ibid.
120 | Constitution: (Amendment) Order, 2007
(b) occupy  any  other  position  carrying  the  right  to  
remuneration for the rendering of services.
(2) A person who has held office as Commissioner 1[or a member] 
shall not hold any office of profit in the service of Pakistan before the  
expiration of two years after he has ceased to hold that office 2[.] 
3[ * * * * * * * *      ]
217. Acting Commissioner.− At any time when −
(a) the office of Commissioner is vacant, or
(b) the  Commissioner  is  absent  or  unable  to  perform  the 
functions of his office due to any other cause,
4[the most senior member in age of the members of Commission] shall  
act as Commissioner.
218. Election Commission .− 5[(1) For the purpose of election to  
both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies  
and for election to such other public offices as may be specified by  
law,  a  permanent  Election  Commission  shall  be  constituted  in 
accordance with this Article.
(2) The Election Commission shall consist of,− 
(a) the  Commissioner  who  shall  be  the  Chairman  of  the 
Commission; and 
6[(b) four  members,  one  from  each  Province,  each  of  whom 
shall be a person who has been a judge of a High Court or  
has been a senior civil servant or is a technocrat and is not  
more than sixty-five years of age, to be appointed by the  
President in the manner provided for appointment of the  
Commissioner in clauses (2A) and (2B) of Article 213.
1Ibid.
2Substituted for the colon by the Constitution  (Twenty-second Amendment) Act, 2016 (XXV of  
2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 6.  
3Proviso omitted  ibid. Proviso (b) had already been omitted by the Constitution  (Eighteenth  
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 79.
  
4Substituted for the words  “a Judge of the Supreme Court nominated by the Chief Justice of  
Pakistan” by the Constitution  (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented  
to by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 10 June 2016, pp. 389-392, s. 7.  
5Subsections (1) and (2) were substituted by the Constitution (Eighteenth Amendment) Act, 2010 
(X of 2010) ; assented to by the President on 19 April 2010; and,  published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 80.
6Substituted  by  the  Constitution (Twenty-second  Amendment)  Act,  2016  (XXV  of  2016); 
assented  to  by  the  President  on 8  June  2016;  and,  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 8. 
Constitution: (Amendment) Order, 2007 | 121
Explanation.− “senior civil servant” and “technocrat” shall have  
the same meaning as given in clause (2) of Article 213.]
 (3)It shall be the duty of the Election Commission 1[* * * * * *] to  
organize and conduct the election and to make such arrangements as  
are necessary to ensure that the election is conducted honestly, justly,  
fairly  and  in  accordance  with  law,  and  that  corrupt  practices  are 
guarded against. 
219. Duties  of  2[Commission].− The  3[Commission]  shall  be 
charged with the duty of −
4[(a) preparing  electoral  rolls  for  election  to  the  National 
Assembly, Provincial Assemblies and local governments,  
and  revising  such  rolls  periodically  to  keep  them  up-to-
date;]
 (b) organizing and conducting election to the Senate or to fill  
casual vacancies in a House or a Provincial Assembly; and
(c) appointing Election Tribunals 5[;]
 6[(d) the holding of general elections to the National Assembly,  
Provincial Assemblies and the local governments; and 
(e) such  other functions  as  may be specified  by  an  Act of 
Majlis-e-Shoora (Parliament) 7[:]]
8[Provided that till such time as the members of the Commission  
are first appointed in accordance with the provisions of paragraph (b)  
of clause (2) of Article 218 pursuant to the Constitution  (Eighteenth  
Amendment) Act, 2010, and enter upon their office, the Commissioner  
shall remain charged with the duties enumerated in paragraphs (a),  
(b) and (c) of this Article.] 
1The words “constituted in relation to an election” were omitted by the Constitution  (Twentieth 
Amendment) Act, 2012 (V of 2012) ; assented to by the President on 28 February 2012; and , 
published in the Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 6.2Substituted for the word “Commissioner” by the Constitution  (Twenty-second Amendment) Act,  
2016 (XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 9. 
3Substituted for the word “Commissioner” by the Constitution (Eighteenth Amendment) Act, 2010 
(X of 2010) ; assented to by the President on 19 April 2010; and,  published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 81.
4Substituted  by  the  Constitution (Twenty-second  Amendment)  Act,  2016  (XXV  of  2016); 
assented  to  by  the  President  on 8  June  2016;  and,  published  in  the  Gazette  of  Pakistan 
(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 9.
5Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 81.
6Added ibid.
7Substituted for the “full-stop” by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012);  
assented to by the President on 28 February 2012; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 29 February 2012, pp. 93-97, s. 7.
8Inserted ibid.
122 | Constitution: (Amendment) Order, 2007
220. Executive authorities to assist Commission, etc .− It shall 
be the duty of all executive authorities in the Federation and in the  
Provinces to assist the Commissioner and the Election Commission in  
the discharge of his or their functions. 
221. Officers and 1[staff].− Until  2[Majlis-e-Shoora (Parliament)] by  
law  otherwise  provides,  the  3[Election  Commission]  may,  with  the 
approval of the President, make rules providing for the appointment by 
the  4[Commissioner]  of  officers  and  5[staff]  to  be  employed  in 
connection with the functions of the 6[* * *] Election Commission and  
for their terms and conditions of employment.
Chapter 2
Electoral Laws and Conduct of Elections
222. Electoral laws.− Subject to the Constitution , 7[Majlis-e-Shoora 
(Parliament)] may by law provide for −
(a) the allocation of seats in the National Assembly as required 
by clauses (3) and (4) of Article 51;
(b) the  delimitation  of  constituencies  by  the  Election
Commission  8[including  delimitation  of  constituencies  of 
local governments];
1Substituted for the word “servants” by the Constitution  (Twenty-second Amendment) Act, 2016  
(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 10.  
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Substituted for the word “Commissioner” by the Constitution (Eighteenth Amendment) Act, 2010 
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82.
4Substituted  for  the  words  “Election  Commission”  by  the  Constitution (Twenty-second  
Amendment) Act, 2016 (XXV of 2016); assented to by the President on 8 June 2016; and,  
published in the Gazette of Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 10.  
The word “Commissioner” was earlier substituted by the Constitution  (Eighteenth Amendment)  
Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the  
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82.  
5Ibid, for the words “servants”.   
6The words “Commissioner or an” were omitted by the Constitution (Eighteenth Amendment) Act, 
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette  
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82.
7Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
8Added by the Constitution  (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to  
by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 10 June 2016, pp. 389-392, s. 11.   
Constitution: (Amendment) Order, 2007 | 123
(c) the preparation of electoral rolls, the requirements as to  
residence in a constituency, the determination of objections 
pertaining to and the commencement of electoral rolls;
(d) the conduct of elections and election petitions; the decision  
of doubts and disputes arising in connection with elections;
(e) matters relating to corrupt practices and other offences in  
connection with elections; and
(f) all other matters necessary for the due constitution of the
two Houses  1[,]  2[*] the Provincial Assemblies  3[and local  
governments];
but no such law shall have the effect of taking away or abridging any  
of  the  powers  of  the  Commissioner  or  4[the]  Election  Commission 
under this Part. 
223. Bar against double membership .− (1) No person shall, at  
the same time, be a member of − 
(a) both Houses; or
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than  
one seat.
(2) Nothing  in  clause  (1)  shall  prevent  a  person  from  being  a 
candidate for two or more seats at the same time, whether in the  
same body or in different bodies, but if he is elected to more than one  
seat he shall, within a period of thirty days after the declaration of the  
result for the last such seat, resign all but one of his seats, and if he  
does not so resign, all the seats to which he has been elected shall  
become  vacant  at  the  expiration  of  the  said  period  of  thirty  days 
except the seat to which he has been elected last or, if he has been  
elected to more than one seat on the same day, the seat for election  
to which his nomination was filed last. 
Explanation.− In  this  clause,  "body"  means  either  House  or  a 
Provincial Assembly.
1Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to 
by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 10 June 2016, pp. 389-392, s. 11.   
2The word “and” was omitted ibid.   
3Added ibid. 
4Substituted ibid, for the word “an”.
124 | Constitution: (Amendment) Order, 2007
(3) A person to whom clause (2) applies shall not take a seat in  
either House or the Provincial Assembly to which he has been elected  
until he has resigned all but one of his seats. 
(4) Subject to clause (2), if a member of either House or of a  
Provincial Assembly becomes a candidate for a second seat which, in  
accordance with clause (1), he may not hold concurrently with his first  
seat, then his first seat shall become vacant as soon as he is elected  
to the second seat.
224. Time of election and bye election .− 1[(1) A general election  
to the National Assembly or a Provincial Assembly shall be held within  
a period of sixty days immediately following the day on which the term  
of  the  Assembly  is  due  to  expire,  unless  the  Assembly  has  been 
sooner dissolved, and the results of the election shall be declared not  
later than fourteen days before that day.]
2[(1A) On dissolution of the Assembly on completion of its term, or  
in case it is dissolved under Article 58 or Article 112, the President, or  
the Governor, as the case may be, shall appoint a care-taker Cabinet: 
Provided that the care-taker Prime Minister shall be 3[appointed] by 
the President in consultation with the Prime Minister and the Leader of  
the Opposition in the outgoing National Assembly, and a care-taker  
Chief Minister shall be appointed by the Governor in consultation with  
the Chief Minister and the Leader of the Opposition in the outgoing  
Provincial Assembly: 
4[Provided further that if the Prime Minister or a Chief Minister and  
their respective Leader of the Opposition do not agree on any person  
to be appointed as a care-taker Prime Minister or the care-taker Chief  
Minister, as the case may be, the provisions of Article 224A shall be  
followed:]
Provided  5[also] that the Members of the Federal and Provincial  
care-taker Cabinets shall be appointed on the advice of the care-taker  
Prime Minister or the care-taker Chief Minister, as the case may be. 
(1B) Members of the care-taker Cabinets including the care-taker  
Prime Minister and the care-taker Chief Minister and their immediate  
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 83.
2Inserted ibid.
3Substituted for the word “selected” by the Constitution  (Twentieth Amendment) Act, 2012 (V of  
2012); assented to by the President on 28 February 2012; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 8.
4Inserted ibid.
5Substituted ibid, for the word “further”.
Constitution: (Amendment) Order, 2007 | 125
family  members  shall  not  be  eligible  to  contest  the  immediately 
following elections to such Assemblies. 
Explanation.− In this clause “immediate family members” means  
spouse and children.]
(2) When  the  National  Assembly  or  a  Provincial  Assembly  is 
dissolved, a general election to the Assembly shall be held within a  
period  of  ninety  days  after  the  dissolution,  and  the  results  of  the 
election  shall  be  declared  not  later  than  fourteen  days  after  the 
conclusion of the polls.
(3) An election to fill the seats in the Senate which are to become  
vacant on the expiration of the term of the members of the Senate  
shall be held not earlier than thirty days immediately preceding the  
day on which the vacancies are due to occur. 
(4) When, except by dissolution  of the National  Assembly or a  
Provincial  Assembly,  a  general  seat  in  any  such  Assembly  has 
become vacant not later than one hundred and twenty days before the  
term of that Assembly is due to expire, an election to fill the seat shall  
be held within sixty days from the occurrence of the vacancy. 
(5) When a seat in the Senate has become vacant, an election to  
fill the seat shall be held within thirty days from the occurrence of the  
vacancy. 
  1[(6) When  a  seat  reserved  for  women  or  non-Muslims  in  the 
National Assembly or a Provincial Assembly falls vacant, on account  
of death, resignation or disqualification of a member, it shall be filled  
by the next person in order of precedence from the party list of the  
candidates to be submitted to the Election Commission by the political  
party whose member has vacated such seat 2[:]] 
3[Provided  that  if  at  any  time  the  party  list  is  exhausted,  the 
concerned political party may submit a name for any vacancy which  
may occur thereafter.] 
 4[224A. Resolution by Committee or Election Commission .− 
(1) In case the Prime Minister and the Leader of the Opposition in the  
outgoing  National  Assembly  do  not  agree  on  any  person  to  be 
appointed as the care-taker Prime Minister, within three days of the  
dissolution of the National Assembly, they shall forward two nominees  
each to a Committee to be immediately constituted by the Speaker of  
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 83: it came into force on 21 August 2002.
2Substituted for the “full-stop” by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012);  
assented to by the President on 28 February 2012; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 29 February 2012, pp. 93-97, s. 8.
3Added ibid.
4Inserted ibid, s. 9.
126 | Constitution: (Amendment) Order, 2007
the National  Assembly, comprising  eight  members of the outgoing 
National  Assembly,  or  the  Senate,  or  both,  having  equal  
representation from the Treasury and the Opposition, to be nominated  
by the Prime Minister and the Leader of the Opposition respectively.
(2) In case a Chief Minister and the Leader of the Opposition in  
the outgoing Provincial Assembly do not agree on any person to be  
appointed as the care-taker Chief Minister, within three days of the  
dissolution of that Assembly, they shall forward two nominees each to  
a Committee to be immediately  constituted by the Speaker of the  
Provincial  Assembly,  comprising  six  members  of  the  outgoing 
Provincial Assembly having equal representation from the Treasury  
and the Opposition, to be nominated by the Chief Minister and the  
Leader of the Opposition respectively.
(3) The Committee constituted under clause (1) or (2) shall finalize 
the name of the care-taker Prime Minister or care-taker Chief Minister,  
as the case may be, within three days of the referral of the matter to it:
Provided that in case of inability of the Committee to decide the  
matter in the aforesaid period, the names of the nominees shall be  
referred  to  the  Election  Commission  of  Pakistan  for  final  decision 
within two days.
(4) The  incumbent  Prime  Minister  and  the  incumbent  Chief 
Minister shall continue to hold office till appointment of the care-taker  
Prime Minister and the care-taker Chief Minister, as the case may be.
(5) Notwithstanding anything contained in clauses (1) and (2), if  
the  members  of the  Opposition  are  less  than five in  the  Majlis-e-
Shoora (Parliament) and less than four in any Provincial Assembly,  
then all of them shall be members of the Committee mentioned in the  
aforesaid clauses  and the Committee shall  be deemed to be duly  
constituted.]   
225. Election dispute .− No  election  to  a  House  or  a  Provincial 
Assembly shall be called in question except by an election petition  
presented to such tribunal and in such manner as may be determined  
by Act of 1[Majlis-e-Shoora (Parliament)].
 2[226.  Election  by  secret  ballot .− All  elections  under  the  
Constitution, other than those of the Prime Minister and the Chief  
Minister, shall be by secret ballot.]
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 84.
Constitution: (Amendment) Order, 2007 | 127
PART IX
Islamic Provisions
227. Provisions relating to the Holy Quran and Sunnah .− (1) 
All existing laws shall be brought in conformity with the Injunctions of  
Islam as laid down in the Holy Quran and Sunnah, in this Part referred  
to as the Injunctions of Islam, and no law shall be enacted which is  
repugnant to such Injunctions. 
1[Explanation.− In the application of this clause to the personal law  
of any Muslim sect, the expression "Quran and Sunnah" shall mean  
the Quran and Sunnah as interpreted by that sect.]
(2) Effect shall be given to the provisions of clause (1) only in the  
manner provided in this Part. 
(3) Nothing  in  this  Part  shall  affect  the  personal  laws  of  non-
Muslim citizens or their status as citizens. 
228. Composition, etc., of Islamic Council .− (1) There shall be  
constituted within a period of ninety days from the commencing day a  
Council  of Islamic Ideology, in this Part referred to as the Islamic  
Council. 
(2) The Islamic Council shall consist of such members, being not  
less than eight and not more than  2[twenty] as the President may  
appoint from amongst persons having knowledge of the principles and  
philosophy of Islam as enunciated in the Holy Quran and Sunnah, or  
understanding  of  the  economic,  political,  legal  or  administrative 
problems of Pakistan. 
(3) While appointing members of the Islamic Council the President  
shall ensure that − 
(a) so  far  as  practicable  various  schools  of  thought  are 
represented in the Council;
(b) not less than two of the members are persons each of  
whom is, or has been a Judge of the Supreme Court or of a 
High Court;
(c) not less than 3[one-third] of the members are persons each  
of whom has been engaged, for a period of not less than  
1Added by the Constitution (Third Amendment) Order, 1980 (P. O. No. 14 of 1980), issued by the 
President on 17 September 1980 and was published in the Gazette of Pakistan (Extraordinary),  
dated: 18 September 1980, p. 463, Article 2: the Order was saved under Article 270A of the  
Constitution.
2Substituted for the word “fifteen” by the Constitution  (Fourth Amendment) Order, 1980 (P. O.  
No. 16 of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 30 November 1980, 
p. 531, Article 2: the Order was saved under Article 270A of the Constitution.
3Substituted for the word “four” by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 85.
128 | Constitution: (Amendment) Order, 2007
fifteen years, in Islamic research or instruction; and 
(d) at least one member is a woman.
1[(4) The President shall appoint one of the members of the Islamic  
Council to be the Chairman thereof.]
(5) Subject to clause (6) a member of the Islamic Council shall  
hold office for a period of three years. 
(6) A member may, by writing under his hand addressed to the  
President, resign his office or may be removed by the President upon  
the passing of a resolution for his removal by a majority of the total  
membership of the Islamic Council. 
229. Reference  by  2[Majlis-e-Shoora  (Parliament)],  etc.,  to 
Islamic Council.− The President or the Governor of a Province may,  
or  if  two-fifths  of  its  total  membership  so  requires,  a  House  or  a 
Provincial Assembly shall, refer to the Islamic Council for advice any  
question as to whether a proposed law is or is not repugnant to the  
Injunctions of Islam. 
230. Functions of the Islamic Council .− (1) The functions of the  
Islamic Council shall be − 
(a) to  make  recommendations  to  3[Majlis-e-Shoora 
(Parliament)] and the Provincial Assemblies as to the ways  
and means of enabling and encouraging the Muslims of  
Pakistan to order their lives individually and collectively in  
all respects in accordance with the principles and concepts  
of Islam as enunciated in the Holy Quran and Sunnah;
(b) to advise a House, a Provincial Assembly, the President or  
a Governor on any question referred to the Council as to  
whether  a  proposed  law  is  or  is  not  repugnant  to  the 
Injunctions of Islam;
(c) to make recommendations as to the measures for bringing  
existing laws into conformity with the Injunctions of Islam  
and the stages by which such measures should be brought  
into effect; and
1Substituted  by  the  Constitution (Fourth  Amendment)  Order, 1982 (P.  O.  No.  13 of  1982), 
published in the Gazette of Pakistan (Extraordinary), dated: 22 September 1982, p. 135, Article  
2: the Order was saved under Article 270A of the Constitution.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Ibid.
Constitution: (Amendment) Order, 2007 | 129
(d) to compile in a suitable form, for the guidance of 1[Majlis-e-
Shoora (Parliament)]  and the Provincial Assemblies, such  
Injunctions of Islam as can be given legislative effect.
(2) When, under Article 229, a question is referred by a House, a  
Provincial  Assembly,  the  President  or  a  Governor  to  the  Islamic 
Council,  the  Council  shall,  within  fifteen  days  thereof,  inform  the 
House, the Assembly, the President or the Governor, as the case may  
be, of the period within which the Council expects to be able to furnish  
that advice. 
(3) Where a House, a Provincial Assembly, the President or the  
Governor, as the case may be, considers that, in the public interest,  
the making of the proposed law in relation to which the question arose  
should not be postponed until the advice of the Islamic Council is  
furnished, the law may be made before the advice is furnished: 
Provided that, where a law is referred for advice to the Islamic  
Council  and  the  Council  advises  that  the  law  is  repugnant  to  the 
Injunctions of Islam, the House or, as the case may be, the Provincial  
Assembly, the President or the Governor shall reconsider the law so  
made.
(4) The Islamic Council shall submit its final report within seven  
years of its appointment, and shall submit an annual interim report.  
The report, whether interim or final, shall be laid for discussion before  
both Houses and each Provincial Assembly within six months of its  
receipt, and  2[Majlis-e-Shoora (Parliament)]   and the Assembly, after  
considering the report, shall enact laws in respect thereof within a  
period of two years of the final report. 
231. Rules of procedure .− The proceedings of the Islamic Council  
shall be regulated by rules of  procedure to be made by the Council  
with approval of the President.
PART X
Emergency Provisions
232. Proclamation of emergency on account of war, internal  
disturbance,  etc.− (1)  If  the  President  is  satisfied  that  a  grave 
emergency  exists  in  which  the  security  of  Pakistan,  or  any  part 
thereof, is threatened by war or external aggression, or by internal  
1Ibid.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
130 | Constitution: (Amendment) Order, 2007
disturbance beyond the power of a Provincial Government to control,  
he may issue a Proclamation of Emergency 1[:]
2[Provided  that  for  imposition  of  emergency  due  to  internal 
disturbances  beyond  the  powers  of  a  Provincial  Government  to 
control, a resolution from the Provincial Assembly of that Province  
shall be required: 
Provided  further  that  if  the  President  acts  on  his  own,  the 
Proclamation of Emergency shall be placed before both Houses of  
Majlis-e-Shoora (Parliament) for approval by each House within ten  
days.] 
(2) Notwithstanding  anything  in  the  Constitution ,  while  a  
Proclamation of Emergency is in force,− 
    3[(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]4;
(b) the executive authority of the Federation shall extend to the 
giving of directions to a Province as to the manner in which  
the executive authority of the Province is to be exercised;  
and
(c) the Federal Government may by Order assume to itself, or  
direct the Governor of a Province to assume on behalf of  
the Federal Government, all or any of the functions of the  
Government of the Province, and all or any of the powers  
vested in, or exercisable by, any body or authority  in the  
Province  other than the Provincial  Assembly, and make  
such incidental and consequential provisions as appear to  
the Federal Government to be necessary or desirable for  
giving effect to the objects of the Proclamation, including  
provisions for suspending, in whole or in part, the operation 
of any provisions of the Constitution  relating to any body or  
authority in the Province:
1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 86.
2Inserted ibid.
3Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 47: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
4As  a  consequence  of  the  omission  of  the  Concurrent  Legislative  List  by  the  Constitution 
(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s.  
101, the expression “or the Concurrent Legislative List” may have to be construed as `omitted’  
on the principle of consistency. 
Constitution: (Amendment) Order, 2007 | 131
Provided that nothing in paragraph (c) shall authorize the  
Federal  Government  to  assume  to  itself,  or  direct  the 
Governor of the Province to assume on its behalf, any of  
the powers vested in or exercisable by a High Court, or to  
suspend  either in  whole or in part the operation of any  
provisions of the Constitution relating to High Courts.
(3) The power of 1[Majlis-e-Shoora (Parliament)] to make laws for  
a Province with respect to any matter shall include power to make  
laws  conferring  powers  and  imposing  duties,  or  authorizing  the 
conferring of powers and the imposition of duties upon the Federation,  
or officers and authorities of the Federation, as respects that matter. 
(4) Nothing in this Article shall restrict the power of a Provincial  
Assembly to make any law which under the Constitution  it has power  
to make, but if any provision of a Provincial law is repugnant to any  
provision of an Act of 2[Majlis-e-Shoora (Parliament)] which 3[Majlis-e-
Shoora (Parliament)] has under this Article power to make, the Act of  
4[Majlis-e-Shoora  (Parliament)],  whether  passed  before  or after the 
Provincial law, shall prevail and the Provincial law shall, to the extent  
of the repugnancy, but so long only as the Act of  5[Majlis-e-Shoora 
(Parliament)] continues to have effect, be void. 
(5) A law made by 6[Majlis-e-Shoora (Parliament)], which 7[Majlis-
e-Shoora (Parliament)] would not but for the issue of a Proclamation  
of Emergency have been competent to make, shall, to the extent of  
the incompetency, cease to have effect on the expiration of a period of 
six months after the Proclamation of Emergency has ceased to be in  
force, except as respects things done or omitted to be done before the  
expiration of the said period. 
(6) While  a  Proclamation  of  Emergency  is  in  force,  8[Majlis-e-
Shoora  (Parliament)]  may  by  law  extend  the  term  of  the  National 
Assembly for a period not exceeding one year and not extending in  
any case beyond a period of six months after the Proclamation has  
ceased to be in force. 
(7) A Proclamation of Emergency shall be laid before a joint sitting  
which shall be summoned by the President to meet within thirty days  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 2Ibid.
3Ibid.
4Ibid.
5Ibid.
6Ibid.
7Ibid.
8Ibid.
132 | Constitution: (Amendment) Order, 2007
of the Proclamation being issued and −  
(a) shall cease to be in force at the expiration of two months  
unless  before  the  expiration  of  that  period  it  has  been 
approved by a resolution of the joint sitting; and
   1[(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.]
(8) Notwithstanding  anything  contained  in  clause  (7),  if  the 
National Assembly stands dissolved at the time when a Proclamation  
of Emergency is issued, the Proclamation shall continue in force for a  
period of four months but, if a general election to the Assembly is not  
held before the expiration of that period, it shall cease to be in force at  
the expiration of that period unless it has earlier been approved by a  
resolution of the Senate. 
233. Power  to  suspend  Fundamental  Rights,  etc.,  during 
emergency period.− (1) Nothing contained in Articles 15, 16, 17, 18, 
19 and 24 shall, while a proclamation of Emergency is in force, restrict  
the power of the State as defined in Article 7 to make any law or to  
take any executive action which it would, but for the provisions in the  
said Articles, be competent to make or to take, but any law so made  
shall, to the extent of the incompetency, cease to have effect, and  
shall  be  deemed  to  have  been  repealed,  at  the  time  when  the 
Proclamation is revoked or has ceased to be in force. 
(2) While a Proclamation of Emergency is in force, the President  
may,  by  Order,  declare  that  the  right  to  move  any  Court  for  the 
enforcement of such of the Fundamental Rights conferred by Chapter  
1 of Part II as may be specified in the Order, and any proceeding in  
any Court which is for the enforcement, or involves the determination  
of  any  question  as  to  the  infringement,  of  any  of  the  Rights  so 
specified,  shall  remain  suspended  for  the  period  during  which  the 
Proclamation is in force, and any such Order may be made in respect  
of the whole or any part of Pakistan. 
(3) Every Order made under this Article shall, as soon as may be,  
be  laid  before  2[both  Houses  of  Majlis-e-Shoora  (Parliament) 
separately] for approval and the provisions of clauses (7) and (8) of  
Article  232  shall  apply  to  such  an  Order  as  they  apply  to  a 
Proclamation of Emergency. 
1Substituted by the Constitution (Third Amendment) Act, 1975 (XXII of 1975); assented to by the  
President on 13 February 1975; and, published in the Gazette of Pakistan (Extraordinary), dated: 
18 February 1975, pp. 67-69, s. 3.2Substituted for the words “a joint sitting” by the Constitution  (Eighteenth Amendment) Act, 2010 
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 87.
Constitution: (Amendment) Order, 2007 | 133
234. Power  to  issue  Proclamation  in  case  of  failure  of  
Constitutional machinery in a Province.− (1) If the President, on 
receipt of a report from the Governor of a Province 1[* *], is satisfied  
that a situation has arisen in which the Government of the Province  
cannot  be  carried  on  in  accordance  with  the  provisions  of  the 
Constitution, the President may, or if a resolution  in  this behalf  is  
passed 2[by each House separately] shall, by Proclamation,− 
(a) assume to himself, or direct the Governor of the Province  
to assume on behalf of the President, all or any of the  
functions of the Government of the Province, and all or any  
of the powers vested in, or exercisable by, any body or  
authority in  the  Province,  other  than  the  Provincial  
Assembly;
(b) declare that the powers of the Provincial Assembly shall be  
exercisable by, or under the authority  of, 3[Majlis-e-Shoora 
(Parliament)]; and
(c) make  such  incidental  and  consequential  provisions  as 
appear to the President to be necessary or desirable for  
giving effect to the objects of the Proclamation, including  
provisions for suspending in whole or in part the operation  
of any provisions of the Constitution  relating to any body or  
authority in the Province:
Provided  that  nothing  in  this  Article  shall  authorise  the 
President to assume to himself, or direct the Governor of  
the Province to assume on his behalf, any of the powers  
vested in, or exercisable by, a High Court, or to suspend  
either in whole or in part the operation of any provisions of  
the Constitution relating to High Courts.
(2) The Provisions of Article 105 shall not apply to the discharge  
by the Governor of his functions under clause (1). 
(3) A Proclamation issued under this Article shall be laid before a  
joint sitting and shall cease to be in force at the expiration of two  
months,  unless  before  the  expiration  of  that  period  it  has  been 
approved by resolution of the joint sitting and may by like resolution be 
extended for a further period not exceeding two months at a time; but  
no such Proclamation shall in any case remain in force for more than  
six months. 
1The words “or otherwise” were omitted by the Constitution  (Eighteenth Amendment) Act, 2010  
(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 88.
2Substituted ibid, for the words “at a joint sitting”.
3Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
134 | Constitution: (Amendment) Order, 2007
(4) Notwithstanding  anything  contained  in  clause  (3),  if  the 
National Assembly stands dissolved at the time when a Proclamation  
is issued under this Article, the Proclamation shall continue in force for  
a period of three months but, if a general election to the Assembly is  
not held before the expiration or that period, it shall cease to be in  
force  at  the  expiration  of  that  period  unless  it  has  earlier  been 
approved by a resolution of the Senate.
(5) Where by a Proclamation issued under this Article it has been  
declared  that  the  powers  of  the  Provincial  Assembly  shall  be 
exercisable  by  or  under  the  authority  of  1[Majlis-e-Shoora 
(Parliament)], it shall be competent − 
(a) to 2[Majlis-e-Shoora (Parliament)] in joint sitting to confer on 
the President the power to make laws with respect to any  
matter within the legislative competence of the Provincial  
Assembly;
(b) to  3[Majlis-e-Shoora  (Parliament)]  in  joint  sitting,  or  the 
President, when he is empowered under paragraph (a), to  
make  laws  conferring  powers  and  imposing  duties,  or 
authorising the conferring of powers and the imposition of  
duties,  upon  the  Federation,  or  officers  and  authorities 
thereof;
(c) to the President, when  4[Majlis-e-Shoora  (Parliament)]  is 
not in session, to authorise expenditure from the Provincial  
Consolidated Fund, whether the expenditure is charged by  
the  Constitution upon  that  Fund  or  not,  pending  the 
sanction  of  such  expenditure  by  5[Majlis-e-Shoora 
(Parliament)] in joint sitting; and
(d) to  6[Majlis-e-Shoora  (Parliament)]   in  joint  sitting  by  
resolution  to  sanction  expenditure  authorised  by  the 
President under paragraph (c).
(6) Any  law  made  by  7[Majlis-e-Shoora  (Parliament)]  or  the 
President  which   8[Majlis-e-Shoora  (Parliament)]  or  the  President 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
2Ibid.
3Ibid.
4Ibid.
5Ibid. 
6Ibid.
7Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
8Ibid.
Constitution: (Amendment) Order, 2007 | 135
would not, but for the issue of a Proclamation under this Article, have  
been competent to make, shall, to the extent of the incompetency,  
cease to have effect on the expiration of a period of six months after  
the Proclamation under this Article has ceased to be in force, except  
as to things, done or omitted to be done before the expiration of the  
said period. 
235. Proclamation in case of financial emergency .− (1) If the  
President is satisfied that a situation has arisen whereby the economic 
life,  financial  stability  or credit of Pakistan,  or  any  part  thereof,  is 
threatened,  he  may,  after  consultation  with  the  Governors  of  the 
Provinces  or,  as  the  case  may  be,  the  Governor  of  the  Province 
concerned, by Proclamation make a declaration to that effect, and,  
while such a Proclamation is in force, the executive authority  of the  
Federation shall extend to the giving of directions to any Province to  
observe such principles of financial propriety as may be specified in  
the  directions,  and  to  the  giving  of  such  other  directions  as  the 
President may deem necessary in the interest of the economic life,  
financial stability or credit of Pakistan or any part thereof. 
(2) Notwithstanding  anything  in  the  Constitution,  any  such 
directions may include a provision requiring a reduction of the salary  
and allowances of all or any class of persons serving in connection  
with the affairs of a Province. 
(3) While a Proclamation issued under this Article is in force, the  
President may issue directions for the reduction of the salaries and  
allowances of all or any class of persons serving in connection with  
the affairs of the Federation. 
(4) The provisions of clauses (3) and (4) of Article 234 shall apply  
to  a  Proclamation  issued  under  this  Article  as  they  apply  to  a 
Proclamation issued under that Article. 
236. Revocation  of  Proclamation,  etc .− (1)  A  Proclamation 
issued under this part may be varied or revoked by a subsequent  
Proclamation. 
(2) The validity of any Proclamation issued or Order made under  
this Part shall not be called in question in any court. 
237.  1[Majlis-e-Shoora  (Parliament) ]  may  make  laws  of  
indemnity, etc.− Nothing in the Constitution  shall prevent 2[Majlis-e-
Shoora (Parliament)]  from making any law indemnifying any person in 
the service of the Federal Government or a Provincial Government, or  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
136 | Constitution: (Amendment) Order, 2007
any other person, in respect of any act done in connection with the  
maintenance or restoration of order in any area in Pakistan.
PART XI
                        Amendment  
238.  Amendment  of  Constitution .− Subject  to  this  Part,  the 
Constitution  may  be  amended  by  Act  of  1[Majlis-e-Shoora 
(Parliament)].
 2[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 President for assent. 
(3) If the Bill is passed with amendment by the votes of not less  
than two-thirds of the total membership of the House to which it is  
transmitted under clause (1), it shall be reconsidered by the House in  
which  it had originated, and if the Bill  as amended  by the former  
House is passed by the latter by the votes of not less than two-thirds  
of its total membership it shall, subject to the provisions of clause (4),  
be presented to the President for assent. 
(4) A Bill to amend the Constitution  which would have the effect of  
altering the limits of a Province shall not be presented to the President  
for assent unless it has been passed by the Provincial Assembly of  
that  Province  by  the  votes  of  not  less  than  two-thirds  of  its  total 
membership. 
(5) No amendment of the Constitution  shall be called in question  
in any court on any ground whatsoever. 
(6) For the removal of doubt, it is hereby declared that there is no  
limitation whatever on the power of the Majlis-e-Shoora (Parliament)  
to amend any of the provisions of the Constitution.]
1Ibid.
2Substituted by the Constitution (Second Amendment) Order, 1985 (20 of 1985), published in the 
Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 181-183, Article 3: the Order was 
saved under Article 270A of the Constitution. It was earlier substituted by the Revival of the  
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan  
(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 48:  
the  Order  came  into  force  on  2  March  1985  and  was  saved  under  Article  270A  of  the 
Constitution. 
of Constitution
Constitution: (Amendment) Order, 2007 | 137
PART XII
Miscellaneous
Chapter 1
Services
240. Appointments to service of Pakistan and conditions of  
service.− Subject to the Constitution , the appointments to and the  
conditions of service of persons in the service of Pakistan shall be  
determined − 
(a) in  the  case  of  the  services  of  the  Federation,  posts  in 
connection  with  the  affairs  of  the  Federation  and  All-
Pakistan  Services,  by  or  under  Act  of  1[Majlis-e-Shoora 
(Parliament)]; and
(b) in  the case  of  the  services  of  a Province  and  posts  in 
connection with the affairs of a Province, by or under Act of  
the Provincial Assembly. 
Explanation.− In  this  Article,  "All-Pakistan  Service"  means  a 
service common to the Federation and the Provinces, which was in  
existence immediately before the commencing day or which may be  
created by Act of 2[Majlis-e-Shoora (Parliament)].
241. Existing  rules,  etc.,  to  continue .− Until  the  appropriate 
Legislature makes a law under Article 240, all rules and orders in force 
immediately before the commencing day shall, so far as consistent  
with the provisions of the Constitution , continue in force and may be  
amended from time to time by the Federal Government or, as the case 
may be, the Provincial Government. 
242. Public  Service  Commission .− (1)  3[Majlis-e-Shoora 
(Parliament)]  in  relation  to  the  affairs  of  the  Federation,  and  the 
Provincial  Assembly  of a Province  in  relation  to  the  affairs of the 
Province, may, by law, provide for the establishment and constitution  
of a Public Service Commission. 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Ibid.
3Ibid.
138 | Constitution: (Amendment) Order, 2007
1[(1A) The Chairman of the Public Service Commission constituted  
in relation to the affairs of the Federation shall be appointed by the  
President 2[on the advice of the Prime Minister].]
3[(1B) The Chairman of the Public Service Commission constituted  
in relation to affairs of a Province shall be appointed by the Governor  
on advice of the Chief Minister.]
(2) A Public Service Commission shall perform such functions as  
may be prescribed by law.
Chapter 2
Armed Forces
 4[243. Command of Armed Forces .− (1) The Federal Government  
shall have control and command of the Armed Forces. 
(2) Without prejudice to the generality of the foregoing provision,  
the  Supreme  Command  of  the  Armed  Forces  shall  vest  in  the 
President. 
(3) The President shall subject to law, have power − 
(a) to raise and maintain the Military, Naval and Air Forces of  
Pakistan; and the Reserves of such Forces; and 
(b) to grant Commissions in such Forces. 
(4) The President shall, on advice of the Prime Minister, appoint − 
(a) the Chairman, Joint Chiefs of Staff Committee; 
(b) the Chief of the Army Staff; 
(c) the Chief of the Naval Staff; and 
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.] 
244. Oath of Armed Forces.−Every member of the Armed Forces  
shall make oath in the form set out in the Third Schedule. 
245. Functions of Armed Forces .− 5[(1)] The Armed Forces shall,  
under  the  directions  of  the  Federal  Government,  defend  Pakistan 
1Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published 
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 1: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution, item 49.
2Substituted for the words “in his discretion” by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette  
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 89.
3Inserted ibid.
4Substituted ibid, s. 90.
5Renumbered by the Constitution  (Seventh Amendment) Act, 1977 (XXIII of 1977); assented to  
by the President on 16 May 1977; and, published the same day in the Gazette of Pakistan  
(Extraordinary), dated: 16 May 1977, pp. 254-255, s. 4: it came into force on 21 April 1977. 
Constitution: (Amendment) Order, 2007 | 139
against external aggression or threat of war, and, subject to law, act in  
aid of civil power when called upon to do so. 
1[(2) The validity of any direction issued by the Federal Government  
under clause (1) shall not be called in question in any court. 
(3) A High Court shall not exercise any jurisdiction under Article  
199 in relation to any area in which the Armed Forces of Pakistan are,  
for the time being, acting in aid of civil power in pursuance of Article  
245: 
Provided  that  this  clause  shall  not  be  deemed  to  affect  the 
jurisdiction of the High Court in respect of any proceeding pending  
immediately before the day on which the Armed Forces start acting in  
aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3)  
instituted on or after the day the Armed Forces start acting in aid of  
civil power and pending in any High Court shall remain suspended for  
the period during which the Armed Forces are so acting.]
Chapter 3
Tribal Areas
246. Tribal Areas.− In the Constitution,− 
(a) "Tribal  Areas"  means  the  areas  in  Pakistan  which, 
immediately  before  the  commencing  day,  were  Tribal 
Areas, and includes − 
(i) the  Tribal  Areas  of  2[Balochistan]  and  the  3[Khyber 
Pakhtunkhwa] Province; 4[*]
(ii) the former States of Amb, Chitral, Dir and Swat;
           5[(iii) * * * * * *  ]  
    6[(iv) * * * * *      ]
(b) "Provincially Administered Tribal Areas" means − 
1Subsections (2) to (4) were added ibid: it came into force on 21 April 1977.2Substituted for the word “Baluchistan” by the Constitution (Eighteenth Amendment) Act, 2010 (X 
of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.
3Substituted ibid, for the words “North-West Frontier”.
4The word “and” was omitted ibid.
5Omitted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the  
President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4  
January 2011, pp. 1-4, s. 7. It was earlier inserted by the Constitution (Eighteenth Amendment)  
Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the  
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.
6Omitted by the Constitution  (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the  
President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4  
January 2011, pp. 1-4, s. 7.  It was earlier inserted by the Constitution (Eighteenth Amendment)  
Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in  the 
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.
140 | Constitution: (Amendment) Order, 2007
(i) the districts of Chitral, Dir and Swat (which includes  
Kalam), 1[the Tribal Area in Kohistan district,] Malakand  
Protected Area, the Tribal Area adjoining  2[Mansehra] 
district and the former State of Amb; and
(ii) Zhob  district,  Loralai  district  (excluding  Duki  Tehsil), 
Dalbandin Tehsil of Chagai district and Marri and Bugti  
tribal territories of Sibi district; and
(c) “Federally Administered Tribal Areas” includes − 
(i) Tribal Areas adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
    3[(iiia) Tribal Areas adjoining Lakki Marwat district;]
(iv) Tribal Areas adjoining Dera Ismail Khan district;
       4[(iva) Tribal Areas adjoining Tank District;]
     5[(v) Bajaur Agency;
(va) Orakzai Agency;]
(vi)  Mohmand Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix)  North Waziristan Agency; and
(x)  South Waziristan Agency.
247. Administration  of  Tribal  Areas .− (1)  Subject  to  the  
Constitution, the executive authority  of the Federation shall extend to  
the Federally Administered Tribal Areas, and the executive authority of 
a Province shall extend to the Provincially Administered Tribal Areas  
therein. 
(2) The President may, from time to time, give such directions to  
the Governor of a Province relating to the whole or any part of a Tribal  
Area  within  the  Province  as  he  may  deem  necessary,  and  the 
Governor  shall,  in  the  exercise  of  his  functions  under  this  Article, 
comply with such directions. 
1Inserted by the Constitution (Sixth Amendment) Act, 1976 (LXXXIV of 1976); assented to by the 
President on 31 December 1976; and,  published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 1977, p. 21, s.4: it came into force on 1 October 1976.
2Substituted ibid, for the word “Hazara”: it came into force on 1 October 1976.
3Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the  
President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4  
January 2011, pp. 1-4, s. 7.
4Ibid.
5Sub-paragraph (v) was substituted and sub-paragraph (va) was inserted by the Constitution  
(Sixth Amendment) Act, 1976 (LXXXIV of 1976) ; assented to by the President on 31 December  
1976; and, published in the Gazette of Pakistan (Extraordinary), dated:  4 January 1977, p. 21, s. 
4: it came into force on 1 December 1973.
Constitution: (Amendment) Order, 2007 | 141
(3) No Act of  1[Majlis-e-Shoora  (Parliament)] shall  apply  to any 
Federally Administered Tribal Area or to any part thereof, unless the  
President so directs, and no Act of 2[Majlis-e-Shoora (Parliament)]  or  
a Provincial Assembly shall apply to a Provincially Administered Tribal  
Area, or to any part thereof, unless the Governor of the Province in  
which the Tribal Area is situate, with the approval of the President, so  
directs; and in giving such a direction with respect to any law, the  
President or, as the case may be, the Governor, may direct that the  
law shall, in its application to a Tribal Area, or to a specified part  
thereof, have effect subject to such exceptions and modifications as  
may be specified in the direction. 
(4) Notwithstanding  anything  contained  in  the  Constitution,  the 
President  may,  with  respect  to  any  matter  within  the  legislative 
competence of 3[Majlis-e-Shoora (Parliament)], and the Governor of a  
Province, with the prior approval of the President, may, with respect to  
any  matter  within  the  legislative  competence  of  the  Provincial 
Assembly make regulations for the peace and good government of a  
Provincially Administered Tribal Area or any part thereof, situated in  
the Province. 
(5) Notwithstanding  anything  contained  in  the  Constitution,  the 
President may, with respect to any matter, make regulations for the  
peace and good government of a Federally Administered Tribal Area  
or any part thereof. 
(6) The President may, at any time, by Order, direct that the whole  
or any part of a Tribal Area shall cease to be Tribal Area, and such  
Order may contain such incidental and consequential provisions as  
appear to the President to be necessary and proper: 
Provided  that  before  making  any  Order  under  this  clause,  the 
President shall ascertain, in such manner as he considers appropriate, 
the views of the people of the Tribal Area concerned, as represented  
in tribal jirga.
(7) Neither the Supreme Court nor a High Court shall exercise any  
jurisdiction under the Constitution  in relation to a Tribal Area, unless  
4[Majlis-e-Shoora (Parliament)] by law otherwise provides: 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O.  No. 14 of 1985)  came into force on 2 March 1985 and , published in the Gazette of  
Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule,  
item 1: the Order came into force on 2 March 1985 and was saved under Article 270A of the  
Constitution.2Ibid.
3Ibid.
4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
142 | Constitution: (Amendment) Order, 2007
Provided  that nothing  in  this  clause  shall  affect the jurisdiction 
which the Supreme Court or a High Court exercised in relation to a  
Tribal Area immediately before the commencing day.
Chapter 4
General
248. Protection to President, Governor, Minister, etc.−(1) The  
President,  a  Governor,  the  Prime  Minister,  a  Federal  Minister,  a 
Minister of State, the Chief Minister and a Provincial Minister shall not  
be  answerable  to  any  court  for  the  exercise  of  powers  and 
performance of functions of their respective offices or for any act done  
or  purported  to  be  done  in  the  exercise  of  those  powers  and 
performance of those functions: 
Provided  that  nothing  in  this  clause  shall  be  construed  as 
restricting the right of any person to bring appropriate proceedings  
against the Federation or a Province.
(2) No  criminal  proceedings  whatsoever  shall  be  instituted  or 
continued against the President or a Governor in any court during his  
term of office. 
(3) No process for the arrest or imprisonment of the President or a  
Governor shall issue from any court during his term of office. 
(4) No  civil  proceedings  in  which  relief  is  claimed  against  the 
President or a Governor shall be instituted during his term of office in  
respect of anything done or not done by him in his personal capacity  
whether before or after he enters upon his office unless, at least sixty  
days before the proceedings are instituted, notice in writing has been  
delivered to him, or sent to him in the manner prescribed by law,  
stating the nature of the proceedings, the cause of action, the name,  
description  and  place  of  residence  of  the  party  by  whom  the 
proceedings are to be instituted and the relief which the party claims. 
249. Legal proceedings.− (1) Any legal proceedings which, but for  
the  Constitution,  could  have  been  brought  by  or  against  the 
Federation  in  respect  of  a  matter  which,  immediately  before  the 
commencing day, was the responsibility of the Federation and has,  
under the Constitution, become the responsibility of a Province, shall  
be brought by or against the Province concerned; and if any such  
legal proceedings were pending in any court immediately before the  
commencing day then, in those proceedings, for the Federation the  
Province concerned shall, as from that day, be deemed to have been  
substituted. 
(2) Any legal proceedings which, but for the Constitution , could  
have been brought by or against a Province in respect of a matter  
which, immediately before the commencing day, was the responsibility 
Constitution: (Amendment) Order, 2007 | 143
of  the  Province  and  has  under  the  Constitution  become  the 
responsibility of the Federation, shall be brought by or against the  
Federation; and if any such legal proceedings were pending in any  
court  immediately  before  the  commencing  day  then,  in  those 
proceedings, for the Province the Federation shall, as from that day,  
be deemed to have been substituted. 
250. Salaries,  allowances,  etc.,  of  the  President,  etc.− (1)  
Within two years from the commencing day, provision shall be made  
by law for determining the salaries, allowances and privileges of the  
President, the Speaker and Deputy Speaker and a member of the  
National  Assembly  or  a  Provincial  Assembly,  the  Chairman  and 
Deputy Chairman and a member of the Senate, the Prime Minister, a  
Federal Minister, a Minister of State, 1[* *] a Chief Minister, a Provincial 
Minister and the Chief Election Commissioner.
(2) Until other provision is made by law,− 
(a) the salaries, allowances and privileges of the President, the 
Speaker or Deputy Speaker or a member of the National  
Assembly or a Provincial Assembly, a Federal Minister, a  
Minister  of  a  State,  2[*  *]  a  Chief  Minister,  a  Provincial 
Minister and the Chief Election Commissioner shall be the  
same as the salaries, allowances and privileges to which  
the President, the Speaker or Deputy Speaker or member  
of  the  National  Assembly  of  Pakistan  or  a  Provincial 
Assembly, a Federal Minister, a Minister of State, 3[* *] a 
Chief Minister, a Provincial Minister or, as the case may be, 
the Chief Election Commissioner was entitled immediately  
before the commencing day; and 
(b) the salaries, allowances and privileges of the Chairman,  
the Deputy Chairman, the Prime Minister and a member of  
the Senate shall be such as the President may by Order  
determine. 
(3) The  salary,  allowances  and  privileges  of  a  person  holding 
office as− 
(a) the President;
(b) the Chairman or Deputy Chairman;
(c) the Speaker or Deputy Speaker of the National Assembly  
or a Provincial Assembly;
1The expression “a Governor,” was omitted by the Constitution  (First Amendment) Act, 1974  
(XXXIII of 1974); assented to by the President on 4 May 1974; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 8 May 1974, pp. 179-182, s. 13.
2Ibid. 
3Ibid. 
144 | Constitution: (Amendment) Order, 2007
(d) a Governor;
(e) the Chief Election Commissioner; or
(f) the Auditor-General;
shall not be varied to his disadvantage during his term of office. 
(4) At  any  time  when  the  Chairman  or  Speaker  is  acting  as 
President, he shall be entitled to the same salary, allowances and  
privileges as a President but shall not exercise any of the functions of  
the office of Chairman or Speaker or a member of  1[Majlis-e-Shoora 
(Parliament)]  or  be  entitled  to  salary,  allowances  or  privileges  as 
Chairman, Speaker or such a member. 
251. National language.− (1) The National language of Pakistan is  
Urdu, and arrangements shall be made for its being used for official  
and other purposes within fifteen years from the commencing day. 
(2) Subject to clause (1), the English language may be used for  
official purposes until arrangements are made for its replacement by  
Urdu. 
(3) Without prejudice  to the status of the National  language, a  
Provincial Assembly may by law prescribe measures for the teaching,  
promotion and use of a Provincial language in addition to the national  
language. 
252. Special  provisions  in  relation  to  major  ports  and  
aerodromes.− (1)  Notwithstanding  anything  contained  in  the  
Constitution or in any law, the President may, by public notification,  
direct that, for a period not exceeding three months from a specified  
date, a specified law, whether a Federal law or a Provincial law, shall  
not apply to a specified major port or major aerodrome, or shall apply  
to  a  specified  major  port  or  major  aerodrome  subject  to specified 
exceptions or modifications. 
(2) The giving of a direction under this Article in relation to any law  
shall not affect the operation of the law prior to the date specified in  
the direction. 
253. Maximum limits as to property, etc .− (1) 2[Majlis-e-Shoora 
(Parliament)] may by law − 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 145
(a) prescribe the maximum limits as to property or any class  
thereof which may be owned, held, possessed or controlled 
by any person; and
(b) declare  that  any  trade,  business,  industry  or  service 
specified in such law shall be carried on or owned, to the  
exclusion,  complete  or  partial,  of  other  persons,  by  the 
Federal Government or a Provincial Government, or by a  
corporation controlled by any such Government.
(2) Any law which permits a person to own beneficially or possess  
beneficially  an  area  of  land  greater  than  that  which,  immediately 
before the commencing day, he could have lawfully owned beneficially 
or possessed beneficially shall be invalid. 
254. Failure to comply with requirement as to time does not  
render an act invalid.−When  any act or thing is  required  by the 
Constitution to be done within a particular period and it is not done  
within that period, the doing of the act or thing shall not be invalid or  
otherwise ineffective by reason only that it was not done within that  
period. 
255. Oath of office .− (1) An oath required to be made by a person  
under  the  Constitution shall  1[preferably  be  made  in  Urdu  or]  a 
language that is understood by that person. 
(2) Where, under the Constitution , an oath is required to be made  
before a specified person and, for any reason, it is impracticable for  
the oath to be made before that person, it may be made before such  
other person as may be nominated by that person.
 
(3) Where, under the Constitution, a person is required to make an 
oath before he enters upon an office, he shall be deemed to have  
entered upon the office on the day on which he makes the oath. 
256. Private armies forbidden .− No private organization capable  
of functioning as a military organization shall be formed, and any such  
organization shall be illegal. 
257. Provision relating to the State of Jammu and Kashmir .− 
When  the  people  of  the  State  of  Jammu  and  Kashmir  decide  to 
accede to Pakistan, the relationship between Pakistan and the State  
shall be determined in accordance with the wishes of the people of  
that State. 
258. Government of territories outside Provinces.−Subject  to 
the Constitution, until 2[Majlis-e-Shoora (Parliament)] by law otherwise  
provides, the President may, by order, make provision for peace and  
1Substituted ibid, for the words “be made in”, item 51.
146 | Constitution: (Amendment) Order, 2007
good  government  of  any  part  of  Pakistan  not  forming  part  of  a 
Province. 
259. Awards.− (1)  No  citizen  shall  accept  any  title,  honour  or 
decoration  from any  foreign State except  with  the approval  of the 
Federal Government. 
(2) No title, honour or decoration shall be conferred by the Federal  
Government or any Provincial  Government on any citizen, but the  
President  may  award  decorations  in  recognition  of  gallantry  1[, 
meritorious service in the Armed Forces]  2[, academic distinction or  
distinction in the field of sports or nursing], as provided by Federal law. 
(3) All titles, honours and decorations awarded to citizens by any  
authority in Pakistan before the commencing day otherwise than in  
recognition of gallantry 3[, meritorious service in the Armed Forces] or  
academic distinction shall stand annulled.
Chapter 5
Interpretation
260. Definitions.− (1)  In  the  Constitution,  unless  the  context 
otherwise  requires,  the  following  expressions  have  the  meaning 
hereby respectively assigned to them, that is to say,− 
"Act of  4[Majlis-e-Shoora (Parliament)]" means an Act passed  
by  5[Majlis-e-Shoora  (Parliament)]  or  the  National  Assembly 
and assented to, or deemed to have been assented to, by the  
President;
2Substituted for the word “Parliament”  by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
1Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the  
President on 4 May 1974; and,  published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s.14: it came into force from the date of the commencement of the  
Constitution i.e. 14 August 1973.
2Substituted  for  the  words  “or  academic  distinction”  by the Constitution (Third  Amendment) 
Order, 1981 (P. O. No. 12 of 1981), published in the Gazette of Pakistan (Extraordinary), dated:  
12 October 1981, p. 507, Article 2: the Order was saved under Article 270A of the Constitution.
3Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974) ) ; assented to by the 
President on 4 May 1974; and,  published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s.14.
4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
5Ibid.
Constitution: (Amendment) Order, 2007 | 147
"Act  of  Provincial  Assembly"  means  an  Act  passed  by  the 
Provincial Assembly of a Province and assented to, or deemed  
to have been assented to, by the Governor;
"agricultural income" means agricultural income as defined for  
the purposes of the law relating to income-tax;
"Article" means Article of the Constitution;
"borrow"  includes  the  raising  of  money  by  the  grant  of 
annuities, and "loans" shall be construed accordingly;
"Chairman" means the Chairman of the Senate and, except in  
Article  49,  includes  a  person  acting  as  Chairman  of  the 
Senate;
 1["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;]
"citizen" means a citizen of Pakistan as defined by law;
"clause" means clause of the Article in which it occurs;
    2[“consultation” * * * * *        ]
"corporation tax" means any tax on income that is payable by  
companies  and in respect of which the following  conditions  
apply:− 
(a) the  tax  is  not  chargeable  in  respect  of  agricultural 
income;
(b) no deduction in respect of the tax paid by companies is, 
by any law which may apply to the tax, authorised to be  
made  from  dividends  payable  by  the  companies  to 
individuals;
(c) no  provision  exists  for  taking  the  tax  so  paid  into 
account in computing for the purposes of income tax  
the total income of individual receiving such dividends,  
or  in  computing  the  income-tax  payable  by,  or 
refundable to, such individuals;
1Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the  
President on 4 May 1974; and,  published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 15.
2The definition of “consultation” was omitted by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 92. It was earlier inserted by  
the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), published in the  
Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-1049, Article 24. The said  
Order was declared as without lawful authority  and of no legal effect by Article 270AA: the said  
Article was substituted by the Constitution (Eighteenth Amendment) Act,  2010 (X of 2010) ; 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.
148 | Constitution: (Amendment) Order, 2007
"debt" includes any liability in respect of any obligation to repay 
capital sums by way of annuities and any liability under any  
guarantee, and "debt charges" shall be construed accordingly; 
"estate duty" means a duty assessed on, or by reference to,  
the value of property passing upon death;
"existing law" has the same meaning as in clause (7) of Article  
268;
"Federal law" means a law made by or under the authority  of 
1[Majlis-e-Shoora (Parliament)];
"financial year" means a year commencing on the first day of  
July;
"goods" includes all materials, commodities and articles;
"Governor" means the Governor of a Province and includes  
any person for the time being acting as the Governor of a  
Province;
"guarantee"  includes  any  obligation  undertaken  before  the 
commencing day to make payments in the event of the profits  
of an undertaking falling short of a specified amount;
"House" means the Senate or the National Assembly;
"joint sitting" means a joint sitting of the two Houses;
"Judge"  in  relation  to  the  Supreme Court or a  High  Court, 
includes the Chief Justice of the Court and also includes − 
(a) in  relation  to  the  Supreme  Court,  a  person  who  is 
acting as a Judge of the Court; and
(b) in  relation  to  the  High  Court,  a  person  who  is  an 
Additional Judge of the Court;
"members of the Armed Forces" does not include persons who  
are not, for the time being, subject to any law relating to the  
members of the Armed Forces;
"net  proceeds"  means,  in  relation  to  any  tax  or  duty,  the 
proceeds  thereof,  reduced  by  the  cost  of  collection,  as 
ascertained and certified by the Auditor-General;
"oath" includes affirmation;
"Part" means Part of the Constitution;
"pension" means a pension, whether contributory or not, of any 
kind whatsoever payable to, or in respect of, any person and  
includes retired pay so payable, a gratuity so payable, and any  
sum or sums so payable by way of the return, with or without  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 149
interest thereon or any addition thereto, of subscriptions to a  
provident fund;
"person" includes any body politic or corporate;
"President" means the President of Pakistan and includes a  
person for the time being acting as, or performing the functions  
of,  the  President  of  Pakistan  and,  as  respects  anything 
required  to  be  done  under  the  Constitution before  the  
commencing day, the President under the Interim Constitution  
of the Islamic Republic of Pakistan;
"property"  includes  any  right,  title  or  interest  in  property, 
movable  or immovable, and any means and instruments of  
production;
"Provincial law" means a law made by or under the authority  of 
the Provincial Assembly;
"remuneration" includes salary and pension;
"Schedule" means Schedule to the Constitution;
"security of Pakistan" includes the safety, welfare, stability and  
integrity of Pakistan and of each part of Pakistan, but shall not  
include public safety as such;
"service  of  Pakistan"  means  any  service,  post  or  office  in 
connection with the affairs of the Federation or of a Province,  
and  includes  an  All-Pakistan  Service, service in the Armed 
Forces  and  any  other  service  declared  to  be  a  service  of 
Pakistan by or under Act of 1[Majlis-e-Shoora (Parliament)]  or  
of  a  Provincial  Assembly,  but  does  not  include  service  as 
Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime 
Minister,  Federal  Minister,  Minister  of  State,  Chief  Minister, 
Provincial Minister  2[, Attorney-General,]  3[Advocate-General,] 
4[Parliamentary  Secretary]  5[,Chairman  or  member  of  a  law 
commission, Chairman or member of the Council of Islamic  
Ideology, Special Assistant to the Prime Minister, Adviser to  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 15.
3Inserted by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the  
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 16.
4Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 15.
5Inserted by the Constitution (Sixth Amendment) Act, 1976 (LXXXIV of 1976); assented to by the  
President on 31 December 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 4 January 1977, p. 21, s. 5.
150 | Constitution: (Amendment) Order, 2007
the  Prime  Minister,  Special  Assistant  to  a  Chief  Minister, 
Adviser  to  a  Chief  Minister]  or  member  of  a  House  or  a 
Provincial Assembly;
"Speaker" means the Speaker of the National Assembly or a  
Provincial Assembly, and includes any person acting as the  
Speaker of the Assembly;
"taxation" includes the imposition of any tax or duty, whether  
general,  local  or  special,  and  "tax"  shall  be  construed 
accordingly;
"tax on  income" includes  a tax in  the  nature  of an excess 
profits tax or a business profits tax.
(2) In the Constitution  "Act of  1[Majlis-e-Shoora (Parliament)]" or  
"Federal law" or "Act of Provincial Assembly" or "Provincial law" shall  
include an Ordinance promulgated by the President or, as the case  
may be, a Governor. 
  2[(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,  
Budhist  or  Parsi  community,  a  person  of  the  Quadiani 
group or the Lahori group (who call themselves 'Ahmadis'  
or by any other name), or a Bahai, and a person belonging  
to any of the scheduled castes.]
261. Person  acting  in  office  not  to  be  regarded  as  
successor  to  previous  occupant  of  office,  etc .− For  the  
purposes of the Constitution , a person who acts in an office shall not  
be  regarded  as  the  successor  to  the  person  who  held  that  office 
before him or as the predecessor to the person who holds that office  
after him. 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
2Substituted  by  the  Constitution (Third  Amendment)  Order,  1985  (P.  O.  No.  24  of  1985), 
published in the Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article  
6: the Order was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 151
262. Gregorian calendar to be used .− For the purposes of the  
Constitution,  period  of  time  shall  be  reckoned  according  to  the 
Gregorian calendar. 
263. Gender and number.− In the Constitution,− 
(a) words importing the masculine gender shall be taken to  
include females; and
(b) words in the singular shall include the plural, and words in  
the plural shall include the singular.
264. Effect of repeal of laws .− Where a law is repealed, or is  
deemed  to  have  been  repealed,  by,  under,  or  by  virtue  of  the 
Constitution, the repeal shall not, except as otherwise provided in the  
Constitution,− 
(a) revive anything not in force or existing at the time at which  
the repeal takes effect;
(b) affect the previous operation of the law or anything duly  
done or suffered under the law;
(c) affect any right, privilege,  obligation  or liability  acquired, 
accrued or incurred under the law;
(d) affect  any  penalty,  forfeiture  or  punishment  incurred  in 
respect of any offence committed against the law; or
(e) affect  any  investigation,  legal  proceeding  or  remedy  in 
respect  of  any  such  right,  privilege,  obligation,  liability, 
penalty, forfeiture or punishment;
and  any  such  investigation,  legal  proceeding  or  remedy  may  be 
instituted, continued or enforced, and any such penalty, forfeiture or  
punishment may be imposed, as if the law had not been repealed.
Chapter 6
Title, Commencement and Repeal
265. Title  of  Constitution  and  commencement .− (1)  This  
Constitution shall be known as the Constitution of the Islamic Republic  
of Pakistan. 
(2) Subject to clauses (3) and (4), the Constitution  shall come into 
force on the fourteenth day of August, one thousand nine hundred and 
seventy-  three  or  on  such  earlier  day  as  the  President  may,  by 
notification in the official Gazette, appoint, in the Constitution referred  
to as the "commencing day".
(3) The Constitution shall, to the extent necessary − 
(a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
152 | Constitution: (Amendment) Order, 2007
(c) for the election of the President and the Prime Minister to  
be held; and
(d) to  enable  any  other  thing  to  be  done  which,  for  the 
purposes of the Constitution , it is necessary to do before  
the commencing day,
come  into  force  upon  the  enactment  of  the  Constitution,  but  the 
person elected as President or Prime Minister shall not enter upon his  
office before the commencing day. 
(4) Where by the Constitution  a power is conferred to make rules  
or to issue orders with respect to the enforcement of any provision  
thereof, or with respect to the establishment of any Court or office, or  
the appointment of any Judge or office thereunder, or with respect to  
the person by whom, or the time when, or the place where, or the  
manner in which, anything is to be done under any such provision,  
then that power may be exercised at any time between the enactment  
of the Constitution and its commencement. 
266. Repeal.− The Interim Constitution  of the Islamic Republic  of  
Pakistan,  together  with  the  Acts  and  President's  Orders  making 
omissions from, additions to, modifications of, or amendments in, that  
Constitution is hereby repealed.
Chapter 7
Transitional
267. Power of President to remove difficulties.− (1) At any time  
before the commencing day or before the expiration of three months  
from  the  commencing  day,  the  President  may,  for the purpose  of 
removing  any  difficulties,  or  for  bringing  the  provisions  of  the 
Constitution into  effective  operation,  by  Order,  direct  that  the 
provisions of the Constitution shall, during such period as may be  
specified  in  the  Order,  have  effect,  subject  to  such  adaptations, 
whether by way of modification, addition or omission, as he may deem  
to be necessary or expedient. 
(2) An  Order  made  under  clause  (1)  shall  be  laid  before  both 
Houses  without  undue  delay,  and  shall  remain  in  force  until  a 
resolution disapproving  it is passed by each House or, in case of  
disagreement between the two Houses, until such resolution is passed 
at a joint sitting. 
 1[267A. Power to remove difficulties .− (1) If any difficulty arises in  
giving  effect  to  the  provisions  of  the  Constitution (Eighteenth  
Amendment) Act, 2010, hereinafter in this Article referred to as the  
1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 93.
Constitution: (Amendment) Order, 2007 | 153
Act, or for bringing the provisions of the Act into effective operation,  
the matter shall be laid before both Houses in a joint sitting which may  
by a resolution direct that the provisions of the Act shall, during such  
period as may be specified in the resolution, have effect, subject to  
such  adaptations,  whether  by  way  of  modification,  addition  or 
omission, as may be deemed necessary or expedient: 
Provided that this power shall be available for a period of one year  
from the commencement of the Act. 
267B.  Removal  of  doubt.− For  removal  of  doubt  it  is  hereby 
declared  that  Article  152A  omitted  and  Articles  179  and  195 
substituted by the Constitution  (Seventeenth Amendment) Act, 2003  
(Act  No.  III  of  2003),  notwithstanding  its  repeal,  shall  be  deemed 
always to have been so omitted and substituted.]
268. Continuance in force, and adaptation of, certain laws .− 
(1) Except as provided by this Article, all existing laws shall, subject to  
the Constitution, continue in force, so far as applicable and with the  
necessary  adaptations,  until  altered,  repealed  or  amended  by  the 
appropriate Legislature. 
 1[(2) * * * * * *       * ]
(3) For the purpose of bringing the provisions of any existing law  
into accord with the provisions of the Constitution  (other than Part II of 
the Constitution), the President may by Order, within a period of two  
years from the commencing day, make such adaptation, whether by  
way  of modification, addition  or omission,  as he may deem  to be  
necessary or expedient, and any such Order may be made so as to  
have  effect  from  such  day,  not  being  a  day  earlier  than  the 
commencing day, as may be specified in the Order. 
(4) The President may authorise 2 the Governor of a Province to  
exercise,  in  relation  to  the Province,  the  powers  conferred on  the 
President by clause (3) in respect of laws relating to matters with  
respect to which the Provincial Assembly has power to make laws. 
(5) The powers exercisable under clauses (3) and (4) shall be  
subject to the provisions of an Act of the appropriate Legislature. 
(6) Any  court,  tribunal  or  authority required  or  empowered  to 
enforce  an  existing  law  shall,  notwithstanding  that  no  adaptations 
have been made in such law by an Order made under clause (3) or  
clause  (4),  construe  the  law  with  all  such  adaptations  as  are 
necessary  to  bring  it  into  accord  with  the  provisions  of  the 
Constitution. 
1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 94.
2For such authorization, see S.R.O. No. 1328 (I)/73, dated: 17 September 1973, published in the  
Gazette of Pakistan (Extraordinary), Part-II, dated: 17 September 1973, p. 2001.
154 | Constitution: (Amendment) Order, 2007
(7) In  this  Article,  "existing  laws"  means  all  laws  (including 
Ordinances,  Orders-in-Council,  Orders,  rules,  bye-laws,  regulations 
and Letters Patent constituting a High Court, and any notifications and  
other legal instruments having the force of law) in force in Pakistan or  
any part thereof, or having extra-territorial validity, immediately before  
the commencing day. 
Explanation.− In  this  Article,  "in  force",  in  relation  to  any  law, 
means having effect as law whether or not the law has been brought  
into operation.
269. Validation  of  laws,  acts,  etc .− (1)  All  Proclamations,  
President's Orders, Martial Law Regulations, Martial Law Orders and  
all  other laws  made between  the twentieth day of December, one  
thousand  nine  hundred  and  seventy-one  and  the  twentieth  day of 
April,  one  thousand  nine  hundred  and  seventy-two  (both  days 
inclusive), are hereby declared, notwithstanding any judgment of any  
court, to have been validly made by competent authority  and shall not 
be called in question in any court on any ground whatsoever. 
(2) All  orders  made,  proceedings  taken  and  acts  done  by  any 
authority, or  by  any person,  which  were  made, taken  or done,  or 
purported to have been made, taken or done, between the twentieth  
day of December, one thousand nine hundred and seventy-one, and  
the twentieth day of April, one thousand nine hundred and seventy-
two (both days inclusive), in exercise of the powers derived from any  
President's  Orders,  Martial  Law  Regulations,  Martial  Law  Orders, 
enactments, notifications, rules, orders or bye-laws, or in execution of  
any orders made or sentences passed by any authority in the exercise  
or purported exercise of powers as aforesaid, shall, notwithstanding  
any judgment of any 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) No suit or other legal proceedings shall lie in any court against  
any authority or any person for or on account of or in respect of any  
order made, proceedings taken or act done whether in the exercise or  
purported  exercise  of  the  powers  referred  to  in  clause  (2)  or  in 
execution of or in compliance with orders made or sentences passed  
in exercise or purported exercise of such powers. 
270. Temporary validation of certain laws, etc .− (1) 1[Majlis-e-
Shoora (Parliament)] may by law made in the manner prescribed for  
legislation for a matter in Part I of the Federal Legislative List validate  
all Proclamations, President's Orders, Martial Law Regulations, Martial 
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 155
Law  Orders and  other  laws  made  between  the  twenty-fifth  day of 
March, one thousand nine hundred and sixty-nine, and the nineteenth  
day of December, one thousand nine hundred and seventy-one (both  
days inclusive). 
(2) Notwithstanding  a  judgment  of  any  court,  a  law  made  by 
1[Majlis-e-Shoora  (Parliament)]  under  clause  (1)  shall  not  be 
questioned in any court on any ground, whatsoever. 
(3) Notwithstanding the provisions of clause (1), and a judgment of 
any  court  to  the  contrary,  for  a  period  of  two  years  from  the 
commencing day, the validity of all such instruments as are referred to  
in clause (1) shall not be called in question before any court on any  
ground whatsoever. 
(4) All orders made, proceedings taken, and acts done by any  
authority,  or  any  person,  which  were  made,  taken  or  done,  or 
purported to have been made, taken or done, between the twenty-fifth  
day  of  March,  one  thousand  nine  hundred  and  sixty-nine,  and 
nineteenth  day  of  December,  one  thousand  nine  hundred  and 
seventy-one (both days inclusive), in exercise of powers derived from  
any President's Orders, Martial Law Regulations, Martial Law Orders,  
enactments, notifications, rules, orders or bye-laws, or in execution of  
any order made or sentence passed by any authority in the exercise  
or purported exercise of power as aforesaid shall, notwithstanding any  
judgment of any court, be deemed to be and always to have been  
validly  made,  taken  or  done,  so  however  that  any  such  order, 
proceeding  or  act  may  be  declared  invalid  by  2[Majlis-e-Shoora 
(Parliament)]  at  any  time  within  a  period  of  two  years  from  the 
commencing  day  by  resolution  of  both  Houses,  or  in  case  of 
disagreement between the two Houses, by such resolution passed at  
a joint sitting and shall not be called in question before any court on  
any ground, whatsoever. 
  3[270A. Affirmation  of  President's  Orders,  etc .− (1)  The  
Proclamation  of the fifth day of July, 1977, all  President's  Orders,  
1Ibid.
2Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
3Substituted by the Constitution  (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by  
the President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 11 November 1985, pp. 403-410, s. 19: it came into force with effect from 30 December  
1985 -- the day on which the Proclamation of Martial Law of the fifth day of July, 1977 was  
revoked by Proclamation of Withdrawal of Martial Law, published in the Gazette of Pakistan  
(Extraordinary), dated: 30 December 1985, pp. 431-432, paragraph 1; and with that the whole of  
the Constitution stood revived. It was earlier inserted by the Revival of the Constitution of 1973  
Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated:  
17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 52: the Order came into  
force on 2 March 1985 and was saved under Article 270A of the Constitution.
156 | Constitution: (Amendment) Order, 2007
Ordinances, Martial Law Regulations, Martial Law Orders, including  
the Referendum Order, 1984 (P. O. No. 11 of 1984), 4[* * * * * * * * * *  
*] 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 judgment of any  
court,  to  have  been  validly  made  by  competent  authority and,  
notwithstanding anything contained in the Constitution, shall not be  
called in question in any court on any ground whatsoever: 
Provided  that  a  President's  Order,  Martial  Law  Regulation  or 
Martial Law Order made after the thirtieth day of September, 1985,  
shall be confined only to making such provisions as facilitate, or are  
incidental to, the revocation of the Proclamation of the fifth day of July,  
1977.
(2) All  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,  Ordinances,  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 judgment of any court, be deemed to be  
and always to have been validly made, taken or done and shall not be  
called in question in any court on any ground whatsoever. 
(3) All President's Orders, Ordinances, Martial Law Regulations,  
Martial Law Orders, enactments, notifications, rules, orders or bye-
laws in force immediately before the date on which this Article comes  
into force shall continue in force until altered, repealed or amended by  
competent authority. 
Explanation.− In this clause, “competent authority” means,− 
(a) in respect of President's Orders, Ordinances, Martial Law  
Regulations,  Martial  Law  Orders  and  enactments,  the 
appropriate Legislature; and
4The expression “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,”  was  omitted  by  the  Constitution (Eighteenth  
Amendment)  Act,  2010  (X  of  2010);  assented  to  by  the  President  on  19 April  2010;  and, 
published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 95.
Constitution: (Amendment) Order, 2007 | 157
(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.
  1[(6) The laws referred to in clause (1) may be amended by the  
appropriate  Legislature  in  the  manner  provided  for  amendment  of 
such laws.]]
 2[270AA. Declaration and continuance of laws etc .− (1) The  
Proclamation of Emergency of the fourteenth day of October, 1999,  
the Provisional Constitution  Order No. 1 of 1999, the Oath of Office  
(Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12  
of 2002, Chief Executive's Order No. 19 of 2002, the amendments  
made in the Constitution through the Legal Framework Order, 2002  
(Chief  Executive's  Order  No.  24  of  2002),  the  Legal  Framework 
(Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002)  
and the Legal Framework (Second Amendment) Order, 2002 (Chief  
Executive's Order No. 32 of 2002), notwithstanding any judgment of  
any court including the Supreme Court or a High Court, are hereby  
declared as having been made without lawful authority  and of no legal 
effect. 
(2) Except as provided in clause (1) and subject to the provisions  
of  the  Constitution (Eighteenth  Amendment)  Act,  2010,  all  laws 
including  President's  Orders,  Acts,  Ordinances,  Chief  Executive's 
Orders, regulations, enactments, notifications, rules, orders or bye-
laws made between the twelfth day of October, one thousand nine  
hundred  and  ninety-nine  and  the  thirty-first day  of December,  two 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by  
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 95.
2Ibid, s. 96. Article 270AA was initially inserted by the Legal Framework Order, 2002 (C.E.O No.  
24 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp.  
1031-1049,  Article  26.  The  Constitution  (Seventeenth  Amendment)  Act,  2003  (III  of  2003), 
published in the Gazette of Pakistan (Extraordinary), dated: 31 December 2003, pp. 149-153, s.  
10 validated  with  modification.  However,  Article  270AA,  which  was  substituted  by  the  said 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) declared the said Legal Framework  
Order, 2002 (C.E.O No. 24 of 2002) as without lawful authority and of no legal effect.  
158 | Constitution: (Amendment) Order, 2007
thousand  and  three  (both  days  inclusive)  and  still  in  force  shall, 
continue  to be in  force until  altered, repealed  or amended by  the 
competent authority. 
Explanation.− For  the  purposes  of  clause  (2)  and  clause  (6), 
"competent authority" means,− 
(a) in  respect  of  Presidents'  Orders,  Ordinances,  Chief 
Executive's  Orders  and  all  other  laws,  the  appropriate 
Legislature; and 
(b) in respect of notifications, rules, orders and bye-laws, the  
authority in  which  the  power  to  make,  alter,  repeal  or 
amend the same vests under the law. 
(3) Notwithstanding  anything  contained  in  the  Constitution or  
clause (1), or judgment of any court including the Supreme Court or a  
High Court,− 
(a) Judges of the Supreme Court, High Courts and Federal  
Shariat Court who were holding the office of a Judge or  
were appointed as such, and had taken oath under the  
Oath of Office (Judges) Order, 2000, (1 of 2000), 1 shall be 
deemed to have continued to hold the office as a Judge or  
to have  been appointed  as such, as the case  may be,  
under  the  Constitution ,  and  such  continuance  or  
appointment, shall have effect accordingly. 
(b) Judges of the Supreme Court, High Courts and Federal  
Shariat Court who not having been given or taken oath  
under the Oath of Office (Judges) Order, 2000 (1 of 2000), 2 
and  ceased  to hold  the office  of a Judge shall,  for the 
purposes of pensionary benefits only, be deemed to have  
continued to hold office under the Constitution  till their date 
of superannuation. 
(4) All  orders  made,  proceedings  taken,  appointments  made, 
including  secondments  and  deputations,  and  acts  done  by  any 
authority,  or  by  any  person  which  were  made,  taken  or  done,  or 
purported to have been made, taken or done, between the twelfth day  
of October, one thousand nine hundred and ninety-nine and the thirty  
first day of December, two thousand and three (both days inclusive),  
in  exercise  of  the  powers  derived  from  any  authority  or  laws 
mentioned in clause (2), or in execution of or in compliance with any  
orders made or sentences passed by any authority in the exercise or  
purported  exercise  of  powers  as  aforesaid,  shall,  notwithstanding 
anything contained in clause (1), be deemed to be valid and shall not  
be called in question in any court or forum on any ground whatsoever. 
1Published in the Gazette of Pakistan (Extraordinary), dated: 25 January 2000, pp. 21-25.  
2Ibid.  
Constitution: (Amendment) Order, 2007 | 159
(5) No suit, prosecution or other legal proceedings, including writ  
petitions, shall lie in any court or forum against any authority  or any  
person,  for  or  on  account  of  or  in  respect  of  any  order  made, 
proceedings taken or act done whether in the exercise or purported  
exercise of the powers referred to in clause (2) or clause (4) or in  
execution of or in compliance with orders made or sentences passed  
in exercise or purported exercise of such powers. 
(6) Notwithstanding omission of the Concurrent Legislative List by  
the  Constitution (Eighteenth  Amendment)  Act,  2010,  all  laws  with 
respect to any of the matters enumerated in the said List (including  
Ordinances, Orders, rules, bye-laws, regulations and notifications and  
other legal instruments having the force of law) in force in Pakistan or  
any  part  thereof,  or  having  extra-territorial  operation,  immediately 
before  the  commencement  of  the  Constitution  (Eighteenth  
Amendment) Act, 2010, shall continue to remain in force until altered,  
repealed or amended by the competent authority. 
(7) Notwithstanding  anything  contained  in  the  Constitution,  all 
taxes and fees levied under any law in force immediately before the  
commencement  of  the  Constitution  (Eighteenth  Amendment)  Act, 
2010, shall continue to be levied until they are varied or abolished by  
an Act of the appropriate legislature. 
(8) On the omission of the Concurrent Legislative List, the process  
of devolution of the matters mentioned in the said List to the Provinces 
shall be completed by the thirtieth day of June, two thousand and  
eleven. 
(9) For purposes of the devolution process under clause (8), the  
Federal Government shall constitute an Implementation Commission  
as it may deem fit within fifteen days of the commencement of the  
Constitution (Eighteenth Amendment) Act, 2010.]
 1[270AAA. Validation and affirmation of laws etc. − * *   * ]
 2[270B. Elections  to  be  deemed  to  be  held  under  
Constitution.− Notwithstanding  anything  contained  in  the  
Constitution, the elections held under the Houses of Parliament and  
1Added by the Constitution  (Amendment) Order, 2007 (P. O. No.5 of 2007), published in the  
Gazette of Pakistan (Extraordinary), dated: 20 November 2007, pp. 1479-1482, Article 6. It was  
declared ultra vires the Constitution by the Supreme Court in the case citied as Sindh High Court  
Bar Association versus Federation of Pakistan (PLD 2009 Supreme Court 879).  
2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published 
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 52: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
160 | Constitution: (Amendment) Order, 2007
Provincial Assemblies (Elections) Order, 1977 1,  2[and the Conduct of  
General  Elections  Order,  2002  (Chief  Executive's  Order  No.7  of 
2002),] to the Houses and the Provincial Assemblies shall be deemed  
to  have  been  held  under  the  Constitution  and  shall  have  effect 
accordingly.] 
 3[270BB.  General  Elections  2008 .− Notwithstanding  anything  
contained in the Constitution  or any other law for the time being in  
force, the General Elections 2008, to the National Assembly and the  
Provincial Assemblies held on the eighteenth day of February, two  
thousand and eight shall be deemed to have been held under the  
Constitution and shall have effect accordingly.]
 4[270C. Oath of office of Judges, etc.−  * * *  *  ] 
5271. First  National  Assembly .− (1)  Notwithstanding  anything  
contained in the Constitution, but subject to 6[Article 63,] Article 64 and 
Article 223,− 
7[(a) the first National Assembly shall consist of − 
1President’s (Post-Proclamation) Order No. 5 of 1977, published in the Gazette of Pakistan  
(Extraordinary), dated: 28 July 1977, pp.449-450. The Order was repealed by the Conduct of  
General Elections (Fourth Amendment) Order, 2002 (C.E.O. No. 21 of 2002), published in the  
Gazette of Pakistan (Extraordinary), dated: 31 July 2002, pp. 885-898, Article 12, saved under  
Article 270AA of the Constitution. 
2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 97: it came into force on 21 August 2002. For the text of the Order,  
see the Gazette of Pakistan (Extraordinary), dated: 27 February 2002, pp. 53-57.
3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 98.
4Inserted  by  the  Legal  Framework  Order,  2002  (Chief  Executive’s  Order  No.  24  of  2002), 
published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp.1031-1049,  
Article 3 read with the Schedule, item 28. The said Order was, however, declared as without  
lawful authority and of no legal effect under Article 270AA as substituted by the Constitution  
(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010;  
and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.
5Vide the Removal of Difficulties (Bar Against Double Membership) Order, 1973 (P.O. No. 22 of  
1973), published in the Gazette of Pakistan (Extraordinary), dated: 2 November 1973, pp. 688-
689, Article 2, Article 271 shall, during the period of five years from the 27 October 1973, have  
effect as if,-
(a) after clause (2) thereof, the following new clause was inserted namely:-
“(2A) A person referred to in clause (2) shall resign one of his seats at any time  
on or before the 10 day of November, 1973, and, if he does not so resign, the  
seats to which he was elected first shall become vacant.”; and
(b) in  clause  (3)  thereof,  after  the  words,  “election  petition”,  the  words  “or 
otherwise” were inserted.
6Inserted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the  
President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 25 November 1975, pp. 579-585, s. 9.
7Substituted ibid.
Constitution: (Amendment) Order, 2007 | 161
(i) persons who have taken oath in the National Assembly  
of  Pakistan  existing  immediately  before  the  
commencing day, and
(ii) the persons to be elected in accordance with law by the 
members of the Assembly to fill the seats referred to in  
clause (2A) of Article 51,
and, unless sooner dissolved, shall continue until the fourteenth day of 
August, one thousand nine hundred and seventy seven; and reference 
to  ‘total membership’  of the National Assembly in the Constitution  
shall be construed accordingly;]
(b) the  qualifications  and  disqualifications  for  being  elected 
and being a member of the first National Assembly shall,  
except in case of members filling casual vacancies 1[, or to 
be elected to the additional seats referred to in clause (2A)  
of Article 51,] after the commencing day, be the same as  
under the Interim Constitution  of the Islamic Republic of  
Pakistan: 
Provided that no person holding an office of profit in the  
service of Pakistan shall continue to be a member of the  
first National Assembly after the expiration of three months  
from the commencing day.
(2) If  a  person  referred  to  in  paragraph  (a)  of  clause  (1)  is, 
immediately  before  the  commencing  day,  also  a  member  of  a 
Provincial Assembly, he shall not take a seat in the National Assembly  
or the Provincial Assembly until he resigns one of his seats. 
(3) A  casual  vacancy  in  a  seat in  the  first  National  Assembly, 
including a vacancy in a seat in the National Assembly of Pakistan  
existing before the commencing day which was not filled before that  
day,  caused  by  reason  of  death  or  resignation  of  a  member  or 
consequent upon his incurring a disqualification or ceasing to be a  
member as a result of the final decision of an election petition may be  
filled in the same manner in which it would have been filled before the  
commencing day. 
(4) A person referred to in paragraph (a) of clause (1) shall not sit  
or  vote  in  the  National  Assembly  until  he  has  made  the  oath 
prescribed by Article 65 and, if, without the leave of the Speaker of the  
National Assembly granted on reasonable cause shown, he fails to  
make the oath within twenty-one days from the day of the first meeting  
of the Assembly, his seat shall become vacant at the expiration of that  
period. 
1Inserted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the  
President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 25 November 1975, pp. 579-585, s. 9.
162 | Constitution: (Amendment) Order, 2007
  1272.  First  2[constitution  of] Senate .− 3[*  *]  Notwithstanding 
anything contained in the Constitution , but subject to 4[Article 63 and]  
Article 223,−
(a) the Senate shall, until the first National Assembly under the 
Constitution continues  in  existence,  consist  of  forty-five 
members and the provisions of Article 59 shall have effect  
as if, in paragraph (a) of clause (1) thereof, for the word  
"fourteen"  the  word  "ten",  and  in  paragraph  (b)  of  that 
clause  for  the  word  "five"  the  word  "three",  were 
substituted, and reference to "total memberships" of the  
Senate in the Constitution shall be construed accordingly;
(b) the members elected or chosen as members of the Senate  
shall be divided into two groups by drawing of lots, the first  
group consisting of five members from each Province, two  
members from the Federally Administered Tribal Areas and 
one  member  from  the  Federal  Capital  and  the  second 
group consisting of five members from each Province, one  
member from the said Areas and one member from the  
Federal Capital;
(c) the term of office of members of the first group and of the  
second  group  shall  respectively  be  two  years  and  four 
years;
(d) the term of office of persons elected or chosen to succeed  
the  members  of  the  Senate  at  the  expiration  of  their 
respective terms shall be four years;
(e) the term of office of a person elected or chosen to fill a  
casual vacancy shall be the unexpired term of the member  
whose vacancy he is elected or chosen to fill;
(f) as  soon  as  the  first  general  election  to  the  National 
Assembly is held, there shall be elected to the Senate four  
additional members from each Province and two additional  
1Vide the Election to the Senate Order, 1973 (P.O. No. 8 of 1973), published in the Gazette of  
Pakistan (Extraordinary), dated: 9 June 1973, pp. 422-423, the following clause (2) of Article 272  
would be deemed to have been inserted between 19 June 1973 and 14 August, 1974,  namely:- 
“(2)  Until Parliament by law makes provision in that behalf, the President  
may, for the purpose of the Constitution  of, and election to, the Senate, by Order,  
make provision for any of the matters referred to in-
(a) Paragraphs (d) and (e) of clause (1) of Article 63;
(b) Paragraphs (d), (e) and (f) of Article 222; and 
(c) Article 225.”.2Inserted by the Constitution  (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the  
President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8  
May 1974, pp. 179-182, s. 16.
3The expression “(1)” was omitted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of  
1975); assented to by the President on 21 November 1975; and, published in the Gazette of  
Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 10.
4Inserted ibid.
Constitution: (Amendment) Order, 2007 | 163
members  from  the  Federally  Administered  Tribal  Areas; 
and
(g) the  term  of  office  of  such  half  of  the  members  elected 
under paragraph (f) as may be determined by drawing of  
lots shall be the unexpired term of office of the members of  
the first group and the term of office of the other half shall  
be  the  unexpired  term  of  the  members  of  the  second 
group.
  1273. First Provincial Assembly .− (1) Notwithstanding anything  
contained in the Constitution, but subject to 2[Article 63,] Article 64 and 
Article 223,− 
3[(a) the first Assembly  of a Province  under the Constitution  
shall consist of − 
(i) the members of the Assembly of that Province in  
existence immediately before the commencing day,  
and
(ii) the additional members to be elected in accordance 
with law by the members of the Assembly to fill the  
seats referred to in clause (3) of Article 106,
and,  unless  sooner  dissolved,  shall  continue  until  the 
fourteenth day of August, one thousand nine hundred and  
seventy-seven; and reference to "total membership" of the  
Assembly  of  a  Province  in  the  Constitution shall  be  
construed accordingly;] 
(b) the qualifications and disqualifications for membership of  
the first Assembly of a Province shall, except in case of  
members filling casual vacancies 4[, or to be elected to the  
additional seats referred to in clause (3) of Article 106,]  
after the commencing day, be the same as were provided  
in  the  Interim  Constitution of  the  Islamic  Republic  of 
Pakistan: 
Provided that no person holding an office of profit in the  
service of Pakistan shall continue to be a member of the  
1Vide the Removal of Difficulties (Bar against Double Membership) Order, 1973 (P.O. No. 22 of  
1973), published in the Gazette of Pakistan (Extraordinary), dated: 2 November 1973, pp. 688-
689, Article 273 shall, during the period of five years from the 27 October 1973, have effect as if,  
in clause (2) thereof, after the words “elections petitions”, the words “or otherwise” were inserted. 
2Inserted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the  
President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated:  25 November 1975, pp. 579-585, s. 11.
3Substituted ibid.
4Inserted ibid.
164 | Constitution: (Amendment) Order, 2007
Assembly  after  the  expiration  of  three  months  from  the 
commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province,  
including a vacancy in a seat in the Assembly of that Province in  
existence  immediately  before  the  commencing  day  which  was  not 
filled before that day, caused by reason of death or resignation of a  
member or consequent upon his incurring a disqualification or ceasing  
to be a member as a result of the final decision of an election petition  
may be filled in the same manner in which it would have been filled  
before the commencing day.
(3) A member referred to in paragraph (a) of clause (1) shall not  
sit or vote in the Provincial Assembly until he has made the oath  
prescribed by Article 65 read with Article 127 and, if, without leave of  
the Speaker of the Provincial Assembly granted on reasonable cause  
shown, he fails to make the oath within twenty-one days from the day  
of the first meeting of the Provincial Assembly, his seat shall become  
vacant at the expiration of that period. 
274. Vesting  of  property,  assets,  rights,  liabilities  and  
obligations.− (1) All property and assets which, immediately before  
the commencing day, were vested in the President or the Federal  
Government shall, as from that day, vest in the Federal Government  
unless  they  were  used  for  purposes  which,  on  that  day,  became 
purposes of the Government of a Province, in which case they shall,  
as from that day, vest in the Government of the Province.
(2) All  property  and  assets  which,  immediately  before  the 
commencing day, were vested in the Government of a Province, shall,  
as from that day, continue to be vested in the Government of that  
Province, unless they were used for purposes, which on that day,  
became  purposes  of  the  Federal  Government  in  which  case  they 
shall, as from that day, vest in the Federal Government. 
(3) All rights, liabilities and obligations of the Federal Government  
or of the Government of a Province, whether arising out of contract or  
otherwise,  shall  as  from  the  commencing  day,  continue  to  be 
respectively  the  rights,  liabilities  and  obligations  of  the  Federal 
Government or of the Government of the Province, except that −  
(a) all rights, liabilities and obligations relating to any matter  
which, immediately before that day, was the responsibility  
of  the  Federal  Government,  but  which  under  the  
Constitution,  has  become  the  responsibility  of  the  
Government  of  a  Province,  shall  devolve  upon  the 
Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter  
which, immediately before that day, was the responsibility  
Constitution: (Amendment) Order, 2007 | 165
of  the  Government  of  a  Province,  but  which  under  the 
Constitution, has become the responsibility of the Federal  
Government, shall devolve upon the Federal Government.
275. Continuance in office of persons in service of Pakistan, 
etc.− (1) Subject to the Constitution  and until law is made under  
Article 240 any person who, immediately before the commencing day,  
was in the service of Pakistan shall, as from that day, continue in the  
service  of  Pakistan  on  the  same  terms  and  conditions  as  were 
applicable  to  him  under  the  Interim  Constitution  of  the  Islamic 
Republic of Pakistan immediately before that day.
(2) Clause (1) shall also apply in relation to a person holding office  
immediately before the commencing day as − 
(a) Chief Justice of Pakistan or other Judge of the Supreme  
Court, or Chief Justice or other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the National Assembly or a  
Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney-General for Pakistan or Advocate-General for a  
Province; 
(g) Auditor-General of Pakistan.
(3) Notwithstanding anything contained in the Constitution , for a  
period of six months from the commencing day, a Federal Minister or  
a Minister of State or the Chief Minister of a Province or a Provincial  
Minister may be a person who is not a member of  1[Majlis-e-Shoora 
(Parliament)] or, as the case may be, the Provincial Assembly of that  
Province; and such Chief Minister and Provincial Minister shall have  
the right to speak and otherwise take part in the proceedings of the  
Provincial Assembly or any committee thereof of which he may be  
named a member, but shall not by virtue of this clause be entitled to  
vote. 
(4) Any person who, under this Article, is continued in an office in  
respect of which a form of oath is set out in the Third Schedule shall,  
as soon as is practicable after the commencing day, make before the  
appropriate person oath in that form.
(5) Subject to the Constitution and law −  
1Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2  
March 1985 and was saved under Article 270A of the Constitution. 
166 | Constitution: (Amendment) Order, 2007
(a) all civil, criminal and revenue courts exercising jurisdiction  
and  functions  immediately  before  the  commencing  day 
shall, as from that day, continue to exercise their respective 
jurisdictions and functions; and
(b) all authorities and all officers (whether judicial, executive,  
revenue  or  ministerial)  throughout  Pakistan  exercising 
functions immediately before the commencing day shall, as 
from  that  day,  continue  to  exercise  their  respective 
functions.
276. Oath of first President .− Notwithstanding anything contained  
in the Constitution, the first President may, in the absence of the Chief  
Justice of Pakistan, make the oath referred to in Article 42 before the  
Speaker of the National Assembly.
277. Transitional  financial  provisions.− (1)  The  schedule  of 
authorized expenditure authenticated by the President for the financial  
year ending on the thirtieth day of June, one thousand nine hundred  
and  seventy-four,  shall  continue  to  remain  a  valid  authority for  
expenditure from the Federal Consolidated Fund for that year.
(2) The President may, in respect of expenditure of the Federal  
Government  for  any  financial  year  preceding  the  financial  year 
commencing on the first day of July, one thousand nine hundred and  
seventy-three  (being  expenditure  in  excess  of  the  authorized 
expenditure for that year), authorize the withdrawal of moneys from  
the Federal Consolidated Fund. 
(3) The provisions of clauses (1) and (2) shall apply to and in  
relation to a Province, and for that purpose −  
(a) any reference in those provisions to the President shall be  
read as a reference to the Governor of the Province;
(b) any  reference  in  those  provisions  to  the  Federal  
Government  shall  be  read  as  a  reference  to  the 
Government of the Province; and
(c) any  reference  in  those  provisions  to  the  Federal  
Consolidated  Fund  shall  read  as  a  reference  to  the 
Provincial Consolidated Fund of the Province.
278. Accounts  not  audited  before  commencing  day.− The  
Auditor-General shall perform the same functions and exercise the  
same powers in relation to accounts which have not been completed  
or  audited  before  the  commencing  day  as,  by  virtue  of  the 
Constitution, he is empowered to perform or exercise in relation to  
other  accounts,  and  Article  171  shall,  with  the  necessary  
modifications, apply accordingly.
Constitution: (Amendment) Order, 2007 | 167
279. Continuance of taxes.− Notwithstanding anything contained in 
the  Constitution, all  taxes and  fees  levied  under  any  law  in  force 
immediately before the commencing day shall continue to be levied  
until they are varied or abolished by Act of the appropriate Legislature.
280.  Continuance  of  Proclamation  of  Emergency .− The  
Proclamation  of  Emergency  issued  on  the  twenty-third  day  of 
November,  one  thousand  nine  hundred  and  seventy-one,  shall  be 
deemed to be a Proclamation of Emergency issued under Article 232,  
and for the proposes of clause (7) and clause (8) thereof to have been  
issued on the commencing day, and any law, rule or order made or  
purporting to have been made in pursuance of that Proclamation shall  
be deemed to have been validly made  1[and shall not be called in  
question in any court on the ground of inconsistency with any of the  
rights conferred by Chapter 1 of Part II].
1Added by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the  
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s.17 and shall be deemed to have always been so  
added i.e.  14 August 1973 (the date of commencement of the Constitution).
168 | Constitution: (Amendment) Order, 2007
1[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 representatives of the people; 
Wherein the principles of democracy, freedom, equality, tolerance  
and social justice as enunciated by Islam shall be fully observed; 
Wherein the Muslims shall be enabled to order their lives in the  
individual and collective spheres in accordance with the teachings and  
requirements of Islam as set out in the Holy Quran and the Sunnah; 
Wherein adequate provision shall be made for the minorities to  2[freely] 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  provisions  shall  be  made  to  safeguard  the 
legitimate  interests  of  minorities  and  backward  and  depressed 
classes; 
1Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published 
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 53: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 99.
Constitution: (Amendment) Order, 2007 | 169
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.]
170 | Constitution: (Amendment) Order, 2007
1 First Schedule
[Article 8(3)(b) and (4)]
Laws exempted from the operation 
of Article 8 (1) and (2)
Part I
I. 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). 
2[7. The  Settlement  of  Disputes  of  Immovable  Property  (Chitral) 
(Amendment) Regulation, 1976 (II of 1976).]
III. Federal Acts
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974). 
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975). 
3[3. The  Flour  Milling  Control  and  Development  Act,  1976  (LVII  of 
1976). 
1Substituted by the Constitution  (Fourth Amendment) Act, 1975 (LXXI of 1975) ; assented to by  
the President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 25 November 1975, pp. 579-585, s. 12.
2Added by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the  
President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 18.
3Added ibid.
[
Constitution: (Amendment) Order, 2007 | 171
4. The  Rice  Milling  Control  and  Development  Act,  1976  (LVIII  of 
1976). 
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 
1976).] 
   1[6. The Pakistan Army Act, 1952 (XXXIX of 1952).
7. The Pakistan Air Force Act, 1953 (VI of 1953).
8. The Pakistan Navy Ordinance, 1961 (XXXV of 1961).
9. The Protection of Pakistan Act, 2014 (X of 2014).]
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). 
2[VI. Provincial Ordinance
The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance,  
1976.]
Part II
I.  President's Orders
1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of 
1961). 
2. The  Companies  (Managing  Agency  and  Election  of  Directors) 
Order, 1972 (P.O. No. 2 of 1972). 
3. The 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). 
1Added by the Constitution  (Twenty-first Amendment) Act, 2015 (I of 2015) ; assented to by the  
President on 7 January 2015; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 
January 2015, pp.1-3, s. 3: the provision shall remain in force for a period of two years with effect 
from 8 January 2015, s.1.
2Added by the Constitution  (Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the  
President on 13 September 1976; and,  published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 18.
172 | Constitution: (Amendment) Order, 2007
6. The  Rulers  of  Acceding  States  (Abolition  of  Privy  Purses  and 
Privileges) Order, 1972 (P.O. No. 15 of 1972). 
7. The Industrial Sanctions and Licences (Cancellation) Order, 1972  
(P.O. No. 16 of 1972).
8. The Criminal Law Amendment (Special Court) Order, 1972 (P.O.  
No. 20 of 1972). 
II.  Regulations
1. Rawalpindi (Requisition of Property) Regulation, 1959. 
2. The Pakistan Capital Regulation, 1960. 
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961. 
4. The Income Tax (Correction of Returns and False Declaration)  
Regulation, 1969. 
5. The Improper Acquisition of Property Regulation, 1969. 
6. The Removal from Service (Special Provisions) Regulation, 1969. 
7. The Living Beyond Ostensible Means (Punishment) Regulation,  
1969. 
8. The  Government  Agricultural  Land  (Recovery  of  Illegal  
Possession) Regulation, 1969. 
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  Dues  (Recovery) 
Regulation, 1971. 
12. The Peshawar District and Tribal Areas (Settlement of Disputes)  
Regulation, 1971. 
13. The Convention Muslim League and Awami League (Scrutiny of  
Funds) Regulation, 1971. 
14. The Foreign Exchange Repatriation Regulation, 1972. 
15. The Foreign Assets (Declaration) Regulation, 1972. 
16. The Removal from Service (Review Petition) Regulation, 1972. 
17.  The  Privately  Managed  Schools  and  Colleges  (Taking  Over) 
Regulation, 1972. 
18. The Enemy Property (Revocation of Sales) Regulation, 1972. 
19. The  Dir  and  Swat  (Devolution  and  Distribution  of  Property) 
Regulation, 1972. 
20. The Dir and Swat (Settlement of Disputes of Immovable Property)  
Regulation, 1972.
Constitution: (Amendment) Order, 2007 | 173
21. The  West  Pakistan  Industrial  Development  Corporation  
(Revocation of Sale or Transfer) Regulation, 1972. 
22. The National Press Trust (Suspension of Board of Trustees and  
Directors) Regulation, 1972. 
23. The  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 (VIII 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. Ordinances Promulgated by the Governor of Former 
Province Of West Pakistan
1. The  West  Pakistan  Government  Educational  and  Training 
Institutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960). 
2. The  West  Pakistan  Waqf  Properties  Ordinance,  1961  (W.  P. 
Ordinance No. XXVIII of 1961). 
3. The  Societies  Registration  (West  Pakistan  Amendment)  
Ordinance, 1962 (W. P. Ordinance No. IX of 1962). 
4. The  West  Pakistan  Industries  (Control  on  Establishment  and 
Enlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963). 
VI. Ordinances  Promulgated  by  the  Governor  of  the  
North-West Frontier Province
1. The North-West Frontier Province Government Educational and  
Training Institutions Ordinance, 1971 (N. W. F. P. Ordinance No.  
III of 1971). 
2. The  North-West  Frontier  Province  Chashma  Right  Bank  Canal 
Project  (Control  and  Prevention  of  Speculation  in  Land)  
Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971). 
174 | Constitution: (Amendment) Order, 2007
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).
Constitution: (Amendment) Order, 2007 | 175
1 Second Schedule
[Article 41(3)]
Election of President
1. The  2[Election  Commission  of Pakistan] shall hold and conduct  
election  to  the  office  of  President,  and  3[Chief  Election 
Commissioner] shall be the Returning Officer for such election.
2. The  4[Election  Commission  of  Pakistan]  shall  appoint  Presiding 
Officers to preside at the meeting of the members of Majlis-e-
Shoora (Parliament) and at the meetings of the members of the  
Provincial Assemblies.
3. The Chief Election Commissioner shall by public notification fix the  
time  and  place  for  depositing  nomination  papers,  holding  a 
scrutiny,  making  withdrawals,  if  any,  and  holding  the  poll,  if 
necessary.
4. At  any  time  before  noon  on  the  day  fixed  for  nomination  any 
member  of  the  Majlis-e-Shoora  (Parliament)  or  of  a  Provincial 
Assembly  may  nominate  for  election  as  President  a  person 
qualified for election as President by delivering to the Presiding  
Officer a nomination paper, signed by himself as proposer and by  
another member of the Majlis-e-Shoora  (Parliament) or, as the  
case may be Assembly as seconder, together with a statement  
signed  by  the  person  nominated  that  he  consents  to  the 
nomination:
Provided that no person shall subscribe, whether as proposer or  
as seconder, more than one nomination paper at any one election.
5. The scrutiny shall be held by the Chief Election Commissioner at  
the time and place fixed by him, and if after scrutiny only one  
person  remains  validly  nominated,  the  Chief  Election  
Commissioner shall declare that person to be elected, or if more  
than one person remains validly nominated, he shall announce, by  
public notification, the names of the persons validly nominated, to  
be hereinafter called the candidates.
6. A candidate may withdraw his candidature at any time before noon 
on the day fixed for this purpose by delivering a notice in writing  
1Substituted by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article  
2 read with the Schedule, item 54: the Order came into force on 2 March 1985 and was saved  
under Article 270A of the Constitution.
2Substituted  for  the  words  “Chief  Election  Commissioner”  by  the  Constitution (Twentieth  
Amendment) Act, 2012 (V of 2012); assented to by the President on 28 February 2012; and,  
published in the Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 10.
3Inserted ibid.
4Substituted ibid, for the words “Chief Election Commissioner”.
[
176 | Constitution: (Amendment) Order, 2007
under his hand to the Presiding Officer with whom his nomination  
paper  has  been  deposited,  and  a  candidate  who  has  given  a 
notice of withdrawal of his candidature under this paragraph shall  
not be allowed to cancel that notice.
7. If all but one of the candidates have withdrawn, that one shall be  
declared by the Chief Election Commissioner to be elected.
8. If there is no withdrawal, or if, after withdrawals have taken place,  
two or more candidates are left, the Chief Election Commissioner  
shall announce by public notification the names of the candidates,  
and their proposers and seconders, and shall proceed to hold a  
poll  by  secret  ballot  in  accordance  with  the  provisions  of  the 
succeeding paragraphs.
9. If a candidate whose nomination has been found to be in order  
dies after the time 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,  and  respective 
Presiding  Officers shall  conduct the poll  with the assistance  of 
such officers as they may, with the approval of the Chief Election  
Commissioner, respectively appoint.
11. A ballot paper shall be issued to every member of Majlis-e-Shoora  
(Parliament),  and  of  each  Provincial  Assembly,  who  presents 
himself for voting at the meeting of the members of the Majlis-e-
Shoora  (Parliament)  or,  as  the  case  may  be  of  the  Provincial 
Assembly of which he is a member (hereinafter referred to as a  
person  voting),  and  he  shall  exercise  his  vote  personally  by 
marking  the  paper  in  accordance  with  the  provisions  of  the 
succeeding paragraphs. 
12. The  poll  shall  be  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  
Constitution: (Amendment) Order, 2007 | 177
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, 
canceling the first ballot paper and marking the cancellation on the  
appropriate counterfoil. 
16. A ballot paper shall be invalid if − 
(i) there is upon it any name, word or mark, by which the  
person voting may be identified; or 
(ii) it does not contain the initials of the Presiding Officer; or 
(iii) it does not contain a mark; or 
(iv) a  mark  is  placed  against  the  names  of  two  or  more 
candidates; or 
(v) there is any uncertainty as to the identity of the candidate  
against whose name the mark is placed. 
17. After  the  close  of  the  poll  each  Presiding  Officer  shall,  in  the 
presence  of  such  of  the  candidates  or  their  authorized  
representatives as may desire to be present, open and empty the  
ballot boxes and examine the ballot papers therein, rejecting any  
which are invalid, count the number of votes recorded for each  
candidate on the valid ballot papers, and communicate the number 
of the votes so recorded to the Chief Election 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 
178 | Constitution: (Amendment) Order, 2007
(c) the number of votes calculated in the manner referred to in  
clause (b) shall be added to the number of votes counted  
under clause (a). 
Explanation.− In  this  paragraph,  "total  number  of  seats" 
includes seats reserved for non-Muslims and women. 
(2) A fraction shall be rounded off to the nearest whole. 
19. The  candidate  who  has  obtained  the  largest  number  of  votes 
compiled  in  the  manner  specified  in  paragraph  18  shall  be 
declared by the Chief Election Commissioner to be elected. 
20. Where at any poll any two or more candidates obtain an equal  
number of votes, the selection of the candidate to be elected shall  
be by drawing of lots. 
21. When,  after  any  poll,  the  counting  of  the  votes  has  been 
completed,  and  the  result  of  the  voting  determined,  the  Chief 
Election Commissioner shall forthwith announce the result to those 
present, and shall report the result to the Federal Government,  
who shall forthwith cause the result to be declared by a public  
notification. 
22. The 1[Election Commission of Pakistan] may, by public notification,  
with the approval of the President, make rules for carrying out the  
purposes of this Schedule.] 
1Substituted  for  the  words  “Chief  Election  Commissioner”  by  the  Constitution (Twentieth  
Amendment) Act, 2012 (V of 2012); assented to by the President on 28 February 2012; and,  
published in the Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 10.
Constitution: (Amendment) Order, 2007 | 179
Third Schedule
Oaths of Office
President
[Article 42]
I,  ____________,  do  solemnly  swear  that  I  am  a  Muslim  and 
believe  in the Unity and Oneness of Almighty  Allah, the Books of  
Allah,  the Holy  Quran  being  the last of them, the Prophethood  of  
Muhammad (peace be upon him) as the last of the Prophets and that  
there can be no Prophet after him, the Day of Judgment, and all the  
requirements and teachings of the Holy Quran and Sunnah:
That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and  
perform my functions, honestly, to the best of my ability, faithfully in  
accordance with the Constitution  of the Islamic Republic of Pakistan  
and the law, and always in the interest of the sovereignty, integrity,  
solidarity, well-being and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan:
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people,  
according to law, without fear or favour, affection or ill-will: 
And that I will not directly or indirectly communicate  or reveal to  
any person any matter which shall be brought under my consideration  
or shall become known to me as President of Pakistan, except as may  
be required for the due discharge of my duties as President. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
180 | Constitution: (Amendment) Order, 2007
Prime Minister
[Article 91 ( 1[5])]
  
 I, ____________, do solemnly swear that l am a Muslim and  
believe  in the Unity and Oneness of Almighty  Allah, the Books of  
Allah,  the Holy  Quran  being  the last of them, the Prophethood  of 
Muhammad (peace be upon him) as the last of the Prophets and that  
there can be no Prophet after him, the Day of Judgment, and all the  
requirements and teachings of the Holy Quran and Sunnah: 
That I will bear true faith and allegiance to Pakistan:
That, as Prime Minister of Pakistan, I will discharge my duties, and  
perform my functions, honestly, to the best of my ability, faithfully in  
accordance with the Constitution  of the Islamic Republic of Pakistan  
and the law, and always in the interest of the sovereignty, integrity,  
solidarity, well-being and prosperity of Pakistan:                   
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan:
That I will not allow my personal interest to influence my official  
conduct or my official decisions:
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
That, in all circumstances, I will do right to all manner of people,  
according to law, without fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate  or reveal to  
any person any matter which shall be brought under my consideration  
or shall become known to me as Prime Minister except as may be  
required for the due discharge of my duties as Prime Minister. 
2[May Allah Almighty help and guide me (A'meen).]
1Substituted for the figure “3” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary),  dated:  20  April  2010,  pp.  267-316,  s.  100.  The  original  figure  of  “4”  was 
substituted by virtue of substitution of Article 91 by the Revival of the Constitution of 1973 Order,  
1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17  
March 1985, pp. 185-227, Article 2 read with the Schedule, item 20: the Order came into force 
on 2 March 1985 and was saved under Article 270A of the Constitution.
2Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 181
Federal Minister or Minister of State
[Article 92 (2)]
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as Federal Minister (or Minister of State); I will discharge my  
duties, and perform my functions, honestly, to the best of my ability,  
faithfully in accordance with the Constitution  of the Islamic Republic of  
Pakistan and the law, and always in the interest of the sovereignty,  
integrity, solidarity, well-being and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
That, in all circumstances, I will do right to all manner of people,  
according to law, without fear or favour, affection or ill-will: 
And that I will not directly or indirectly communicate  or reveal to  
any person any matter which shall be brought under my consideration  
or  shall  become  known  to  me  as  Federal  Minister  (or  Minister  of 
State), except as may be required for the due discharge of my duties  
as  Federal  Minister (or Minister  of State),  or as  may be specially 
permitted by the Prime Minister. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
182 | Constitution: (Amendment) Order, 2007
Speaker of National Assembly 
or Chairman of Senate
[Articles 53 (2) and 61]                     
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as Speaker of the National Assembly (or Chairman of the  
Senate)  and  whenever  I  am  called  upon  to  act  as  President  of 
Pakistan,  I  will  discharge  my  duties,  and  perform  my  functions, 
honestly, to the best of my ability, faithfully, in accordance with the  
Constitution of  the  Islamic  Republic  of  Pakistan,  the  law  and  as 
Speaker of the National Assembly in accordance with the rules of the  
Assembly (or as Chairman of the Senate in accordance with the rules  
of the Senate), and always in the interest of the sovereignty, integrity,  
solidarity, well-being and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill- will. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 183
Deputy Speaker of National Assembly
or Deputy Chairman of Senate
[Articles 53(2) and 61]
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, whenever I am called upon to act as Speaker of the National  
Assembly (or Chairman of the Senate), I will discharge my duties and  
perform my functions honestly, to the best of my ability, faithfully, in  
accordance with the Constitution  of the Islamic Republic of Pakistan,  
the law and the rules of the Assembly (or Senate), and always in the  
interest  of  the  sovereignty,  integrity,  solidarity,  well-being  and 
prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill-will. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
184 | Constitution: (Amendment) Order, 2007
Member of National Assembly or Member of Senate
[Article 65]                                               
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That as a member of the National Assembly (or Senate), I will  
perform my functions honestly, to the best of my ability, faithfully, in  
accordance with the Constitution  of the Islamic Republic of Pakistan  
and the law, and the rules of the Assembly (or Senate), and always in  
the  interest  of  the  sovereignty,  integrity,  solidarity,  well-being  and 
prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
And that I will preserve, protect and defend the Constitution  of the 
Islamic Republic of Pakistan. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 185
Governor of Province
[Article 102]
             
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as the Governor of the Province  of ____________  I will  
discharge my duties, and perform my functions, honestly, to the best  
of  my  ability,  faithfully  in  accordance  with  the  Constitution of  the 
Islamic Republic of Pakistan and the law, and always in the interest of  
the  sovereignty,  integrity,  solidarity,  well-being  and  prosperity  of 
Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
That, in all circumstances, I will do right to all manner of people,  
according to law, without fear or favour, affection or ill-will: 
And that I will not directly or indirectly communicate  or reveal to  
any person any matter which shall be brought under my consideration  
or  shall  become  known  to  me  as  Governor  of  the  Province  of 
____________ except as may be required for the due discharge of my 
duties as Governor. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
186 | Constitution: (Amendment) Order, 2007
Chief Minister or Provincial Minister
[Articles 1[130(5)] and 132( 2)]
                       
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as a Chief Minister (or Minister) of the Government of the  
Province of ____________ I will discharge my duties and perform my  
functions honestly, to the best of my ability, faithfully in accordance  
with the Constitution  of the Islamic Republic of Pakistan and the law,  
and always in the interest of the sovereignty, integrity, solidarity, well-
being and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
That, in all circumstances, I will do right to all manner of people,  
according to law, without fear or favour, affection or ill-will: 
And that I will not directly or indirectly communicate  or reveal to  
any person any matter which shall be brought under my consideration  
or shall become known to me as Chief Minister (or Minister) except as  
may be required for the due discharge of my duties as Chief Minister  
(or Minister or as may be specially permitted by the Chief Minister). 
2[May Allah Almighty help and guide me (A'meen).]
1Substituted for the figures and brackets “131(4)” by the Constitution  (Eighteenth Amendment)  
Act, 2010 (X of 2010) ; assented to by the President on 19 April 2010; and,  published in the  
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 100.
2Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 187
Speaker of a Provincial Assembly
[Articles 53( 2) and 127]
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as Speaker of the Provincial Assembly of the Province of  
____________, 1[and whenever I am called upon to act as Governor, I  
will discharge] my duties, and perform my functions, honestly, to the  
best of my ability, faithfully in accordance with the Constitution  of the  
Islamic Republic of Pakistan, the law and the rules of the Assembly,  
and always in the interest of the sovereignty, integrity, solidarity, well-
being and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill-will. 
2[May Allah Almighty help and guide me (A'meen).]
1Substituted for the words “I will discharge” by the Constitution  (Eighteenth Amendment) Act,  
2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette 
of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 100.
2Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
188 | Constitution: (Amendment) Order, 2007
Deputy Speaker of a Provincial Assembly
[Articles 53( 2) and 127]
                                      
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That,  whenever  I  am  called  upon  to  act  as  Speaker  of  the 
Provincial Assembly of the Province of ____________, I will discharge  
my duties, and  perform my functions,  honestly, to the best of my  
ability,  faithfully  in  accordance  with  the  Constitution of  the  Islamic 
Republic of Pakistan, the law and the rules of the Assembly, and  
always in the interest of the sovereignty, integrity, solidarity, well-being 
and prosperity of Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill-will. 
1[May Allah Almighty help and guide me (A'meen).] 
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 189
Member of a Provincial Assembly
[Articles 65 and 127]
       I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as a member of the Provincial Assembly of ____________, I  
will perform my functions honestly, to the best of my ability, faithfully in  
accordance with the Constitution  of the Islamic Republic of Pakistan,  
the law and the rules of the Assembly, and always in the interest of  
the  sovereignty,  integrity,  solidarity,  well-being  and  prosperity  of 
Pakistan: 
That I will strive to preserve the Islamic Ideology which is the basis  
for the creation of Pakistan: 
And that I will preserve, protect and defend the Constitution  of the 
Islamic Republic of Pakistan:
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
190 | Constitution: (Amendment) Order, 2007
Auditor-General of Pakistan
[Article 168 (2)]
                                                              
I, _________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan: 
That, as Auditor-General of Pakistan, I will discharge my duties  
and perform my functions honestly, faithfully in accordance with the  
Constitution of the Islamic Republic of Pakistan and the law and to the  
best of my knowledge, ability and judgment, without fear or favour,  
affection or ill- will, and that I will not allow my personal interest to  
influence my official conduct or my official decisions.   
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 191
Chief Justice of Pakistan or of a High Court or 
Judge of the Supreme Court or a High Court
[Articles 178 and 194]
I, ____________, do solemnly swear that I will bear true faith and  
allegiance to Pakistan:
That, as Chief Justice of Pakistan (or a Judge of the Supreme  
Court of Pakistan or Chief Justice or a Judge of the High Court for the  
Province or Provinces of ____________) I will discharge my duties,  
and  perform  my functions,  honestly, to  the best  of my ability  and 
faithfully in accordance with the Constitution  of the Islamic Republic of  
Pakistan and the law: 
That I will abide by the code of conduct  issued by the Supreme  
Judicial Council:           
That I will not allow my personal interest to influence my official  
conduct or my official decisions: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favor, affection or ill-will. 
1[May Allah Almighty help and guide me (A'meen).]  
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
192 | Constitution: (Amendment) Order, 2007
1[Chief Justice 
or Judge of the Federal Shariat Court
[Article 203C (7)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, _________________________,  do  solemnly  swear that I will 
bear true faith and allegiance to Pakistan: 
That, as Chief Justice of the Federal Shariat Court (or a Judge of  
the Federal Shariat Court), I will discharge my duties, and perform my  
functions,  honestly,  to  the  best  of  my  ability,  and  faithfully,  in 
accordance with the Constitution  of the Islamic Republic of Pakistan  
and the law: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions. 
That I will abide by the code of conduct  issued by the Supreme  
Judicial Council: 
That I will preserve, protect and defend the Constitution  of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill-will. 
2[May Allah Almighty help and guide me (A'meen).] 
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and,  published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 100. It was earlier inserted by the Constitution (Amendment)  
Order, 1980 (P. O. No. 1 of 1980), issued by the President on 26 May 1980 and was published in 
the Gazette of Pakistan (Extraordinary), dated: 27 May 1980, pp. 59-64, Article 4: the Order was  
saved under Article 270A of the Constitution.
2Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule item 55: the Order came into force on 2 March 1985 and was saved under  
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 193
Chief Election Commissioner 1[or a Member of 
the Election Commission of Pakistan]
[Article 214]
I,  ____________,  do  solemnly  swear  that  as  Chief  Election 
Commissioner  2[or,  as  the  case  may  be,  member  of  the  Election 
Commission of Pakistan] I will discharge my duties, and perform my  
functions, honestly, to the best of my ability, faithfully in accordance  
with the Constitution  of the Islamic Republic of Pakistan and the law,  
and without fear or favour, affection or ill-will, and that I will not allow  
my personal interest to influence my official  conduct or my official  
decisions. 
3[May Allah Almighty help and guide me (A'meen).]
1Added by the Constitution  (Twentieth Amendment) Act, 2012 (V of 2012) ; assented to by the  
President on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: 
29 February 2012, pp. 93-97, s. 11.
2Added ibid.
3Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
194 | Constitution: (Amendment) Order, 2007
Members of the Armed Forces
[Article 244]
I, ____________, do solemnly swear that I will bear true faith and  
allegiance  to  Pakistan  and  uphold  the  Constitution of  the  Islamic 
Republic of Pakistan which embodies the will of the people, that I will  
not engage myself in any political activities whatsoever and that I will  
honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or 
Air Force) as required by and under the law. 
1[May Allah Almighty help and guide me (A'meen).]
1Added by the Revival of the Constitution  of 1973 Order, 1985 (P.O. No. 14 of 1985), published  
in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read  
with the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under 
Article 270A of the Constitution.
Constitution: (Amendment) Order, 2007 | 195
Fourth Schedule
[Article 70(41)]
Legislative Lists
Federal Legislative List
Part I
1. The defence of the Federation or any part thereof in peace or war;  
the military, naval and air forces of the Federation and any other  
armed forces raised or maintained by the Federation; any armed  
forces which are not forces of the Federation but are attached to  
or  operating  with  any  of  the  Armed  Forces  of  the  Federation 
including  civil  armed  forces;  Federal  intelligence  bureau;  
preventive detention for reasons of State connected with defence,  
external affairs, or the security of Pakistan or any part thereof;  
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. Military,  naval  and  air  force  works;  local  self-government  in 
cantonment areas, the constitution and powers within such areas  
of cantonment authorities, the regulation of house accommodation  
in such areas, and the delimitation of such areas. 
3. External  affairs;  the  implementing  of  treaties  and  agreements, 
including  educational  and  cultural  pacts  and  agreements,  with 
other countries; extradition, including  the surrender of criminals  
and accused persons to Governments outside Pakistan. 
4. Nationality, citizenship and naturalisation. 
5. Migration from or into, or settlement in, a Province or the Federal  
Capital. 
6. Admission  into,  and  emigration  and  expulsion  from,  Pakistan, 
including in relation thereto the regulation of the movements in  
Pakistan  of  persons  not  domiciled  in  Pakistan;  pilgrimages  to 
places beyond Pakistan. 
7. Posts and telegraphs, including telephones, wireless, broadcasting 
and other like forms of communications; Post Office Saving Bank. 
8. Currency, coinage and legal tender. 
1The original figure “6” shall be read as the figure “4” as a consequence of substitution of Article  
70 by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 23(4).
196 | Constitution: (Amendment) Order, 2007
9. Foreign exchange; cheques, bills of exchange, promissory notes  
and other like instruments. 
10. Public debt of the Federation, including the borrowing of money on  
the security of the Federal Consolidated Fund; foreign loans and  
foreign aid. 
11. Federal Public Services and Federal Public Service Commission. 
12. Federal  Pensions,  that  is  to  say,  pensions  payable  by  the 
Federation or out of the Federal Consolidated Fund. 
13. Federal Ombudsmen. 
14. Administrative Courts and Tribunals for Federal subjects. 
15. Libraries, museums, and similar institutions controlled or financed  
by the Federation. 
16. Federal agencies and institutes for the following purposes, that is  
to say, for research, for professional or technical training, or for  
the promotion of special studies. 
17. Education as respects Pakistani students in foreign countries and  
foreign students in Pakistan. 
18. Nuclear energy, including − 
(a) mineral  resources  necessary  for  the  generation  of  nuclear 
energy; 
(b) the production of nuclear fuels and the generation and use of  
nuclear energy; and 
(c) ionizing radiations 1[; and]
    2[(d) boilers.]
19. Port  quarantine,  seamen's  and  marine  hospitals  and  hospitals 
connected with port quarantine. 
20. Maritime  shipping  and  navigation,  including  shipping  and  
navigation on tidal waters; Admiralty jurisdiction. 
   3[21. * * * * * *     ]
22. Aircraft and air navigation; the provision of aerodromes; regulation  
and organisation of air traffic and of aerodromes. 
23. Lighthouses, including lightships, beacons and other provisions for  
the safety of shipping and aircraft. 
1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); 
assented to by the President  on 19 April 2010; and,  published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.
2Added ibid.
3The entry  “Major ports, that is to say, the declaration and delimitation of such ports, and the  
constitution and powers of port authorities therein.” was omitted ibid. 
Constitution: (Amendment) Order, 2007 | 197
24. Carriage of passengers and goods by sea or by air. 
25. Copyright,  inventions,  designs,  trade-marks  and  merchandise 
marks. 
26. Opium so far as regards sale for export. 
27. 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. 
28. State Bank of Pakistan; banking, that is to say, the conduct of  
banking business by corporations other than corporations owned  
or controlled by a Province and carrying on business only within  
that Province. 
29. The law of insurance, except as respects insurance undertaken by  
a  Province,  and  the  regulation  of  the  conduct  of  insurance 
business, except as respects business undertaken by a Province;  
Government insurance, except so far as undertaken by a Province  
by virtue of any matter within the legislative competence of the  
Provincial Assembly. 
30. Stock exchanges and futures markets with objects and business  
not confined to one Province. 
31. Corporations,  that  is  to  say,  the  incorporation,  regulation  and 
winding-up of trading corporations, including banking, insurance  
and financial corporations, but not including corporations owned or  
controlled by a Province and carrying on business only within that  
Province, or co-operative societies, and of corporations, whether  
trading or not, with objects not confined to a Province, but not  
including universities. 
1[32.International  treaties,  conventions  and  agreements  and  
International arbitration.]
  2[33. * * * * * * *   ] 
34. National highways and strategic roads. 
35. Federal  surveys  including  geological  surveys  and  Federal 
meteorological organisations. 
36. Fishing and fisheries beyond territorial waters. 
37. Works,  lands  and  buildings  vested  in,  or  in  the  possession  of 
Government for the purposes of the Federation (not being military,  
1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by 
the President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated:  
20 April 2010, pp. 267-316, s. 101.
2The entry “State lotteries.” was omitted ibid.
198 | Constitution: (Amendment) Order, 2007
naval or air force works), but, as regards property situate in a  
Province, subject always to Provincial legislation, save in so far as  
Federal law otherwise provides. 
 1[38.  * * * * * * *   ] 
39. Establishment of standards of weights and measures. 
 2[40. * * * * * * *   ]
41. Elections to the office of President, to the National Assembly, the  
Senate  and  the  Provincial  Assemblies;  Chief  Election  
Commissioner and Election Commissions. 
42. The salaries, allowances and privileges of the President, Speaker  
and  Deputy  Speaker  of  the  National  Assembly,  Chairman  and 
Deputy Chairman of the Senate, Prime Minister, Federal Ministers, 
Ministers of State, the salaries, allowances and privileges of the  
members  of  the  Senate  and  the  National  Assembly;  and  the 
punishment of persons who refuse to give evidence or produce  
documents before committees thereof. 
43. Duties of customs, including export duties. 
44. Duties of exercise, including duties on salt, but not including duties  
on alcoholic liquors, opium and other narcotics. 
 3[45. * * * * * * *   ]
 4[46. * * * * * * *   ]
 
47. Taxes on income other than agricultural income. 
48. Taxes on corporations. 
1The entry “Census” was omitted by the Constitution  (Eighteenth Amendment) Act, 2010 (X of  
2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.
2The entry “Extension of the powers and jurisdiction of members of a police force belonging to  
any Province to any area in another Province, but not so as to enable the police of one Province  
to exercise powers and jurisdiction in another Province without the consent of the Government of 
that Province; extension of the powers and jurisdiction of members of a police force belonging to  
any Province to railway areas outside Province.” was omitted ibid.
3The entry “Duties in respect of succession to property.” was omitted ibid.
4The entry “Estate duty in respect of property.” was omitted ibid.
Constitution: (Amendment) Order, 2007 | 199
1[49.Taxes on the sales and purchases of goods imported, exported,  
produced, manufactured or consumed  2[,  except  sales  tax  on 
services].] 
50. Taxes on the capital value of the assets, not including taxes 3[* *] 
on immovable property. 
51. Taxes  on  mineral  oil,  natural  gas  and  minerals  for  use  in 
generation of nuclear energy. 
52. Taxes  and  duties  on  the  production  capacity  of  any  plant, 
machinery, undertaking, establishment or installation in lieu of the  
taxes and duties specified in entries 44, 47, 48, and 49 or in lieu of  
any one or more of them. 
53. Terminal taxes on goods or passengers carried by railway, sea or  
air; taxes on their fares and freights. 
54. Fees in respect of any of the matters in this Part, but not including  
fees taken in any court. 
55. Jurisdiction and powers of all courts, except the Supreme Court,  
with respect to any of the matters in this List and, to such extent as 
is  expressly  authorised  by  or  under  the  Constitution,  the 
enlargement  of  the  jurisdiction  of  the  Supreme  Court,  and  the 
conferring thereon of supplemental powers. 
56. Offences against laws with respect to any of the matters in this  
Part. 
57. Inquiries and statistics for the purposes of any of the matters in  
this Part. 
58. Matters  which  under  the  Constitution are  within  the  legislative 
competence  of  4[Majlis-e-Shoora  (Parliament)]  or  relate  to  the 
Federation. 
59. Matters incidental or ancillary to any matter enumerate in this Part. 
1Substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the  
President on 13 September 1976; and,  published in the Gazette of Pakistan (Extraordinary),  
dated: 15 September 1976, pp. 511-515, s. 19.
2Added by the Constitution  (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the  
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 101.
3The words “on capital gains” were omitted ibid.
4Substituted for the word “Parliament” by the Revival of the Constitution  of 1973 Order, 1985  
(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March  
1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order  came into force on 2  
March 1985 and was saved under Article 270A of the Constitution.
200 | Constitution: (Amendment) Order, 2007
Part II
1. Railways. 
2. Mineral oil and natural gas; liquids and substances declared by  
Federal law to be dangerously inflammable. 
3. Development  of  industries,  where  development  under  Federal 
control is declared by Federal law to be expedient in the public  
interest;  institutions,  establishments,  bodies  and  corporations 
administered or managed by the Federal Government immediately  
before the commencing day, including the  1[Pakistan Water and  
Power  Development  Authority  and  the  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. 
 2[4. Electricity.
5. Major ports, that is to say, the declaration and delimitation of such  
ports, and the constitution and powers of port authorities therein. 
6. All regulatory authorities established under a Federal law. 
7. National  planning  and  national  economic  coordination  including 
planning and coordination of scientific and technological research. 
8. Supervision and management of public debt. 
9. Census. 
10. Extension of the powers and jurisdiction of members of a police  
force belonging to any Province to any area in another Province,  
but not so as to enable the police of one Province to exercise  
powers and jurisdiction in another Province without the consent of  
the Government of that Province; extension of the powers and  
jurisdiction of members of a police force belonging to any Province  
to railway areas outside that Province. 
11. Legal, medical and other professions.
12. Standards  in  institutions  for  higher  education  and  research, 
scientific and technical institutions. 
13. Inter-provincial matters and co-ordination.]
1Substituted for the words “West Pakistan Water and Power Development Authority and the  
West Pakistan Industrial Development Corporation” by the Constitution  (Fifth Amendment) Act,  
1976 (LXII of 1976); assented to by the President on 13 September 1976; and, published in the 
Gazette of Pakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 19.
2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and,  published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 101.
Constitution: (Amendment) Order, 2007 | 201
 3[14.] Council of Common Interests. 
2[15.] Fees in respect of any of the matters in this Part but not including  
fees taken in any court. 
3[16.] Offences against laws with respect to any of the matters in this 
Part. 
4[17.] Inquiries and statistics for the purposes of any of the matters in 
this Part. 
5[18.] Matters incidental or ancillary to any matter enumerated in this  
Part. 
6[Concurrent Legislative List  * * ] 
3The existing entry “(4)” was renumbered by the Constitution  (Eighteenth Amendment) Act, 2010 
(X of 2010) ; assented to by the President on 19 April 2010; and,  published in the Gazette of  
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.
2The existing entry “(5)” was renumbered ibid.
3The existing entry “(6)” was renumbered ibid.
4The existing entry “(7)” was renumbered ibid.
5The existing entry “(8)” was renumbered ibid.
6Omitted ibid.
202 | Constitution: (Amendment) Order, 2007
Fifth Schedule
[Article 205]
Remuneration and Terms and Conditions of Service of 
Judges
The Supreme Court
1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 1
[9,900] per mensem, and to every other Judge of the Supreme  
Court a salary of Rs. 2[9,500] per mensem 3[, or such higher salary  
as the President may, from time to time, determine4]. 
2. Every  Judge  of  the  Supreme  Court  shall  be  entitled  to  such 
privileges and allowances, and to such rights in respect of leave of  
absence and pension , as may be determined by the President,  
and until so determined, to the privileges, allowances and rights to  
which, immediately before the commencing day, the Judges of the  
Supreme Court of Pakistan were entitled. 
5[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 
1Substituted for the figure “7,900” by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of  
1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “6,500” 
was substituted as “7,900” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article  
2: it came into force on 1 July 1983. Earlier, the figure “5,500” was replaced by the figure “6,500”  
by the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the  
Gazette  of  Pakistan  (Extraordinary),  dated:  17  November  1981,  p.  513,  Article  2.  The 
amendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order,  
1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25  
November 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the  
Constitution. 
2Substituted for the figure “7,400” by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of  
1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “6,000” 
was substituted as “7,400” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article  
2: it came into force on 1 July 1983. Earlier, the figure “5,100” was replaced by the figure “6,000”  
by the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the  
Gazette  of  Pakistan  (Extraordinary),  dated:  17  November  1981,  p.  513,  Article  2.  The 
amendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order,  
1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25  
November 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the  
Constitution.  
3Added by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by the  
President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: 28  
July 1991, pp. 351-354, s. 3.
4The salary of the Judges of the Superior Courts was last revised vide President’s Order No.2 of  
2015 with effect from 1 day of July 2014: the present salary of Chief Justice of Pakistan is  
Rs.650,816 and of the Judge of the Supreme Court, Rs.614,798 per month. 
5Substituted by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by  
the President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated:  
28 July 1991, pp. 351-354, s.3.
Constitution: (Amendment) Order, 2007 | 203
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]
1[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  per  cent 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 per 
cent of the pension admissible to him at the minimum rate.
5. The  pension shall  be  payable  to  the  widow for  life  or,  if  she 
remarries, until her marriage. 
6. If the widow dies, the pension shall be payable − 
(a) to the sons of the Judge who are less than twenty-one years of  
age, until they attain that age; and 
(b) to the unmarried daughters of the Judge who are less than  
twenty-one  years  of  age,  until  they  attain  that  age  or  are 
married, whichever first occurs.]
The High Court
1. There shall be paid to the Chief Justice of a High Court a salary of  
Rs. 2[9,400] per mensem, and to every other Judge of a High Court 
1Added by the Constitution  (Amendment) Order, 1985 (P.O. No. 6 of 1985), published in the  
Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article 2: it came into  
force on 1 July 1981.
2Substituted for the figure “7,200” by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of  
1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “5,800” 
was substituted as “7,200” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article  
2: it came into force on 1 July 1983. Earlier, the figure “5,000” was replaced by the figure “5,800”  
by the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the  
Gazette  of  Pakistan  (Extraordinary),  dated:  17  November  1981,  p.  513,  Article  2.  The 
amendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order,  
1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25  
November 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the  
Constitution.  
204 | Constitution: (Amendment) Order, 2007
a salary of Rs. 1[8,400] per mensem 2[,or such higher salary as the  
President may, from time to time, determine3]. 
2. Every Judge of a High Court shall be entitled to such privileges  
and allowances, and to such rights in respect of leave of absence  
and pension, as may be determined by the President, and until so  
determined,  to  the  privileges,  allowances  and  rights  to  which, 
immediately before the commencing day, the Judges of the High  
Court were entitled. 
4[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]
5[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 
1Substituted for the figure “6,500” by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of  
1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan  
(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “5,000” 
was substituted as “6,500” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article  
2: it came into force on 1 July 1983. Earlier, the figure “4,000” was replaced by the figure “5,000”  
by the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the  
Gazette  of  Pakistan  (Extraordinary),  dated:  17  November  1981,  p.  513,  Article  2.  The 
amendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order,  
1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25  
November 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the  
Constitution.  
2Added ibid.
3The salary of the Judges of the Superior Courts was last revised vide President’s Order No.2 of  
2015 with effect from 1 day of July 2014: the present salary of Chief Justice of a High Court is  
Rs.603,196 and, of a Judge of a High Court, Rs.579,997 per month.
4Substituted by the Constitution  (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by  
the President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated:  
28 July 1991, pp. 351-354, s. 3.
5Added by the Constitution  (Amendment) Order, 1985 (P.O.No.6 of 1985), published in the  
Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article 2: it came into  
force on 1 July 1981. The Order was saved under Article 270A of the Constitution. 
Constitution: (Amendment) Order, 2007 | 205
(b) if the Judge dies after having rendered not less than five years’ 
service as Judge and while still serving as such − 50 per cent  
of the pension admissible to him at the minimum rate.
5. The  pension shall  be  payable  to  the  widow for  life,  or,  if  she 
remarries, until her marriage. 
6. If the widow dies, the pension shall be payable −
(a) to the sons of the Judge who are less than twenty-one years of  
age, until they attain that age; and 
(b) to the unmarried daughters of the Judge who are less than  
twenty-one  years  of  age,  until  they  attain  that  age  or  are 
married, whichever first occurs.]
1[Sixth Schedule * * * * * ]
2[Seventh Schedule * * * * ]
1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the 
President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20  
April 2010, pp. 267-316, s. 102.
2Omitted ibid. It was earlier added by the Constitution (Eighth Amendment) Act, 1985 (XVIII of  
1985); assented to by the President on 9 November 1985; and,  published in the Gazette of  
Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 20: the Order was saved  
under Article 270A of the Constitution. 
206 | Constitution: (Amendment) Order, 2007
Amendments
• Acts
• Orders
Constitution: (Amendment) Order, 2007 | 207
1The Constitution
(First Amendment) Act, 1974
(XXXIII of 1974)
[8 May 1974]
An
Act
to amend the Constitution of the Islamic Republic of Pakistan
WHEREAS it is expedient 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 (First Amendment) Act, 1974.
(2) It shall come into force at once.
2. Amendment  of  Article  1  of  the  Constitution .− In  the 
Constitution of the 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:−
1This Act received the assent of the President on 4 May 1974; and, was published in the Gazette  
of Pakistan (Extraordinary), Part I, dated: 8 May 1974, pp.179-182. 
208 | Constitution: (Amendment) Order, 2007
“(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 words "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 (f), for the full stop at the end the semi-colon  
and word "; and" shall be substituted; and 
(c) after  paragraph  (f)  amended  as  aforesaid,  the  following 
new paragraph shall be added, namely:− 
"(g) the said clause (2) of Article 54 shall have effect as if,  
in the proviso thereto, for the words "one hundred and  
thirty" the word "seventy" were substituted.". 
8. Amendment  of  Article  193  of  the  Constitution .− In  the 
Constitution,  in  Article  193,  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  
Constitution: (Amendment) Order, 2007 | 209
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 may require a Judge of any other  
High Court to attend sittings of the former High Court for such  
period  as  may  be  necessary  and,  while  so  attending  the 
sittings  of  the  High  Court,  the  Judge  shall  have  the  same 
power and jurisdiction as a Judge of that High Court: 
Provided that a Judge shall not be so required except with  
his  consent  and  the  approval  of  the  President  and  after 
consultation with the Chief Justice of Pakistan and the Chief  
Justice of the High Court of which he is a Judge.". 
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 
210 | Constitution: (Amendment) Order, 2007
(ii) in 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  clauses  (1) and  (2), the words  and 
comma "a Governor ," , wherever occurring, shall be omitted.
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 services 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:−  
Constitution: (Amendment) Order, 2007 | 211
“IV. FEDERAL ACTS
1. The Censorship of Films Act, 1963 (XVIII of 1963).
2. The Land Reforms (Amendment) Act, 1974.”
212 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Second Amendment) Act, 1974
(XLIX of 1974)
[21 September 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 reformer, is not a Muslim for the purposes  
of the Constitution or law.”. 
1This Act received the assent of the President on 17 September 1974; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 21 September 1974, p. 367.
Constitution: (Amendment) Order, 2007 | 213
2The Constitution 
(Third Amendment) Act, 1974
(XXII of 1975)
[18 February 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 defense  
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.”. 
2This Act received the assent of the President on 13 February 1975; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 18 February 1975, p. 69. 
214 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Fourth Amendment) Act, 1975
(LXXI of 1975)
[25 November 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.
1This Act received the assent of the President on 21 November 1975; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 25 November 1975, pp. 579-585. 
Constitution: (Amendment) Order, 2007 | 215
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
(b) after clause (4), the following new clause shall be inserted,  
namely:−
“(4A) As soon as practicable after the general election to  
the National Assembly, the members to fill seats reserved  
in that Assembly for the persons referred to in clause (2A)  
shall be elected in accordance with law by the members of  
the Assembly referred in clause (1).”
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 “or”, 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) −
216 | Constitution: (Amendment) Order, 2007
(a) prohibiting  the  making  of  an  order  for  the 
detention of a person, or
(b) for the grant of bail to a person detained, under  
any law providing for preventive detention.”; and
(b) 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 effect  
of any order made, proceeding taken or act done by any  
authority or person, which has been made, taken or done  
or purports to have been made, taken or done under any  
law which is specified in Part I of the First Schedule or  
relates to, or is connected with, assessment or collection of  
public revenues shall cease to have effect on the expiration 
of a period of 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.
Constitution: (Amendment) Order, 2007 | 217
10. Amendment  of Article 272  of  the  Constitution .− In  the 
Constitution, in Article 272,−
(a) the  brackets  and  figure "(1)", occurring  after  the  figure 
“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 reference 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  43,  the  following  new  entry  shall  be 
inserted, namely:−
“43A. Auqaf.”.
218 | Constitution: (Amendment) Order, 2007
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  Constitution  made  by  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
I. 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 1976).
III. FEDERAL ACTS
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX 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.
Constitution: (Amendment) Order, 2007 | 219
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'S ORDERS
1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8  
of 1961).
2. The  Companies  (Managing  Agency  and  Election  of  Directors) 
Order, 1972 (P. O. No. 2 of 1972).
3. The 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  Rulers  of  Acceding  States  (Abolition  of  Privy  Purses  and 
Privileges) Order, 1972 (P. O. No. 15 of 1972).
7. The Industrial Sanctions and Licences (Cancellation) Order, 1972  
(P. O. No. 16 of 1972).
8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O.  
No. 20 of 1972).
II. REGULATIONS
1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration)  
Regulation, 1969.
5. The Improper Acquisition of Property Regulation, 1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The Living Beyond Ostensible Means (Punishment) Regulation,  
1969.
8. The  Government  Agricultural  Land  (Recovery  of  Illegal  
Possession) Regulation, 1969.
220 | Constitution: (Amendment) Order, 2007
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  Dues  (Recovery) 
Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes)  
Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny of  
Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Service (Review Petition) Regulation, 1972.
17. The  Privately  Managed  Schools  and  Colleges  (Taking  Over) 
Regulation, 1972.
18. The Enemy Property (Revocation of Sales) Regulation, 1972.
19. The  Dir  and  Swat  (Devolution  and  Distribution  of  Property) 
Regulation, 1972.
20. The Dir and Swat (Settlement of Disputes of Immovable Property)  
Regulation, 1972.
21. The  West  Pakistan  Industrial  Development  Corporation  
(Revocation of Sale or Transfer) Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and  
Directors) Regulation, 1972.
23. The  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 (VIII of 1961).
4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of  
1961).
Constitution: (Amendment) Order, 2007 | 221
5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961  
(XX of 1961).
6. The Trade Organizations Ordinance, 1961 (XLV of 1961).
IV. FEDERAL ACTS
The Censorship of Films Act, 1963 (XVIII of 1963).
V. ORDINANCES PROMULGATED BY THE GOVERNOR OF 
FORMER PROVINCE OF WEST PAKISTAN
1. The  West  Pakistan  Government  Educational  and  Training 
Institutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960).
2. The  West  Pakistan  Waqf  Properties  Ordinance,  1961  (W.  P. 
Ordinance No. XXVIII of 1961).
3. The  Societies  Registration  (West  Pakistan  Amendment)  
Ordinance, 1962  (W. P. Ordinance No. IX of 1962).
4. The  West  Pakistan  Industries  (Control  on  Establishment  and 
Enlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963).
VI. ORDINANCES PROMULGATED BY THE GOVERNOR 
OF THE NORTH-WEST FRONTIER PROVINCE.
1. The North-West Frontier Province Government Educational and  
Training Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III  
of 1971).
2. The  North-West  Frontier  Province  Chashma  Right  Bank  Canal 
Project  (Control  and  Prevention  of  Speculation  in  Land)  
Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971).
3. The  North-West  Frontier  Province  Gomal  Zam  Project  (Control 
and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. 
Ordinance No. VIII of 1971).
222 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Fifth Amendment) Act, 1976
(LXII of 1976)
[15 September 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 (Fifth Amendment) Act, 1976.
(2) It shall come into force at once, except section 8 and section  
13, which shall come into force on the first day of December, 1976.
2. Amendment  of  Article  101  of  the  Constitution .− In  the 
Constitution of the 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 in 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, Article 179 shall be renumbered as clause (1) of that  
1This Act received the assent of the President on 13 September 1976; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 15 September 1976, pp.511-515.
Constitution: (Amendment) Order, 2007 | 223
Article and, after clause (1) renumbered 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 provisions 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 words  "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  this  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.
224 | Constitution: (Amendment) Order, 2007
(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 Court immediately before  
the  establishment  of  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 renumbered as clause (1) of that  
Article and, after clause (1) renumbered 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, shell 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.
Constitution: (Amendment) Order, 2007 | 225
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  providing  for  preventive 
detention;
(b) an  order  for  the  release  on  bail  of  any  person 
detained  under  any  law  providing  for  preventive 
detention;
(c) an  order  for  the  release  on  bail,  or  an  order 
suspending  the  operation  of  an  order  for  the 
custody, of any person against whom a report or  
complaint  has  been  made  before  any  Court  or 
tribunal,  or  against  whom  a  case  has  been 
registered at any  police  station, in  respect of an 
offence, or who has been convicted by any court or  
tribunal;
(d) an order prohibiting the registration of a case at a  
police station, or the making of a report or complaint 
before  any  court  or  tribunal,  in  respect  of  an 
offence; or
(e) any other interim order in respect of any person  
referred to in any of the preceding paragraphs.
(3B) Every such order as is referred to in clause (3A), made at  
any  time  after  the  commencement  of  the  Constitution  (Fourth 
Amendment)  Act,  1975,  shall  cease  to  have  effect  and  all 
applications for the making of any such order that may be pending  
before any High Court shall abate.
(3C) The provisions of clauses (3A) and (3B) shall also apply  
to the disposal of an application in a petition for leave to appeal, or  
in an appeal, from an order such as is referred to in the said  
clause  (3A)  that  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:−
226 | Constitution: (Amendment) Order, 2007
“Provided that such consent, or consultation with the Chief  
Justices of the High Courts, shall not be necessary if such  
transfer is for a period not exceeding 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, in 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 renumbered as clause (1) of that  
Article and, after clause (1) renumbered 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, in 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  any  of  the  rights  conferred  by 
Chapter 1 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:−
Constitution: (Amendment) Order, 2007 | 227
‘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 (LVIII of 1976).
5. The Cotton Ginning Control and Development Act,  
1976 (LIX of 1976).’; and
(c) after  the  sub-heading  ‘V.  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.”.
228 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Sixth Amendment) Act, 1976
(LXXXIV of 1976)
[4 January 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 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 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 the High Court who attains the age of sixty-
two 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."
 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 
1This Act received the assent of the President on 4 January 1977; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 4 January 1977, p. 21.
Constitution: (Amendment) Order, 2007 | 229
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 the sub-paragraph (v) the following  
shall  be  substituted  shall  be  deemed  to  have  been  so 
substituted on the first day of December, 1976, 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, Advisor to a Chief Minister" shall be inserted.
230 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Seventh Amendment) Act, 1977
(XXIII of 1977)
[16 May 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  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  referendum  shall  be  finally  determined  by  the  Referendum 
1This Act received the assent of the President on 16 May 1977; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 16 May 1977, pp.254-255.
Constitution: (Amendment) Order, 2007 | 231
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.”.
232 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Eighth Amendment) Act, 1985
(XVIII of 1985)
[11 November 1985]
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 (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 or 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
1 This Act received the assent of the President on 9 November 1985; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 11 November 1985, pp. 403-410.
Constitution: (Amendment) Order, 2007 | 233
(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 summons.
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 −
234 | Constitution: (Amendment) Order, 2007
(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 first three years and four shall  
retire after the expiration of the next three years;
(c) of the members referred to in paragraph (c) of the  
aforesaid  clause,  one  shall  retire  after  the  
expiration  of the first three years and  two shall  
retire after the expiration of the next three years;  
and
(d) of the members referred to in paragraph (d) of the  
aforesaid  clause,  two  shall  retire  after  the  
expiration of the first three years and three shall  
retire after the expiration of the next three years;" ;  
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  
Constitution: (Amendment) Order, 2007 | 235
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 conferring  
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 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.".
236 | Constitution: (Amendment) Order, 2007
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 
(iii) 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.
13.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.
14.Amendment of Article 112 of the Constitution .− In the  
Constitution Article 112 shall be renumbered as clause (1) of that  
Article and,−
Constitution: (Amendment) Order, 2007 | 237
(a) in  clause  (1),  renumbered  as  aforesaid,  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) 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,−
(a) 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:−
238 | Constitution: (Amendment) Order, 2007
“(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 session of the Assembly summoned for the purpose in  
accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall  
apply to a Chief Minister holding office on the twentieth  
day of March, one thousand nine hundred and eighty-
eight,  in  accordance  with  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  Minister  shall  hold  office  during  the 
pleasure  of  the  Governor,  but  the  Governor  shall  not 
exercise his powers under this clause unless he is satisfied 
that the Chief Minister does not command the confidence  
of the majority of the members of the Provincial Assembly,  
in which case he shall summon the Provincial Assembly  
and  require  the  Chief  Minister  to  obtain  a  vote  of 
confidence from the Assembly.".
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,  
Ordinances, Martial Law Regulations, Martial Law Orders, including 
the Referendum Order, 1984 (P.O. No. 11 of 1984), under which in  
consequence of the result of the referendum held on the nineteenth 
day of December, 1984, General Muhammad Zia-ul-Haq became  
the President  of Pakistan on the day of the first meeting of the  
Majlis-e-Shoora (Parliament) in joint sitting for the term specified in  
clause (7) of Article 41, the Revival of the Constitution of 1973  
Constitution: (Amendment) Order, 2007 | 239
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 judgment of any court, to have  
been  validly  made  by  competent  authority  and,  notwithstanding 
anything  contained  in  the  Constitution,  shall  not  be  called  in 
question in any court on any ground whatsoever:
Provided that a President's Order, Martial Law Regulation or  
Martial Law Order made after the thirtieth day of September, 1985,  
shall be confined only to making such provisions as facilitate, or are 
incidental to, the revocation of the Proclamation of the fifth day of  
July, 1977.
(2) All 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, Ordinances, 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 
judgment of any court, be deemed to be and always to have been  
validly made, taken or done and shall not be called in question in  
any court on any ground whatsoever.
(3) All  President's  Orders,  Ordinances,  Martial  Law  
Regulations, Martial Law Orders, enactments, notifications, rules,  
orders or bye-laws in force immediately before the date on which  
this Article comes into force shall continue in force until altered,  
repealed or amended by competent authority.
Explanation.− In this clause, "competent authority" means,−
(a) in respect of President's Orders, Ordinances, 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  
240 | Constitution: (Amendment) Order, 2007
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 Agha Khan University Order, 1983 (P.O. No. 3 of 1983).
Constitution: (Amendment) Order, 2007 | 241
(7) The National College of Textile Engineering (Governing Body and  
Cess) Order, 1983 (P.O. No. 11 of 1983).
(8) 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).”.
242 | Constitution: (Amendment) Order, 2007
1The Constitution
(Tenth Amendment) Act, 1987
(1 of 1987)
[29 March 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 the 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.
2The Constitution 
1This Act received the assent of the President on 25 March 1987; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 29 March 1987, p.1.
Constitution: (Amendment) Order, 2007 | 243
(Twelfth Amendment) Act, 1991
(XIV of 1991)
[28 July 1991]
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 (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  
as 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 persons  
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. 
2This Act received the assent of the President on 27 July 1991; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 28 July 1991, pp. 351-354.
244 | Constitution: (Amendment) Order, 2007
(4) A  person  other  than  a  Judge  of  a  High  Court  who  is 
appointed as a Judge of a Special Court shall hold office for the  
period this Article remains in force and shall not be removed from  
office  except  in  the  manner  prescribed  in  Article  209  for  the 
removal from office of a Judge, and, in the application of the said  
Article for the purposes of this clause, any reference in that Article  
to a Judge shall be construed as a reference to a Judge of a  
Special Court. 
(5) The law referred to in clause (1) shall make provision for  
the  constitution  of  as  many  Supreme  Appellate  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 (I), 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 for the  
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 
Constitution: (Amendment) Order, 2007 | 245
(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 Rs. 7,000 Rs. 8,000
Other Judge Rs. 6,250 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,  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 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
246 | Constitution: (Amendment) Order, 2007
Chief Justice Rs. 5,640 Rs. 7,050
Other Judge Rs. 5,040 Rs. 6,300” 
Constitution: (Amendment) Order, 2007 | 247
1The Constitution 
(Thirteenth Amendment) Act, 1997
(I of 1997)
[4 April 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 in to 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  101  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.
1 This Act received the assent of the President on 3 April 1997; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 4 April 1997, pp. 379-380.
248 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Fourteenth Amendment) Act, 1997
(XXIV of 1997)
[4 July 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 of functioning of Government; 
It is hereby enacted as follows:−
1. Short  title  and  commencement .− (1)  This  Act  may  be 
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 the 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 − 
1 This Act received the assent of the President on 3 July 1997; and, was published in the Gazette 
of Pakistan (Extraordinary), Part I, dated: 4 July 1997, pp.1495-1497.
Constitution: (Amendment) Order, 2007 | 249
(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) abstains from voting in the House against party policy  
in relation to any Bill. 
(2) Where  action  is  proposed  to  be  taken  under  the 
Explanation  to  clause  (1),  sub-clause  (a),  the  disciplinary 
committee of the party, on a reference by the Head of the Party,  
shall decide the matter, after giving an opportunity of a personal  
hearing to the member concerned within seven days. In the event  
the decision is against the member, he can file an appeal, within  
seven days, before the Head of the Party, whose decision thereon  
shall be final. In cases covered by the Explanation to clause (1),  
sub-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 Commissioner,  
shall give effect to such decision, within seven days from the date  
of the receipt of such intimation by declaring the seat vacant and  
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 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.”.
250 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Sixteenth Amendment) Act, 1999
(VII of 1999)
[5 August 1999]
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 purpose hereinafter appearing; 
It is hereby enacted as follows:− 
1. Short  title  and  commencement .− (1)  This  Act  may  be 
Constitution (Sixteenth Amendment) Act, 1999. 
(2) 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.
1This Act received the assent of the President on 3 August 1999; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 5 August 1999, p.1237.
Constitution: (Amendment) Order, 2007 | 251
1The Constitution 
(Seventeenth Amendment) Act, 2003
(III of 2003)
[31 December 2003]
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 (Seventeenth Amendment) Act, 2003.
(2) It shall come into force at once.
2. Amendment  of  Article  41  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter referred to  
as the Constitution, in Article 41,−
(1) in clause (7), in paragraph (b), for the full stop at the end, a  
colon  shall  be  substituted  and  thereafter  the  following 
proviso shall be added, namely:− 
“Provided that paragraph (d) of clause (1) of Article 63  
shall  become  operative  on  and  from  the  31st  day  of 
December, 2004."; and 
(2) after clause (7) amended as aforesaid, the following new  
clauses shall be added, namely:−
“(8) Without prejudice to the provisions of clause  
(7), any member or members of a House of Majlis-e-
Shoora  (Parliament)  or  of  a  Provincial  Assembly, 
individually  or jointly,  may, not later than  thirty days 
from  the  commencement  of  the  Constitution  
(Seventeenth  Amendment)  Act,  2003,  move  a  
resolution for vote of confidence for further affirmation  
of the President in office by majority of the members  
present and voting, by division or any other method as  
prescribed  in  the  rules  made  by  the  Federal  
Government under clause (9), of the electoral college  
1This Act received the assent of the President on 31 December 2003; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 31 December 2003, pp.149-153.
252 | Constitution: (Amendment) Order, 2007
consisting  of  members  of  both  Houses  of  Majlis-e-
Shoora (Parliament) and the Provincial Assemblies, in  
a  special  session  of  each  House  of  Majlis-e-Shoora 
(Parliament)  and  of  each  Provincial  Assembly  
summoned for the purpose, and the vote of confidence  
having  been  passed,  the  President,  notwithstanding 
anything contained in the Constitution or judgment of  
any court, shall be deemed to be elected to hold office  
for a term of five years under the Constitution, and the  
same shall not be called in question in any court or  
forum on any ground whatsoever.
(9) Notwithstanding  anything  contained  in  the  
Constitution or any other law for the time being in force,  
the proceedings for the vote of confidence referred to in 
clause  (8)  shall  be  regulated  and  conducted  by  the 
Chief Election Commissioner in accordance with such  
procedure  and  the  votes  shall  be  counted  in  such 
manner as may be prescribed by the rules framed by  
the Federal Government: 
Provided that clauses (8) and (9) shall be valid only  
for the forthcoming vote of confidence for the current  
term of the President in office.”.
3. Amendment  of  Article  58  of  the  Constitution .− In  the 
Constitution, in Article 58, after clause (2), the following new clause  
shall be added, namely:− 
“(3)  The  President  in  case  of  dissolution  of  the  National 
Assembly under paragraph (b) of clause (2) shall, within fifteen  
days of the dissolution, refer the matter to the Supreme Court and  
the Supreme Court shall decide the reference within thirty days  
whose decision shall be final.".
4. Amendment  of  Article  112  of  the  Constitution .− In  the 
Constitution, in Article 112, after clause (2), the following new clause  
shall be added, namely:− 
“(3)  The  Governor in  case  of dissolution  of  the  Provisional 
Assembly under paragraph (b) of clause (2) shall, within fifteen  
days of the dissolution, refer the matter to the Supreme Court with  
the previous approval of the President and the Supreme Court  
shall decide the reference within thirty days whose decision shall  
be final.".
5. Omission  of  Article  152A  of  the  Constitution .− In  the 
Constitution, Article 152A shall be omitted. 
Constitution: (Amendment) Order, 2007 | 253
6. Substitution  of  Article  179  of  the  Constitution .− In  the 
Constitution,  for  Article  179,  the  following  shall  be  substituted, 
namely:− 
“179. Retiring age.− A Judge of the Supreme Court shall hold  
office until he attains the age of sixty-five years, unless he  
sooner resigns or is removed from office in accordance with  
the Constitution.”.
7. Substitution  of  Article  195  of  the  Constitution .− In  the 
Constitution,  for  Article  195,  the  following  shall  be  substituted, 
namely:− 
“195. Retiring age.− A Judge of a High Court shall hold office  
until he attains the age of sixty-two years, unless he sooner  
resigns  or  is  removed  from  office  in  accordance  with  the 
Constitution.".
8. Amendment  of  Article  243  of  the  Constitution .− In  the 
Constitution,  in  Article  243,  in  clause  (3),  for  the  words  "in  his 
discretion" the words "in consultation with the Prime Minister"  shall be 
substituted.
9. Amendment  of  Article  268  of  the  Constitution .− In  the 
Constitution, in Article 268, in clause (2), for the full stop at the end, a  
colon shall be substituted and thereafter the following proviso shall be  
added, namely:− 
“Provided that the laws mentioned at entries 27 to 30 and  
entry 35 in the Sixth Schedule shall stand omitted after six  
years.". 
10.Substitution of Article 270AA of the Constitution .− In the 
Constitution,  for  Article  270AA,  the  following  shall  be  substituted, 
namely:− 
"270AA. Validation and affirmation of laws etc.− (1) The 
Proclamation of Emergency of the fourteenth day of October,  
1999,  all  President's  Orders,  Ordinances,  Chief  Executive's 
Orders, including the Provisional Constitution Order No. 1 of  
1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000),  
Chief  Executive's  Order  No.  12  of  2002,  the  amendments 
made in the Constitution through the Legal Framework Order,  
2002  (Chief  Executive's  Order  No.  24  of  2002),  the  Legal 
Framework  (Amendment)  Order,  2002  (Chief  Executive's 
Order  No.  29  of  2002),  the  Legal  Framework  (Second 
Amendment) Order, 2002 (Chief Executive's Order No. 32 of  
2002)  and  all  other laws  made between  the twelfth  day  of 
254 | Constitution: (Amendment) Order, 2007
October, one thousand nine hundred and ninety-nine and the  
date  on  which  this  Article  comes  into  force  (both  days 
inclusive),  having  been  duly  made  or  accordingly  affirmed, 
adopted  and  declared  to  have  been  validly  made  by  the 
competent authority and notwithstanding anything contained in  
the Constitution shall not be called in question in any court or  
forum on any ground whatsoever.
(2) All  orders  made,  proceedings  taken,  appointments 
made, including secondments and deputations, and acts done  
by any authority, or by any person, which were made, taken or  
done,  or  purported  to  have  been  made,  taken  or  done, 
between  the  twelfth  day  of  October,  one  thousand  nine 
hundred and ninety-nine, and the date on which this Article  
comes  into  force  (both  days  inclusive),  in  exercise  of  the 
powers  derived  from  any  Proclamation,  President's  Orders, 
Ordinances, Chief Executive's Orders, enactments, including  
amendments  in  the  Constitution,  notifications,  rules,  orders, 
bye-laws or in execution of or in compliance with any orders  
made or sentences passed by any authority in the exercise or  
purported  exercise  of  powers  as  aforesaid,  shall,  
notwithstanding any judgment of any court, be deemed to be  
and always to have been validly made, taken or done and shall 
not be called in question in any court or forum on any ground  
whatsoever.
(3) All  Proclamations,  President's  Orders,  Ordinances, 
Chief  Executive's  Orders,  laws,  regulations,  enactments, 
including amendments in the Constitution, notification, rules,  
orders or bye-laws in force immediately before the date on  
which this Article comes into force shall continue in force, until  
altered, repealed or amended by the competent authority. 
Explanation.− In this clause, "competent authority" means,− 
(a) in  respect  of  President's  Orders,  Ordinances, 
Chief  Executive's  Orders  and  enactments,  
including  amendments  in  the  Constitution,  the 
appropriate Legislature; and 
(b) in respect of notifications, rules, orders and bye-
laws, the authority in which the power to make,  
alter, repeal or amend the same vests under the  
law. 
(4) No  suit,  prosecution  or  other  legal  proceedings, 
including writ petitions, shall lie in any court or forum against  
any authority or any persons, for or on account of or in respect  
of any order made, proceedings taken or act done whether in  
Constitution: (Amendment) Order, 2007 | 255
the exercise or purported exercise of the powers referred to in  
clause (2) or in execution of or in compliance with orders made  
or sentences passed in exercise or purported exercise of such  
powers.
(5) For the purposes of clauses (1), (2) and (4), all orders  
made,  proceedings  taken,  appointments  made,  including 
secondments and deputations, acts done or purporting to be  
made,  taken  or  done  by  any  authority  or  person  shall  be 
deemed to have been made, taken or done in good faith and  
for the purpose intended to be served thereby.”.
256 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Eighteenth Amendment) Act, 2010
(X of 2010)
[20 April 2010]
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; 
AND WHEREAS the people of Pakistan have relentlessly struggled  
for  democracy  and  for  attaining  the  ideals  of  a  Federal,  Islamic, 
democratic,  parliamentary  and  modern  progressive  welfare  State, 
wherein the rights of the citizens are secured and the Provinces have  
equitable share in the Federation; 
AND WHEREAS  it is necessary that the Legal Framework Order,  
2002, as amended by the Chief Executive's Order No. 29 and the  
Chief Executive's Order No. 32 of 2002, be declared as having been  
made  without  lawful  authority  and  of  no  legal  effect,  and  the 
Constitution  (Seventeenth  Amendment)  Act,  2003  (Act  No.  III  of 
2003), be repealed and the Constitution further amended to achieve  
the aforesaid objectives; 
It is hereby enacted as follows:−  
1. Short title and commencement .− (1) This Act may be called  
the Constitution (Eighteenth Amendment) Act, 2010.
(2) It shall come into force at once, save as otherwise provided in  
this Act.
2. Repeal, etc .− Subject to Article 264 and the provisions of the  
Constitution (Eighteenth Amendment) Act, 2010,− 
(a) the Legal Framework Order, 2002 (Chief Executive's Order  
No. 24 of 2002), the Legal Framework (Amendment) Order, 
2002 (Chief Executive's Order No. 29 of 2002) and the  
Legal Framework (Second Amendment) Order, 2002 (Chief 
Executive's Order No. 32 of 2002), are hereby declared to  
have been made without lawful authority and of no legal  
effect and, therefore shall stand repealed; and 
1 This Act received the assent of the President on 19 April 2010; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 20 April 2010, pp.267-316.
Constitution: (Amendment) Order, 2007 | 257
(b) the Constitution (Seventeenth Amendment) Act, 2003 (Act  
No. III of 2003), is hereby repealed.
3. Amendment  of  Article  1  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter referred to  
as the Constitution, in Article 1, in clause (2), in paragraph (a), for the  
word “Baluchistan” the word “Balochistan”, for the words “North West  
Frontier” the words “Khyber Pakhtunkhwa”, and for the word “Sind” the 
word “Sindh”, shall be substituted. 
4. Amendment  of  Article  6  of  the  Constitution .− In  the 
Constitution, in Article 6,−  
(i) for clause (1), the following shall be substituted, namely:−  
“(1) Any person who abrogates or subverts or suspends or  
holds in abeyance, or attempts or conspires to abrogate or  
subvert or suspend or hold in abeyance, the Constitution  
by  use  of  force  or  show  of  force  or  by  any  other 
unconstitutional means shall be guilty of high treason.
(ii)  in  clause  (2),  after  the  word  “abetting”  the  word  “or 
collaborating” shall be inserted; and 
(iii) after clause (2) amended as aforesaid, the following new  
clause shall be inserted, namely:−  
“(2A) An act of high treason mentioned in clause (1)  
or clause (2) shall not be validated by any court including  
the Supreme Court and a High Court.”.
5. Insertion  of  new  Article  in  the  Constitution .− In  the 
Constitution,  after  Article  10,  the  following  new  Article  shall  be 
inserted, namely:−  
“10A. Right to fair trial.− For the determination of his civil rights  
and obligations or in any criminal charge against him a person  
shall be entitled to a fair trial and due process.”
6. Substitution  of  Article  17  of  the  Constitution .− In  the 
Constitution, for Article 17, the following shall be substituted, namely:− 
“17. Freedom of association .− (1) Every citizen shall have the  
right to form associations or unions, subject to any reasonable  
restrictions  imposed  by  law  in  the  interest  of  sovereignty  or 
integrity of Pakistan, public order or morality.
(2) Every citizen, not being in the service of Pakistan, shall have  
the right to form or be a member of a political party, subject to any  
reasonable  restrictions  imposed  by  law  in  the  interest  of  the 
sovereignty or integrity of Pakistan and such law shall provide that  
258 | Constitution: (Amendment) Order, 2007
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.”.
7. Insertion  of  new  Article  in  the  Constitution .− In  the 
Constitution,  after  Article  19,  the  following  new  Article  shall  be 
inserted, namely:−  
“19A. Right to information .− Every citizen shall have the right to  
have  access  to  information  in  all  matters  of  public  importance 
subject to regulation and reasonable restrictions imposed by law.”.
8. Amendment  of  Article  25  of  the  Constitution .− In  the 
Constitution, in Article 25, in clause (2), the word “alone” occurring at  
the end shall be omitted.
9. Insertion  of  new  Article  in  the  Constitution .− In  the 
Constitution,  after  Article  25,  the  following  new  Article  shall  be 
inserted, namely:−  
“25A.  Right  to  education.− The  State  shall  provide  free  and 
compulsory education to all children of the age of five to sixteen  
years in such manner as may be determined by law.”.
10.Amendment  of  Article  27  of  the  Constitution .− In  the 
Constitution, in Article 27, in clause (1), in the second proviso, for the  
full stop at the end a colon shall be substituted and thereafter the  
following proviso shall be inserted, namely:−  
“Provided also that under-representation of any class or area  
in the service of Pakistan may be redressed in such manner as  
may be determined by an Act of Majlis-e-Shoora (Parliament).”.
11.Amendment  of  Article  29  of  the  Constitution .− In  the  
Constitution, in Article 29, in clause (3), for the word  “the National  
Assembly” occurring for the first time the words and brackets, “each 
House of Majlis-e-Shoora (Parliament)” shall be substituted and after  
the word “National Assembly” occurring for the second time the words  
“and the Senate” shall be inserted. 
12.Amendment  of  Article  38  of  the  Constitution .− In  the 
Constitution, in Article 38,−  
(i) in  paragraph  (e),  the  word  “and” at  the  end  shall  be  
omitted; 
Constitution: (Amendment) Order, 2007 | 259
(ii) in paragraph (f), for the full stop at the end a semicolon and 
the word  “; and”  shall be added and after paragraph (f)  
amended as aforesaid, the following new paragraph shall  
be added, namely:−  
“(g) ensure that the share of the Provinces in all Federal  
services,  including  autonomous  bodies  and  
corporations established by, or under the control of, the  
Federal  Government,  shall  be  secured  and  any 
omission  in  the  allocation  of  the  shares  of  the 
Provinces in the past shall be rectified.” .
13.Amendment  of  Article  41  of  the  Constitution .− In  the 
Constitution, in Article 41,−  
(i) in clause (3), the words, brackets and figure “to be elected 
after the term specified in clause (7)” shall be omitted; and 
(ii) clauses (7), (8) and (9) shall be omitted.
14.Substitution  of  Article  46  of  the  Constitution .− In  the 
Constitution, for Article 46, the following shall be substituted, namely:− 
“46. President to be kept informed.− The Prime Minister shall 
keep  the  President  informed  on  all  matters  of  internal  and 
foreign  policy  and  on  all  legislative  proposals  the  Federal 
Government  intends  to  bring  before  Majlis-e-Shoora  
(Parliament).”.
15.Amendment  of  Article  48  of  the  Constitution .− In  the 
Constitution, in Article 48,−  
(i) in clause (1),−  
(a) after  the  word  “act”  the  words  “on  and” shall  be  
inserted; and 
(b) in the proviso, after the word “that” the words  “within 
fifteen days” shall be inserted and after the word “shall”  
the commas and words  “, within  ten days,” shall  be 
inserted; and 
(ii) for clause (5) the following shall be substituted, namely:− 
“(5)  Where  the  President  dissolves  the  National 
Assembly,  notwithstanding  anything  contained  in  clause 
(1), he shall,−  
(a) appoint a date, not later than ninety days from  
the date of the dissolution, for the holding of a  
general election to the Assembly; and 
260 | Constitution: (Amendment) Order, 2007
(b) appoint a care-taker Cabinet.”.
(iii) for clause (6) the following shall be substituted, namely:−  
“(6)  If  at  any  time  the  Prime  Minister  considers  it 
necessary to hold a referendum on any matter of national  
importance, he may refer the matter to a joint sitting of the  
Majlis-e-Shoora (Parliament) and if it is approved in a joint  
sitting, the Prime Minister may cause such matter to be  
referred to a referendum in the form of a question that is  
capable of being answered by either “Yes” or “No”.”.
16.Substitution  of  Article  51  of  the  Constitution .− In  the 
Constitution, for Article 51, the following shall be substituted and shall  
be deemed always to have been so substituted with effect from the  
21st day of August, 2002, namely:−  
“51. National Assembly .− (1) There shall be three hundred  
and  forty-two  seats  for  members  in  the  National  Assembly, 
including seats reserved for women and non-Muslims.
(2) A person shall be entitled to vote if −  
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be of  
unsound mind.
(3) The seats in the National Assembly referred to in clause  
(1), except as provided in clause (4), shall be allocated to each  
Province, the Federally Administered Tribal Areas and the Federal  
Capital as under:−  
General 
Seats Women Total
Balochistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered Tribal Areas 12 - 12
Federal Capital 2 - 2
Total 272 60 332
Constitution: (Amendment) Order, 2007 | 261
(4) In addition to the number of seats referred to in clause (3),  
there shall be, in the National Assembly, ten seats reserved for  
non-Muslims.
(5) The seats in the National Assembly shall be allocated to  
each Province, the Federally Administered Tribal Areas and the  
Federal Capital on the basis of population in accordance with the  
last preceding census officially published.
(6) For the purpose of election to the National Assembly,−  
(a) the constituencies for the general seats shall be single  
member territorial constituencies and the members to  
fill such seats shall be elected by direct and free vote in  
accordance with law; 
(b) each  Province  shall  be  a  single  constituency  for  all 
seats reserved for women which are allocated to the  
respective Provinces under clause (3); 
(c) the constituency for all seats reserved for non-Muslims  
shall be the whole country; 
(d) members to the seats reserved for women which are  
allocated  to  a  Province  under  clause  (3)  shall  be 
elected  in  accordance  with  law  through  proportional 
representation  system  of  political  parties'  lists  of 
candidates  on  the  basis  of  total  number  of  general 
seats secured by each political party from the Province  
concerned in the National Assembly: 
Provided that for the purpose of this paragraph the  
total number of general seats won by a political party  
shall  include  the  independent  returned  candidate  or 
candidates who may duly join such political party within  
three days of the publication in the official Gazette of  
the names of the returned candidates; and
(e) members to the seats reserved for non-Muslims shall  
be elected in accordance with law through proportional  
representation  system  of  political  parties'  lists  of 
candidates  on  the  basis  of  total  number  of  general 
seats  won  by  each  political  party  in  the  National 
Assembly: 
Provided that for the purpose of this paragraph the  
total number of general seats won by a political party  
shall  include  the  independent  returned  candidate  or 
candidates who may duly join such political party within  
262 | Constitution: (Amendment) Order, 2007
three days of the publication in the official Gazette of  
the names of the returned candidates.” 
17.Substitution  of  Article  58  of  the  Constitution .− In  the 
Constitution, for Article 58, the following shall be substituted, namely:− 
“58.  Dissolution  of  the  National  Assembly .− (1)  The 
President shall dissolve the National Assembly if so advised by the 
Prime Minister; and the National Assembly shall, unless sooner  
dissolved, stand dissolved at the expiration of forty-eight hours  
after the Prime Minister has so advised. 
Explanation.− Reference in this Article to “Prime Minister” shall  
not be construed to include reference to a Prime Minister against  
whom a notice of a resolution for a note of no-confidence has  
been given in the National Assembly but has not been voted upon  
or against whom such a resolution has been passed or who is  
continuing in office after his resignation or after the dissolution of  
the National Assembly. 
(2) Notwithstanding anything contained in clause (2) or Article  
48, the President may also dissolve the National Assembly in his  
discretion  where, a  vote  of  no-confidence  having  been  passed 
against  the  Prime  Minister,  no  other  member  of  the  National 
Assembly  commands  the  confidence  of  the  majority  of  the 
members  of  the  National  Assembly  in  accordance  with  the 
provisions of the Constitution, as ascertained in a session of the  
National Assembly summoned for the purpose.”.
18.Substitution  of  Article  59  of  the  Constitution .− In  the 
Constitution, for Article 59, the following shall be substituted, namely:− 
“59. The Senate .− (1) The Senate shall consist of one hundred  
and four members, of whom,−  
(a) fourteen  shall  be  elected  by  the  members  of  each 
Provincial Assembly;
(b) eight  shall  be  elected  from  the  Federally  Administered 
Tribal  Areas, in such manner as the President may, by  
Order, prescribe;
(c) two on general seats, and one woman and one technocrat  
including aalim shall be elected from the Federal Capital in  
such manner as the President may, by Order, prescribe; 
(d) four  women  shall  be  elected  by  the  members  of  each 
Provincial Assembly;
(e) four technocrats including  ulema  shall be elected by the  
members of each Provincial Assembly; and
Constitution: (Amendment) Order, 2007 | 263
(f) four non-Muslims, one from each Province, shall be elected 
by the members of each Provincial Assembly:
Provided that paragraph (f) shall be effective from the  
next  Senate  election  after  the  commencement  of  the 
Constitution (Eighteenth Amendment) Act, 2010. 
(2) Election  to  fill  seats  in  the  Senate  allocated  to  each 
Province  shall  be  held  in  accordance  with  the  system  of 
proportional  representation  by means  of the single  transferable 
vote.
(3) The Senate shall not be subject to dissolution but the term  
of its members, who shall retire as follows, shall be six years: 
(a) of the members referred to in paragraph (a) of clause  
(1), seven shall retire after the expiration of the first  
three years and seven shall retire after the expiration of  
the next three years; 
(b) of  the  members  referred  to  in  paragraph  (b)  of  the 
aforesaid clause, four shall retire of the expiration of the 
first three years and four shall retire after the expiration  
of the next three years; 
(c) of  the  members  referred  to  in  paragraph  (c)  of  the 
aforesaid clause,−  
(i) one elected on general seat shall retire after the  
expiration of the first three years and the other one  
shall  retire  after  the  expiration  of  the  next  three 
years; and 
(ii) one  elected  on  the  seat  reserved  for  technocrat 
shall retire after the first three years and the one  
elected on the seat reserved for women shall retire  
after the expiration of the next three years; 
(d) of  the  members  referred  to  in  paragraph  (d)  of  the 
aforesaid clause, two shall retire after the expiration of  
the  first  three  years  and  two  shall  retire  after  the 
expiration of the next three years; 
(e) of  the  members  referred  to  in  paragraph  (e)  of  the 
aforesaid clause, two shall retire after the expiration of  
the  first  three  years  and  two  shall  retire  after  the 
expiration of the next three years; and 
(f) of  the  members  referred  to  in  paragraph  (f)  of  the 
aforesaid clause, two shall retire after the expiration of  
264 | Constitution: (Amendment) Order, 2007
first three years and two shall retire after the expiration  
of next three years: 
Provided that the Election Commission for the first  
term of seats for non-Muslims shall draw a lot as to  
which  two  members  shall  retire  after  the  first  three 
years. 
(4) The  term  of  office  of  a  person  elected  to  fill  a  casual 
vacancy  shall  be  the  unexpired  term  of  the  member  whose 
vacancy he has filled.”.
19.Amendment  of  Article  61  of  the  Constitution .− In  the 
Constitution,  in  Article  61,  for  the  word  “ninety”  the  words  “one 
hundred and ten” shall be substituted. 
20.Substitution  of  Article  62  of  the  Constitution .− In  the 
Constitution, for Article 62, the following shall be substituted, namely:− 
“62.Qualifications  for  membership  of  Majlis-e-Shoora  
(Parliament).− (1) A person shall not be qualified to be elected  
or  chosen  as  a  member  of  Majlis-e-Shoora  (Parliament) 
unless−  
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less  
than twenty -five years of age and is enrolled as a voter  
in any electoral roll in −  
(i) any part of Pakistan, for election to a general seat  
or a seat reserved for non-Muslims; and
(ii) any  area  in  a  Province  from  which  she  seeks 
membership  for  election  to  a  seat  reserved  for 
women.
(c) he is, in the case of the 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; 
Constitution: (Amendment) Order, 2007 | 265
(f) he is sagacious, righteous, non-profligate, honest and  
ameen, there being no declaration to the contrary by a  
court of law; and
(g) he has not, after the establishment of Pakistan, worked  
against  the  integrity  of  the  country  or  opposed  the 
ideology of Pakistan.
(2) The disqualifications  specified in paragraphs (d) and (e)  
shall  not  apply  to  a  person  who  is  a  non-Muslim,  but  such  a 
person shall have good moral reputation;”. 
21.Substitution  of  Article  63  of  the  Constitution .− In  the 
Constitution, for Article 63, the following shall be substituted, namely:− 
“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 − 
(a) he is of unsound mind and has been so declared by a  
competent court; or 
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the  
citizenship of a foreign State; or 
(d) he holds an office of profit in the service of Pakistan  
other than an office declared by law not to disqualify its  
holder; or 
(e) he is in the service of any statutory body or any body  
which is owned or controlled by the Government or in  
which  the  Government  has  a  controlling  share  or 
interest; or 
(f) being a citizen of Pakistan by virtue of section 14B of  
the Pakistan Citizenship Act, 1951 (II of 1951), he is for  
the time being disqualified under any law in force in  
Azad  Jammu  and  Kashmir  from  being  elected  as  a 
member of the Legislative Assembly of Azad Jammu  
and Kashmir; or 
(g) he  has  been  convicted  by  a  court  of  competent 
jurisdiction for propagating any opinion, or acting in any  
manner, prejudicial to the ideology of Pakistan, or the  
sovereignty,  integrity  or  security  of  Pakistan,  or  the 
integrity or independence of the judiciary of Pakistan, or  
which defames or brings into ridicule the judiciary or the  
266 | Constitution: (Amendment) Order, 2007
Armed Forces of Pakistan, unless a period of five years  
has elapsed since his release; or 
(h) he has been, on conviction for any offence involving  
moral turpitude, 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 or  
service of a corporation or office set up or controlled by  
the Federal Government, Provincial Government or a  
Local  Government  on  the  grounds  of  misconduct, 
unless  a  period  of  five  years  has  elapsed  since  his 
dismissal; or 
(j) he has been removed or compulsorily retired from the  
service of Pakistan or service of a corporation or office  
set  up  or  controlled  by  the  Federal  Government, 
Provincial Government or a Local Government on the  
ground of misconduct, unless a period of three years  
has  elapsed  since  his  removal  or  compulsory  
retirement; or 
(k) he  has  been  in  the  service  of  Pakistan  or  of  any 
statutory body or any body which is owned or controlled  
by the Government or in which the Government has a  
controlling  share  or  interest,  unless  a  period  of  two 
years  has  elapsed  since  he  ceased  to  be  in  such 
service; or 
(l) he, whether by himself or by any person or body of  
persons  in  trust  for  him  or  for  his  benefit  or  on  his 
account or as a member of a Hindu undivided family,  
has  any  share or  interest in  a  contract, not  being  a 
contract  between  a  cooperative  society  and  
Government,  for  the  supply  of  goods  to,  or  for  the 
execution of any contract or for the performance of any  
service undertaken by, Government: 
Provided that  the  disqualification  under  this  
paragraph shall not apply to a person − 
(i) where the share or interest in the contract devolves  
on  him  by  inheritance  or  succession  or  as  a 
legatee,  executor  or  administrator,  until  the  
expiration of six months after it has so devolved on  
him; 
(ii) where the contract has been entered into by or on  
behalf  of  a  public  company  as  defined  in  the 
Constitution: (Amendment) Order, 2007 | 267
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. 
(m)he holds any office of profit in the service of Pakistan  
other than the following offices, namely:− 
(i) an office which is not whole time office remunerated 
either by salary or by fee; 
(ii) the office of Lumbardar, whether called by this or  
any other title; 
(iii) the Qaumi Razakars;
(iv) any  office  the  holder  whereof,  by  virtue  of  such 
office, is liable to be called up for military training or  
military  service  under  any  law  providing  for  the 
constitution or raising of a Force; or 
(n) he has obtained a loan for an amount of two million  
rupees  or  more,  from  any  bank,  financial  institution, 
cooperative  society  or  cooperative  body  in  his  own 
name  or  in  the  name  of  his  spouse  or  any  of  his 
dependents, which remains unpaid for more than one  
year from the due date, or has got such loan written off;  
or 
(o) he  or  his  spouse  or  any  of  his  dependents  has 
defaulted  in  payment  of  government  dues  and  utility 
expenses,  including  telephone,  electricity,  gas  and 
water charges in excess of ten thousand rupees, for  
over  six  months,  at  the  time  of  filing  his  nomination 
papers; or 
(p) he is for the time being disqualified from being elected  
or  chosen  as  a  member  of  the  Majlis-e-Shoora 
(Parliament) or of a Provincial Assembly under any law  
for the time being in force. 
268 | Constitution: (Amendment) Order, 2007
Explanation.− For the purposes of this paragraph  
“law” shall not include an Ordinance promulgated under 
Article 89 or Article 128. 
(2) If any question arises whether a member of the Majlis-e-
Shoora  (Parliament)  has  become  disqualified  from  being  a 
member, the Speaker or, as the case may be, the Chairman shall,  
unless  he  decides  that no  such question  has  arisen,  refer the 
question to the Election Commission within thirty days and if he  
fails to do so within the aforesaid period it shall be deemed to have 
been referred to the Election Commission.
(3) The Election Commission shall decide the question within  
ninety days from its receipt or deemed to have been received and  
if it is of the opinion that the member has become disqualified, he  
shall cease to be a member and his seat shall become vacant.”.
22.Substitution  of  Article  63A  of  the  Constitution.− In  the 
Constitution,  for  Article  63A,  the  following  shall  be  substituted, 
namely:− 
“63A. Disqualification on grounds of defection, etc.− (1) If a 
member  of  a  Parliamentary  Party  composed  of  a  single 
political party in a House − 
(a) resigns from membership of his political party or joins  
another Parliamentary Party; or 
(b) votes or abstains from voting in the House contrary to  
any direction issued by the Parliamentary Party to which 
he belongs, in relation to − 
(i) election of the Prime Minister or the Chief Minister;  
or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
he  may  be  declared  in  writing  by  the  Party  Head  to  have 
defected  from  the  political  party,  and  the  Party  Head  may 
forward a copy of the declaration to the Presiding Officer and  
the Chief Election Commissioner and shall similarly forward a  
copy thereof to the member concerned: 
Provided that before making the declaration, the Party  
Head shall provide such member with an opportunity to  
show cause as to why such declaration may not be made  
against him. 
Constitution: (Amendment) Order, 2007 | 269
Explanation.− “Party  Head”  means  any  person,  by 
whatever name called, declared as such by the Party. 
(2) A member of a House shall be deemed to be a member of  
a Parliamentary Party if he, having been elected as a candidate or  
nominee of a political party which constitutes the Parliamentary  
Party in the House or, having been elected otherwise than as a  
candidate or nominee of a political party, has become a member  
of such Parliamentary Party after such election by means of a  
declaration in writing.
(3) Upon  receipt  of  the  declaration  under  clause  (1),  the 
Presiding Officer of the House shall within two days refer, and in  
case he fails to do so it shall be deemed that he has referred, the  
declaration to the Chief Election Commissioner who shall lay the  
declaration  before  the  Election  Commission  for  its  decision 
thereon confirming the declaration or otherwise within thirty days  
of its receipt by the Chief Election Commissioner.
(4) Where the Election Commission confirms the declaration,  
the member referred to in clause (1) shall cease to be a member  
of the House and his seat shall become vacant.
(5) Any  party  aggrieved  by  the  decision  of  the  Election 
Commission  may,  within  thirty  days,  prefer  an  appeal  to  the 
Supreme Court which shall decide the matter within ninety days  
from the date of the filing of the appeal.
(6) Nothing  contained  in  this  Article  shall  apply  to  the 
Chairman or Speaker of a House.
(7) For the purpose of this Article,− 
(a) “House” means the National Assembly or the Senate,  
in relation to the Federation; and a Provincial Assembly  
in relation to the Province, as the case may be;
(b) “Presiding Officer” means the Speaker of the National  
Assembly, the Chairman of the Senate or the Speaker  
of the Provincial Assembly, as the case may be. 
(8) Article 63A substituted as aforesaid shall come into effect  
from  the  next  general  elections  to  be  held  after  the  
commencement of the Constitution (Eighteenth Amendment) Act,  
2010: 
Provided that till Article 63A substituted as aforesaid comes 
into effect the provisions of existing Article 63A shall remain  
operative.”. 
270 | Constitution: (Amendment) Order, 2007
23.Substitution  of  Article  70  of  the  Constitution .− In  the 
Constitution, for Article 70, the following shall be substituted, namely:− 
“70.  Introduction  and  passing  of  Bills .− (1)  A  Bill  with 
respect  to  any  matter  in  the  Federal  Legislative  List  may 
originate in either House and shall, if it is passed by the House  
in which it originated, be transmitted to the other House; and, if  
the Bill is passed without amendment by the other House also,  
it shall he presented to the President for assent.
(2) If  a  Bill  transmitted  to  a  House  under  clause  (1)  is 
passed with amendments it shall be sent back to the House in  
which it originated and if that House passes the Bill with those  
amendments it shall be presented to the President for assent.
(3) If  a  Bill  transmitted  to  a  House  under  clause  (1)  is 
rejected or is not passed within ninety days of its laying in the  
House  or  a  Bill  sent  to  a  House  under  clause  (2)  with 
amendments  is  not  passed  by  that  House  with  such 
amendments, the Bill, at the request of the House in which it  
originated, shall be considered in a joint sitting and if passed  
by the votes of the majority of the members present and voting  
in the joint sitting it shall be presented to the President for  
assent.
(4) In  this  Article  and  the  succeeding  provisions  of  the 
Constitution,  “Federal  Legislative  List”  means  the  Federal 
Legislative List and the in the Fourth Schedule.”.
24.Omission  of  Article  71  of  the  Constitution .− In  the 
Constitution, Article 71 shall be omitted.
25.Amendment  of  Article  73  of  the  Constitution .− In  the 
Constitution, in Article 73,− 
(i) For clause (1) the following shall be substituted, namely:− 
“(1)  Notwithstanding  anything  contained  in  Article  70,  a 
Money Bill shall originate in the National Assembly: 
Provided that  simultaneously  when  a  Money  Bill, 
including  the  Finance  Bill  containing  the Annual  Budget 
Statement, is presented in the National Assembly, a copy  
thereof  shall  be  transmitted  to  the  Senate  which  may, 
within fourteen days, make recommendations thereon to  
the National Assembly.”; and 
(ii) after clause (1), substituted as aforesaid, the following new  
clause shall be inserted, namely:- 
Constitution: (Amendment) Order, 2007 | 271
“(1A)  The  National  Assembly  shall  consider  the  
recommendations of the Senate and after the Bill has been  
passed by the Assembly with or without incorporating the  
recommendations of the Senate, it shall be presented to  
the President for assent.”.
26.Amendment  of  Article  75  of  the  Constitution .− In  the 
Constitution, in Article 75,− 
(i) in clause (1), for the word “thirty”, the word “ten” shall be  
substituted;
(ii) 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  give  his  assent  within  ten  days,  failing 
which such assent shall be deemed to have been given.”;  
and 
(iii) in clause (3), after the word “assented”, the words  “or is  
deemed to have assented”, shall be inserted. 
27.Amendment  of  Article  89  of  the  Constitution .− In  the 
Constitution, in Article 89,− 
(i) in clause (1), before the words “National  Assembly” the  
words “Senate or” shall be inserted; 
(ii) in clause (2), in paragraph (a),− 
(a) in sub-paragraph (i), for the  words “four months” the  
words  “one  hundred  and  twenty  days” shall  be  
substituted; and for the semi-colon at the end a colon  
shall be substituted and thereafter the following proviso  
shall be inserted, namely: − 
“Provided  that  the  National  Assembly  may  by  a 
resolution extend the Ordinance for a further period of  
one  hundred  and  twenty  days  and  it  shall  stand 
repealed at the expiration of the extended period, or if  
before  the  expiration  of  that  period  a  resolution 
disapproving it is passed by the Assembly, upon the  
passing of that resolution: 
272 | Constitution: (Amendment) Order, 2007
Provided  further  that  extension  for  further  period 
may be made only once.”; and 
(b) in sub-paragraph (ii), for the words  “four months”  the 
words  “one  hundred  and  twenty  days” shall  be  
substituted and for the semi-colon and the word “; and” 
at the end a colon shall be substituted and thereafter  
the following provisos shall be inserted, namely:− 
Provided  that  either  House  may  by  a  resolution 
extend it for a further period of one hundred and twenty  
days and it shall stand repealed at the expiration of the  
extended  period,  or  if  before  the  expiration  of  that 
period  a  resolution  disapproving  it  is  passed  by  a 
House, upon the passing of that resolution: 
Provided  further  that  extension  for  a  further 
period may be made only once; and
(iii) for clause (3), the following shall be substituted, namely:− 
“(3) without prejudice to the provisions of clause (2),− 
(a) an Ordinance laid before the National Assembly  
under  sub-paragraph  (i)  of  paragraph  (a)  of 
clause  (2)  shall  be  deemed  to  be  a  Bill 
introduced in the National Assembly; and 
(b) an  Ordinance  laid  before  both  Houses  under 
sub-paragraph (ii) of paragraph (a) of clause (2)  
shall be deemed to be a Bill introduced in the  
House where it was first laid.”. 
28.Substitution  of  Article  90  of  the  Constitution .− In  the 
Constitution, for Article 90, the following shall be substituted, namely:− 
“90.  The  Federal  Government .− (1)  Subject  to  the  
Constitution, the executive authority of the Federation shall be  
exercised  in  the  name  of  the  President  by  the  Federal 
Government, consisting of the Prime Minister and the Federal  
Ministers, which shall act through the Prime Minister, who shall  
be the chief executive of the Federation.
(2) In  the  performance  of  his  functions  under  the  
Constitution,  the  Prime  Minister  may  act  either  directly  or 
through the Federal Ministers.”.
29.Substitution  of  Article  91  of  the  Constitution .− In  the 
Constitution, for Article 91, the following shall be substituted, namely:− 
Constitution: (Amendment) Order, 2007 | 273
“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 National Assembly shall meet on the twenty-first  
day  following  the  day  on  which  a  general  election  to  the 
Assembly is held, unless sooner summoned by the President.
(3) After  the  election  of  the  Speaker  and  the  Deputy 
Speaker, the National Assembly shall, to the exclusion of any  
other  business,  proceed  to  elect  without  debate  one  of  its 
Muslim members to be the Prime Minister.
(4) The Prime Minister shall be elected by the votes of the  
majority of the total membership of the National Assembly: 
Provided that, if no member secures such majority in the  
first poll, a second poll shall be held between the members  
who secure the two highest numbers of votes in the first poll  
and  the  member  who  secures  a  majority  of  votes  of  the 
members present and voting shall be declared to have been  
elected as Prime Minister: 
Provided further that, if the number of votes secured by two 
or  more  members  securing  the  highest  number  of  votes is 
equal, further poll shall be held between them until one of them 
secures a majority of votes of the members present and voting. 
(5) The member elected under clause (4) shall be called  
upon by the President to assume the office of Prime Minister  
and he shall, before entering upon the office, make before the  
President oath in the form set out in the Third Schedule: 
Provided that there shall be no restriction on the number of  
terms for the office of the Prime Minister. 
(6) The Cabinet, together with the Ministers of State, shall  
be  collectively  responsible  to  the  Senate  and  the  National 
Assembly.
(7) The Prime Minister shall hold office during the pleasure  
of  the  President,  but  the  President  shall  not  exercise  his 
powers under this clause unless he is satisfied that the Prime  
Minister does not command the confidence of the majority of  
the members of the National Assembly, in which case he shall  
summon the National Assembly and require the Prime Minister  
to obtain a vote of confidence from the Assembly.
(8) The  Prime  Minister  may,  by  writing  under  his  hand 
addressed to the President, resign his office.
274 | Constitution: (Amendment) Order, 2007
(9) A  Minister  who  for  any  period  of  six  consecutive 
months is not a member of the National Assembly shall, at the  
expiration of that period, cease to be a Minister and shall not  
before the dissolution of that Assembly be again appointed a  
Minister unless he is elected a member of that Assembly: 
Provided that nothing contained in this clause shall apply to 
a Minister who is member of the Senate. 
(10) 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 a Minister of State during any such period.”
30.Amendment  of  Article  92  of  the  Constitution .− In  the 
Constitution, in Article 92, in clause (1),− 
(i) for the brackets and figures “(7) and (8)” the brackets and  
figures “(9) and (10)” shall be substituted; and 
(ii) in the proviso, for full  stop at the end a colon shall be  
substituted and thereafter the following provisos shall be  
inserted, namely:− 
“Provided further that the total strength of the Cabinet,  
including  Ministers  of  State,  shall  not  exceed  eleven 
percent  of  the  total  membership  of  Majlis-e-Shoora 
(Parliament): 
Provided also that the aforesaid amendment shall be  
effective  from  the  next  general  election  held  after  the 
commencement  of  the  Constitution  (Eighteenth  
Amendment) Act, 2010.”. 
31.Amendment  of  Article  99  of  the  Constitution .− In  the 
Constitution, in Article 99,−
(i) in clause (2), for the word “President” occurring for the first  
time the words “Federal Government” shall be substituted  
and for the words “in his name”  the words “in the name of  
the President” shall be substituted; and 
(ii) for clause (3), the following shall be substituted, namely:− 
“(3) The Federal Government shall also make rules for the  
allocation and transaction of its business.”.
32.Amendment  of  Article  100  of  the  Constitution .− In  the 
Constitution, in Article 100, in clause (2), after the word “President” the 
Constitution: (Amendment) Order, 2007 | 275
words  “and shall not engage in private practice so long as he holds  
the office of the Attorney-General” shall be added.
33.Amendment  of  Article  101  of  the  Constitution .− In  the 
Constitution, in Article 101,− 
(i) for clause (1) the following shall be substituted, namely:− 
“(1) There shall be a Governor for each Province, who  
shall be appointed by the President on the advice of the  
Prime Minister.”.
(ii) in clause (2), after the word “age”, the words  “and is a  
registered voter and resident of the Province concerned”  
shall be added. 
34.Substitution  of  Article  104  of  the  Constitution.− In  the 
Constitution,  for  Article  104,  the  following  shall  be  substituted, 
namely:− 
“104. Speaker Provincial Assembly to act as, or perform  
functions of Governor in his absence .− When the Governor, 
by reason of absence from Pakistan or for any other cause, is  
unable to perform his functions, the Speaker of the Provincial  
Assembly  and  in  his  absence  any  other  person  as  the 
President  may  nominate  shall  perform  the  functions  of 
Governor until the Governor returns to Pakistan or, as the case 
may be, resumes his functions.”. 
35. Amendment  of  Article  105  of  the  Constitution .− In  the 
Constitution, in Article 105,− 
(i) in clause (1), after the word “act” the words “on and” shall 
be inserted, and in the proviso, after the word “that” the  
words  “within fifteen days”  shall be inserted and after the  
word “shall” the commas and words  “, within ten days, “  
shall be inserted; and 
(ii) for clause (3) the following shall be substituted, namely:− 
“(3)  Where  the  Governor  dissolves  the  Provincial 
Assembly,  notwithstanding  anything  contained  in  clause 
(1), he shall,− 
(a) appoint a date, not later than ninety days from the  
date  of  dissolution,  for  the  holding  of  a  general 
election to the Assembly; and 
(b) appoint a care-taker Cabinet.”; and 
(iii) clause (4) shall be omitted.
276 | Constitution: (Amendment) Order, 2007
36. Amendment  of  Article  106  of  the  Constitution .− In  the 
Constitution,  for Article  106,  the following  shall  be substituted  and 
shall be deemed always to have been so substituted with effect from  
21st day of August, 2002, namely:− 
“106.  Constitution  of  Provincial  Assemblies .− (1)  Each 
Provincial Assembly shall consist of general seats and seats  
reserved  for  women  and  non-Muslims  as  specified  herein 
below.− 
General 
Seats
Women Non-
Muslims
Total
Balochistan 51 11 3 65
Khyber 
Pakhtunkhwa
99 22 3 124
Punjab 297 66 8 371
Sindh 130 29 9 168
(2) A person shall be entitled to vote if − 
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll for any area in  
the Province; and
(d) he  is  not  declared  by  a  competent  court  to  be  of 
unsound mind.
(3) For the purpose of election to a Provincial Assembly,− 
(a) the constituencies for the general seats shall be single  
member territorial constituencies and the members to  
fill such seats shall be elected by direct and free vote; 
(b) each  Province  shall  be  a  single  constituency  for  all 
seats reserved for women and non-Muslims allocated  
to the respective Provinces under clause (1); 
(c) the members to fill seats reserved for women and non-
Muslims allocated to a Province under clause (1) shall  
be elected in accordance with law through proportional  
representation  system  of  political  parties'  lists  of 
candidates  on  the  basis  of  total  number  of  general 
seats secured by each political party in the Provincial  
Assembly: 
Constitution: (Amendment) Order, 2007 | 277
Provided that for the purpose of this sub-clause, the  
total number of general seats won by a political party  
shall  include  the  independent  returned  candidate  or 
candidates who may duly join such political party within  
three days of the publication in the official Gazette of  
the names of the returned candidates.”. 
37.Substitution  of  Article  112  of  the  Constitution.− In  the 
Constitution,  for  Article  112,  the  following  shall  be  substituted, 
namely:− 
“112. Dissolution of Provincial Assembly .− (1) The Governor  
shall dissolve the Provincial Assembly if so advised by the Chief  
Minister;  and  the  Provincial  Assembly  shall,  unless  sooner 
dissolved, stand dissolved at the expiration of forty-eight hours  
after the Chief Minister has so advised. 
Explanation.− Reference in this Article to 'Chief Minister' shall  
not be construed to include reference to a Chief Minister against  
whom a notice of a resolution for a vote of no-confidence has been 
given in the Provincial Assembly but has not been voted upon or  
against whom a resolution for a vote of no-confidence has been  
passed. 
(2) The Governor may also dissolve the Provincial Assembly in 
his discretion, but subject to previous approval of the President,  
where a vote of no-confidence having been passed against the  
Chief  Minister,  no  other  member  of  the  Provincial  Assembly 
commands the confidence of the majority of the members of the  
Provincial  Assembly  in  accordance  with  the  provisions  of  the 
Constitution,  as  ascertained  in  a  session  of  the  Provincial 
Assembly summoned for the purpose.”.
38.Amendment  of  Article  116  of  the  Constitution .− In  the 
Constitution, in Article 116,− 
(i) in clause (2), for the word  “thirty” the word  “ten” shall be  
substituted; 
(ii) in  clause  (3),  for  the  words  “not  withhold  his  assent 
therefrom” the  words  “give  his  assent  within  ten  days, 
failing  with such  assent shall  be  deemed to have  been 
given” shall be substituted; and 
(iii) in clause (4), after the word “assented” the words  “or is  
deemed to have assented” shall be inserted. 
39.Amendment  of  Article  122  of  the  Constitution .− In  the 
Constitution, in Article 122, in clause (2), proviso shall be omitted.
278 | Constitution: (Amendment) Order, 2007
40.Amendment  of  Article  127  of  the  Constitution.− In  the 
Constitution, in Article 127, in paragraph (g), for the word “seventy” the 
words “one hundred” shall be substituted.
41.Amendment  of  Article  128  of  the  Constitution .− In  the 
Constitution, in Article 128, in clause (2), in paragraph (a), for the  
words “three months” the words “ninety days” shall be substituted and 
for the semi-colon and the word  “; and” at the end a colon shall be  
substituted and thereafter, the following provisos shall be inserted,  
namely:− 
“Provided that the Provincial Assembly may by a resolution  
extend the Ordinance for a further period of ninety days and it  
shall stand repealed at the expiration of the extended period, or if  
before the expiration of that period a resolution disapproving it is  
passed by the Assembly, upon the passing of that resolution: 
Provided  further that extension for a further period may be  
made only once.”. 
42.Substitution  of  Article  129  of  the  Constitution.− In  the 
Constitution,  for  Article  129,  the  following  shall  be  substituted, 
namely:− 
“129.  The  Provincial  Government .− (1)  Subject  to  the 
Constitution, the executive authority of the Province shall be  
exercised  in  the  name  of  the  Governor  by  the  Provincial 
Government, consisting of the Chief Minister and Provincial  
Ministers, which shall act through the Chief Minister.
(2) In  the  performance  of  his  functions  under  the  
Constitution,  the  Chief  Minister  may  act  either  directly  or 
through the Provincial Ministers.”.
43.Substitution  of  Article  130  of  the  Constitution.− In  the 
Constitution,  for  Article  130,  the  following  shall  be  substituted, 
namely:− 
“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 Provincial Assembly shall meet on the twenty-first  
day  following  the  day  on  which  a  general  election  to  the 
Assembly is held, unless sooner summoned by the Governor.
(3) After  the  election  of  the  Speaker  and  the  Deputy 
Speaker, the Provincial Assembly shall, to the exclusion of any  
other  business,  proceed  to  elect  without  debate  one  of  its 
members to be the Chief Minister.
Constitution: (Amendment) Order, 2007 | 279
(4) The Chief Minister shall be elected by the votes of the  
majority of the total membership of the Provincial Assembly: 
Provided that, if no member secures such majority in the  
first poll, a second poll shall be held between the members  
who secure the two highest numbers of votes in the first poll  
and  the  member  who  secures  a  majority  of  votes  of  the 
members present and voting shall be declared to have been  
elected as Chief Minister: 
Provided further that, if the number of votes secured by two 
or  more  members  securing  the  highest  number  of  votes is 
equal, further polls shall be held between them until one of  
them secures a majority of votes of the members present and  
voting. 
(5) The member elected under clause (4) shall be called  
upon by the Governor to assume the office of Chief Minister  
and he shall, before entering upon the office, make before the  
Governor oath in the form set out in the Third Schedule: 
Provided that there shall be no restriction on the number of  
terms for the office of the Chief Minister. 
(6) The  Cabinet  shall  be  collectively  responsible  to  the 
Provincial Assembly and the total strength of the Cabinet shall  
not  exceed  fifteen  members  or  eleven  percent  of  the  total 
membership of a Provincial Assembly, whichever is higher: 
Provided that the aforesaid limit shall be effective from the  
next  general  elections  after  the  commencement  of  the 
Constitution (Eighteenth Amendment) Act, 2010. 
(7) The Chief Minister shall hold office during the pleasure  
of  the  Governor,  but  the  Governor  shall  not  exercise  his 
powers under this clause unless he is satisfied that the Chief  
Minister does not command the confidence of the majority of  
the members of the Provincial Assembly, in which case he  
shall summon the Provincial Assembly and require the Chief  
Minister to obtain a vote of confidence from the Assembly.
(8) The  Chief  Minister  may,  by  writing  under  his  hand 
addressed to the Governor, resign his office.
(9) A  Minister  who  for  any  period  of  six  consecutive 
months is not a member of the Provincial Assembly shall, at  
the expiration of that period, cease to be a Minister and shall  
not before the dissolution of that Assembly be again appointed  
a Minister unless he is elected a member of that Assembly.
280 | Constitution: (Amendment) Order, 2007
(10) 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.
(11) The Chief Minister shall not appoint more than five  
Advisers.”.
44.Substitution  of  Article  131  of  the  Constitution.− In  the 
Constitution,  for  Article  131,  the  following  shall  be  substituted, 
namely:− 
“131.  Governor  to  be kept  informed .− The  Chief  Minister 
shall  keep  the  Governor  informed  on  matters  relating  to 
Provincial administration and on all legislative proposals the  
Provincial Government intends to bring before the Provincial  
Assembly.” 
45.Amendment  of  Article  132  of  the  Constitution .− In  the 
Constitution, in Article 132, in clause (1), for the brackets and figures  
“(7) and (8)” the brackets and figures “(9) and (10)” shall, respectively, 
be substituted.
46.Amendment  of  Article  139  of  the  Constitution .− In  the 
Constitution, in Article 139,− 
(i) in clause (2), for the word “Governor” occurring for the first  
time  the  words  “Provincial  Government”  shall  be  
substituted and for the words “in his name” the words “in  
the name of Governor” shall be substituted; and 
(ii) for clause (3) the following shall be substituted, namely: 
“(3) The Provincial Government shall also make rules  
for the allocation and transaction of its business.”.
47.Amendment  of  Article  140  of  the  Constitution .− In  the 
Constitution, in Article 140, in clause (3), after the word “Governor”  
occurring  at  the  end,  the  words  “and  shall  not  engage  in  private 
practice so long as he holds the office of the Advocate-General”  shall 
be added.
48.Insertion  of  new  Article  in  the  Constitution .− In  the 
Constitution,  after Article  140 amended  as aforesaid, the following 
new Article shall be inserted, namely:− 
“140A.Local Government .− (1) Each Province shall, by law,  
establish  a  local  government  system  and  devolve  political, 
Constitution: (Amendment) Order, 2007 | 281
administrative and financial responsibility and authority to the  
elected representatives of the local governments.
(2) Elections to the local governments shall be held by the  
Election Commission of Pakistan.”.
49.Amendment  of  Article  142  of  the  Constitution .− In  the 
Constitution, in Article 142,−
(i) for  paragraph  (b)  the  following  shall  be  substituted, 
namely:− 
“(b)  Majlis-e-Shoora  (Parliament)  and  a  Provincial  
Assembly shall have power to make laws with respect to  
criminal law, criminal procedure and evidence.”. 
(ii) for  paragraph  (c)  the  following  shall  be  substituted, 
namely:− 
“(c) Subject to paragraph (b), a Provincial Assembly shall,  
and Majlis-e-Shoora (Parliament) shall not, have power to  
make laws with respect to any matter not enumerated in  
the Federal Legislative List.”. 
(iii) for  paragraph  (d)  the  following  shall  be  substituted, 
namely:− 
“(d) Majlis-e-Shoora  (Parliament)  shall  have  exclusive 
power to make laws with respect to all matters pertaining to 
such areas in the Federation as are not included in any  
Province.” 
50.Substitution  of  Article  143  of  the  Constitution.− In  the 
Constitution,  for  Article  143,  the  following  shall  be  substituted, 
namely:− 
“143. Inconsistency between Federal and Provincial law .− 
If any provision of an Act of a Provincial Assembly is repugnant 
to  any  provision  of  an  Act  of  Majlis-e-Shoora  (Parliament) 
which Majlis-e-Shoora (Parliament) is competent to enact, then 
the  Act  of  Majlis-e-Shoora  (Parliament),  whether  passed 
before or after the Act of the Provincial Assembly, shall prevail  
and the Act of the Provincial Assembly shall, to the extent of  
the repugnancy, be void.” 
51.Amendment  of  Article  144  of  the  Constitution .− In  the 
Constitution, in Article 144,− 
(i) in the marginal note, for the word “two” the word “one” shall 
be substituted;
282 | Constitution: (Amendment) Order, 2007
(ii) for the word “two” occurring after the word “if” the word  
“one” shall be substituted; and
(iii) for  the  words  “either  List” the  words  “the  Federal 
Legislative List”, shall be substituted. 
52.Amendment  of  Article  147  of  the  Constitution .− In  the 
Constitution, in Article 147, for the full stop at the end a colon shall be  
substituted  and  thereafter  the  following  proviso  shall  be  added, 
namely: 
“Provided  that  the  Provincial  Government  shall  get  the 
functions so entrusted ratified by the Provincial Assembly within  
sixty days.”. 
53.Amendment  of  Article  149  of  the  Constitution .− In  the 
Constitution, in Article 149, clause (2) shall be omitted.
54.Amendment  of  Article  153  of  the  Constitution .− In  the 
Constitution, in Article 153,− 
(i) for clause (2) the following shall be substituted, namely:− 
“(2) The Council shall consist of − 
(a) the Prime Minister who shall be the Chairman of the 
Council;
(b) the Chief Ministers of the Provinces; and
(c) three members from the Federal Government to be  
nominated by the Prime Minister from time to time.”;
(ii) clause (3) shall be omitted; and
(iii) in clause (4), after the word “Parliament” occurring in the  
brackets at the end, the words “and shall submit an Annual 
Report  to  both  Houses  of  Majlis-e-Shoora  (Parliament)” 
shall be added. 
55.Amendment  of  Article  154  of  the  Constitution.− In  the 
Constitution, in Article 154,− 
(i) for clause (1), the following shall be substituted, namely:− 
“(1) The Council shall formulate and regulate policies in  
relation to matters in Part II of the Federal Legislative List  
and  shall  exercise  supervision  and  control  over  related 
institutions.”; and
(ii) Clauses  (2),  (3),  (4)  and  (5)  shall  be  renumbered  as 
clauses (4), (5), (6) and (7), respectively, and after clause  
Constitution: (Amendment) Order, 2007 | 283
(1) amended as aforesaid, the following new clauses shall  
be inserted, namely:− 
“(2) The Council shall be constituted within thirty days of  
the Prime Minister taking oath of office.
(3) The Council shall have a permanent Secretariat and  
shall meet at least once in ninety days: 
Provided that  the  Prime  Minister  may  convene  a 
meeting on the request of a Province on an urgent matter.”. 
56.Amendment  of  Article  155  of  the  Constitution .− In  the 
Constitution, for Article 155, in clause (1) after the word “supply” the  
words “or reservoir” shall be inserted.
57.Substitution  of  Article  156  in  the  Constitution .− In  the 
Constitution,  for  Article  156,  the  following  shall  be  substituted, 
namely:− 
“156. National Economic Council .− (1) The President shall  
constitute a National Economic Council which shall consist of − 
(a) the Prime Minister, who shall be the Chairman of  
the Council;
(b) the  Chief  Ministers  and  one  member  from  each 
Province to be nominated by the Chief Minister; and
(c) four  other  members  as  the  Prime  Minister  may 
nominate from time to time.
(2) The  National  Economic  Council  shall  review  the  overall 
economic  condition  of  the  country  and  shall,  for  advising  the 
Federal Government and the Provincial Governments, formulate  
plans  in  respect  of  financial,  commercial,  social  and  economic 
policies;  and  in  formulating  such  plans  it  shall,  amongst  other 
factors,  ensure  balanced  development  and  regional  equity  and 
shall also be guided by the Principles of Policy set out in Chapter 2 
of Part-II.
(3) The meetings of the Council shall be summoned by the  
Chairman or on a requisition made by one-half of the members of  
the Council.
(4) The Council shall meet at least twice in a year and the  
quorum for a meeting of the Council shall be one-half of its total  
membership.
(5) The  Council  shall  be  responsible  to the Majlis-e-Shoora 
(Parliament) and shall submit an Annual Report to each House of  
Majlis-e-Shoora (Parliament).”.
284 | Constitution: (Amendment) Order, 2007
58.Amendment  of  Article  157  of  the  Constitution .− In  the 
Constitution, in Article 157,− 
(i) in clause (1) for the full stop at the end a colon shall be  
substituted  and  thereafter the following  proviso  shall  be 
inserted, namely:− 
“Provided that the Federal Government, prior to taking  
a decision to construct or cause to be constructed, hydro-
electric power stations in any Province, shall consult the  
Provincial Government concerned.”; and 
(ii) after clause (2), the following new clause shall be added,  
namely:− 
“(3)  In  case  of  any  dispute  between  the  Federal 
Government and a Provincial Government in respect of any 
matter under this Article, any of the said Governments may  
move the Council of Common Interests for resolution of the  
dispute.”.
59.Amendment  of  Article  160  of  the  Constitution .− In  the 
Constitution, in Article 160, after clause (3), the following new clauses  
shall be inserted, namely:− 
“(3A) The share of the Provinces in each Award of National  
Finance Commission shall not be less than the share given to  
the Provinces in the previous Award.
 (3B) The  Federal  Finance  Minister and  Provincial  Finance 
Ministers  shall  monitor  the  implementation  of  the  Award 
biannually and lay their reports before both Houses of Majlis-e-
Shoora (Parliament) and the Provincial Assemblies.”.
60.Amendment  of  Article  161  of  the  Constitution .− In  the 
Constitution,  in  Article  161,  for  clause  (1)  the  following  shall  be 
substituted, namely:− 
“(1) Notwithstanding the provisions of Article 78,− 
(a) the  net  proceeds  of  the  Federal  duty  of  excise  on 
natural gas levied  at well-head  and collected by the  
Federal Government and of the royalty collected by the  
Federal Government, shall not form part of the Federal  
Consolidated Fund and shall be paid to the Province in  
which the well-head of natural gas is situated; 
(b) the net proceeds of the Federal duty of excise on oil  
levied  at  well-head  and  collected  by  the  Federal 
Government,  shall  not  form  part  of  the  Federal 
Constitution: (Amendment) Order, 2007 | 285
Consolidated Fund and shall be paid to the Province in  
which the well-head of oil is situated.”. 
61.Amendment  of  Article  167  of  the  Constitution.− In  the 
Constitution, in Article 167, after clause (3) the following new clause  
shall be inserted, namely:− 
“(4) A Province may raise domestic or international loan, or  
give guarantees on the security of the Provincial Consolidated  
Fund within such limits and subject to such conditions as may  
be specified by the National Economic Council.”. 
62.Amendment  of  Article  168  of  the  Constitution .− In  the 
Constitution, in Article 168,− 
(i) for  clause  (3)  the  following  shall  be  substituted, 
namely:− 
“(3)  The  Auditor-General  shall,  unless  he sooner 
resigns or is removed from office in accordance with  
clause (5), hold office for a term of four years from the  
date on which he assumes such office or attains the  
age of sixty-five years, whichever is earlier.”.
(ii) after clause (3) amended as aforesaid, the following  
new clause shall be inserted, namely:− 
“(3A) The other terms and conditions of service of  
the  Auditor-General  shall  be  determined  by  Act  of 
Majlis-e-Shoora (Parliament); and, until so determined,  
by Order of the President.”; and
(iii) in clause (6), for the words “such other person as the  
President may direct shall”  the words  “the President  
may appoint the most senior officer in the Office of the  
Auditor-General to” shall be substituted. 
63. Amendment  of  Article  170  of  the  Constitution .− In  the 
Constitution, Article 170 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)  The  audit  of  the  accounts  of  the  Federal  and  of  the 
Provincial Governments and the accounts of any authority or  
body established by, or under the control of, the Federal or a  
Provincial  Government  shall  be  conducted  by  the  Auditor-
General, who shall determine the extent and nature of such  
audit.”. 
286 | Constitution: (Amendment) Order, 2007
64.Amendment of Article 171 of the Constitution .− In Article  
171, for the words  “the National Assembly”  the words and brackets  
“both Houses of Majlis-e-Shoora (Parliament)” shall be substituted. 
65.Amendment  of  Article  172  of  the  Constitution .− In  the 
Constitution, in Article 172,− 
(i) in clause (2), for the word “within” occurring for the second  
time the word “beyond” shall be substituted; and 
(ii) after clause (2) amended as aforesaid, the following new  
clause shall be inserted, namely:− 
“(3)  Subject  to  the  existing  commitments  and  
obligations, mineral oil and natural gas within the Province  
or the territorial waters adjacent thereto shall vest jointly  
and equally in that Province and the Federal Government.”.
66.Amendment  of  Article  175  of  the  Constitution .− In  the 
Constitution, in Article 175, in clause (1), after the word “Province” the  
words “and a High Court for the Islamabad Capital Territory”  shall be  
inserted and under clause (1) amended as aforesaid, the following  
Explanation shall be added, namely:− 
“Explanation.− The words “High Court” wherever occurring in  
the Constitution shall include the High Court for the Islamabad  
Capital Territory.”.  
67.Insertion  of  Article  175A  in  the  Constitution .− In  the 
Constitution,  after  Article  175,  the  following  new  Article  shall  be 
inserted, namely: − 
“175A. Appointment of Judges to the Supreme Court, High 
Courts and the Federal Shariat Court .− (1) There shall be a  
Judicial  Commission  of  Pakistan,  hereinafter  in  this  Article 
referred to as the Commission, for appointment of Judges of  
the  Supreme  Court,  High  Courts  and  the  Federal  Shariat 
Court, as hereinafter provided.
(2) For appointment of Judges of the Supreme Court, the  
Commission shall consist of − 
(i) Chief Justice of Pakistan; Chairman
(ii) two most senior Judges of the Supreme  
Court;
Members
(iii) a former Chief Justice or a former Judge  
of the Supreme Court    of Pakistan to be  
nominated  by  the  Chief  Justice  of 
Pakistan,  in  consultation  with  the  two 
Constitution: (Amendment) Order, 2007 | 287
member Judges, for a term of two years; Member
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; and Member
(vi) a Senior Advocate of the Supreme Court  
of Pakistan nominated by the Pakistan  
Bar Council for a term of two years.
Member
(3) Notwithstanding  anything  contained  in  clause  (1)  or 
clause (2), the President shall appoint the most senior Judge  
of the Supreme Court as the Chief Justice of Pakistan.
(4) The  Commission  may  make  rules  regulating  its 
procedure.
(5) For  appointment  of  Judges  of  a  High  Court,  the 
Commission  in  clause  (2)  shall  also  include  the  following, 
namely:− 
(i) Chief Justice of the High Court to which  
the appointment is being made;
Member
(ii) the  most  senior  Judge  of  that  High 
Court;
Member
(iii) Provincial Minister for Law; and Member
(iv) a senior advocate to be nominated by  
the Provincial Bar Council for a term of  
two years:
Member
Provided that for appointment of the Chief Justice of a  
High Court, the most senior Judge of the Court shall be  
substituted by a former Chief Justice or former Judge of  
that  Court,  to  be  nominated  by  the  Chief  Justice  of 
Pakistan in consultation with the two member Judges of the 
Commission mentioned in clause (2): 
Provided further that if for any reason the Chief Justice  
of High Court is not available, he shall also be substituted  
in the manner as provided in the foregoing proviso. 
(6) For  appointment  of  Judges  of  the  Islamabad  High 
Court,  the  Commission  in  clause  (2)  shall  also  include  the 
following, namely:− 
(i) Chief Justice of the Islamabad High Court;  
and
Member
(ii) the most senior Judge of that High Court: Member
288 | Constitution: (Amendment) Order, 2007
Provided that for initial appointment of the Judges  
of the Islamabad High Court, the Chief Justices of the  
four Provincial High Courts shall also be members of  
the Commission: 
Provided further  that  subject  to  the  foregoing 
proviso,  in  case  of  appointment  of  Chief  Justice  of 
Islamabad High Court, the provisos to clause (5) shall,  
mutatis mutandis, apply. 
(7) For  appointment  of  Judges  of  the  Federal  Shariat 
Court,  the  Commission  in  clause  (2)  shall  also  include  the 
Chief Justice of the Federal Shariat Court and the most senior  
Judge of that Court as its members: 
Provided that for appointment of Chief Justice of Federal  
Shariat  Court,  the  provisos  to  clause  (5)  shall,  mutatis 
mutandis, apply. 
(8) The Commission by majority of its total membership  
shall nominate to the Parliamentary Committee one person, for  
each vacancy of a Judge in the Supreme Court, a High Court  
or the Federal Shariat Court, as the case may be.
(9) The Parliamentary Committee, hereinafter in this Article 
referred to as the Committee, shall  consist of the following  
eight members, namely:− 
(i) four members from the Senate; and
(ii) four members from the National Assembly.
(10) Out of the eight members of the Committee, four shall  
be from the Treasury Benches, two from each House and four  
from  the  Opposition  Benches,  two  from  each  House.  The 
nomination of members from the Treasury Benches shall be  
made by the Leader of the House and from the Opposition  
Benches by the Leader of the Opposition.
(11) Secretary, Senate shall act as the Secretary of the  
Committee.
(12) The Committee on receipt of a nomination from the  
Commission may confirm the nominee by majority of its total  
membership within fourteen days, failing which the nomination  
shall be deemed to have been confirmed: 
Provided that  the  Committee  may  not  confirm  the  
nomination  by  three-fourth  majority  of  its  total  membership 
within  the said period, in which  case the Commission  shall  
send another nomination. 
Constitution: (Amendment) Order, 2007 | 289
(13) The Committee shall forward the name of the nominee 
confirmed  by  it  or  deemed  to  have  been  confirmed  to  the 
President for appointment.
(14) No action or decision taken by the Commission or a  
Committee shall be invalid or called in question only on the  
ground of the existence of a vacancy therein or of the absence  
of any member from any meeting thereof.
(15)  The  Committee  may  make  rules  for  regulating  its 
procedure.”.
68.Amendment  of  Article  177  of  the  Constitution .− In  the 
Constitution,  in  Article  177,  for  clause  (1)  the  following  shall  be 
substituted, namely:− 
“(1)  The  Chief  Justice  of  Pakistan  and  each  of  the  other 
Judges  of the Supreme Court shall  be appointment by the  
President in accordance with Article 175A.”.
69.Amendment  of  Article  193  of  the  Constitution .− In  the 
Constitution, in Article 193,− 
(i) for  clause  (1),  the  following  shall  be  substituted, 
namely:− 
“(1) The Chief Justice and each of the other Judges  
of a High Court shall be appointed by the President in  
accordance with Article 175A.”;
(ii) in clause (2) for the word  “forty” the word  “forty-five” 
shall  be  substituted  and  shall  be  deemed  always  to 
have been so substituted with effect from the 21 st day of 
August, 2002. 
70.Amendment  of  Article  194  of  the  Constitution .− In  the 
Constitution, in Article 194, for the full stop at the end a colon shall be  
substituted  and  thereafter  the  following  proviso  shall  be  added, 
namely:− 
“Provided  that  the  Chief  Justice  of  the  Islamabad  High 
Court shall make oath before the President and other Judges  
of that Court shall make oath before the Chief Justice of the  
Islamabad High Court.”. 
71.Amendment  of  Article  198  of  the  Constitution .− In  the 
Constitution, in Article 198, −
(i) after  clause  (1),  the  following  new  clause  shall  be 
inserted, namely:− 
290 | Constitution: (Amendment) Order, 2007
“(1A) The  High  Court  for  Islamabad  Capital 
Territory shall have its principal seat at Islamabad.”;
(ii) in clause (3),− 
(a) after  the  word  Abbottabad,  the  comma  and  the 
word “, Mingora” shall be inserted; and 
(b) after the word “Sibi” occurring at the end, the words  
“and Turbat” shall be added. 
72.Amendment  of  Article  199  of  the  Constitution .− In  the 
Constitution,  in  Article  199,  for clause  (4A),  the  following  shall  be 
substituted, namely,− 
“(4A)  An  interim  order  made  by  a  High  Court  on  an 
application made to it to question the validity or legal effect of  
any order made, proceeding taken or act done by any authority 
or person, which has been made, taken or done or purports to  
have  been  made,  taken  or  done  under  any  law  which  is 
specified in Part I of the First Schedule or relates to, or is  
connected with, State property or assessment or collection of  
public revenues shall cease to have effect on the expiration of  
a period of six months following the day on which it is made: 
Provided that the matter shall  be finally  decided  by the  
High  Court  within  six  months  from  the  date  on  which  the 
interim order in made.”. 
73.Amendment  of  Article  200  of  the  Constitution.− In  the 
Constitution, in Article 200,− 
(i) in clause (1), the proviso shall be omitted; and
(ii) clause (4) shall be omitted.
74.Amendment of Article 203C of the Constitution .− In the  
Constitution, in Article 203C, − 
(i) in clause (2), after the word “President” occurring at the  
end the words, figures and letters  “in accordance with  
Article 175A” shall be inserted; 
(ii) in clause (3A), for the words  “who are well-versed in  
Islamic  law” the  words  and  comma  “having  at  least 
fifteen  years  experience  in  Islamic  law,  research  or 
instruction” shall be substituted; 
(iii) in clause (4), in the proviso, the words  “for a period  
exceeding two years” shall be omitted; 
Constitution: (Amendment) Order, 2007 | 291
(iv) for  clause  (4B)  the  following  shall  be  substituted, 
namely:− 
“(4B) The Chief Justice and a Judge shall not be  
removed from office except in the like manner and on  
the like grounds as a Judge of the Supreme Court.”; 
(v) clause (4C) and clause (5) shall be omitted; and
(vi) for clause (9), the following shall be substituted and  
shall be deemed always to have been so substituted  
with effect from the 21st day of August, 2002, namely:− 
“(9)  A  Chief  Justice  who  is  not  a  Judge  of  the 
Supreme  Court  shall  be  entitled  to  the  same  
remuneration,  allowances  and  privileges  as  are  
admissible  to  a Judge  of the  Supreme Court and  a 
Judge who is not a Judge of a High  Court shall be  
entitled  to  the  same  remuneration,  allowances  and 
privileges as are admissible to a Judge of a High Court: 
Provided that where a Judge is already drawing a  
pension for any other post in the service of Pakistan,  
the amount of such pension shall be deducted from the  
pension admissible under this clause.”.
75.Amendment of Article 203D of the Constitution .− In the  
Constitution,  in  Article  203D,  in  clause  (1A),  the  words  “or  the 
Concurrent Legislative List” shall be omitted and for the words “in the 
either of those Lists” the words “in the Federal Legislative List”  shall 
be substituted.
76.Amendment  of  Article  209  of  the  Constitution .− In  the 
Constitution,  in  Article  209,  for  clause  (5)  the  following  shall  be 
substituted, namely:− 
“(5) If, on information from any source, the Council or the  
President is of the opinion that a Judge of the Supreme Court  
or of a High Court − 
(a) may be incapable of property performing the duties  
of  his  office  by  reason  of  physical  or  mental 
incapacity; or
(b) may have been guilty of misconduct,
the President shall  direct the Council  to, or the Council  
may, on its own motion, inquire into the matter.”.
77.Amendment  of  Article  213  of  the  Constitution.− In  the 
Constitution, in Article 213,− 
292 | Constitution: (Amendment) Order, 2007
(i) in  clause  (1),  the  words  “in  his  discretion” shall  be 
omitted; 
(ii) after  clause  (2),  the  following  new  clauses  shall  be 
inserted, namely:− 
“(2A) The Prime Minister shall in consultation with  
the Leader of the Opposition in the National Assembly,  
forward  three  names  for  appointment  of  the  
Commissioner  to  a  Parliamentary  Committee  for 
hearing and confirmation of any one person.
(2B)  The  Parliamentary  Committee  to  be  
constituted by the Speaker shall comprise fifty percent  
members from the Treasury Branches and fifty percent  
from the Opposition Parties, based on their strength in  
Majlis-e-Shoora (Parliament), to be nominated by the  
respective Parliamentary Leaders: 
Provided that  in  case  there  is  no  consensus 
between  the  Prime  Minister  and  the  Leader  of  the 
Opposition,  each  shall  forward  separate  lists  to  the 
Parliamentary Committee for consideration which may  
confirm any one name: 
Provided further  that  the  total  strength  of  the 
Parliamentary  Committee  shall  not  exceed  twelve 
members  out  of  which  one-third  shall  be  from  the 
Senate: 
Provided also that when the National Assembly is  
dissolved  and  a  vacancy  occurs  in  the office  of the 
Chief  Election  Commissioner,  the  Parliamentary  
Committee  shall  comprise  the  members  from  the 
Senate only and the foregoing provisions of this clause  
shall, mutatis mutandis, apply.”. 
78.Amendment  of  Article  215  of  the  Constitution .− In  the 
Constitution, in Article 215, in clause (1),− 
(i) for the word “three” the word “five”  shall be substituted  
and thereafter the following proviso shall be inserted,  
namely:− 
“Provided that the aforesaid amendment shall be  
effective after the expiry of current tenure of the present 
incumbent; and 
(ii) the existing proviso shall be omitted.
Constitution: (Amendment) Order, 2007 | 293
79.Amendment  of  Article  216  of  the  Constitution .− In  the 
Constitution, in Article 216, in clause (2), in the proviso,− 
(i) in paragraph (a), for the semicolon and the word “; and” 
a full stop shall be substituted; and 
(ii) paragraph (b) shall be omitted.
80.Amendment  of  Article  218  of  the  Constitution .− In  the 
Constitution, in Article 218, − 
(i) for  clause  (1),  the  following  shall  be  substituted, 
namely:− 
“(1) For the purpose of election to both Houses of  
Majlis-e-Shoora  (Parliament),  Provincial  Assemblies 
and for election to such other public offices as may be  
specified  by  law,  a  permanent  Election  Commission 
shall  be constituted in accordance with  this Article.”;  
and
(ii) for  clause  (2),  the  following  shall  be  substituted, 
namely:− 
“(2) The Election Commission shall consist of,− 
(a) the Commissioner who shall be the Chairman of the 
Commission; and
(b) four members, each of whom has been a Judge of  
a High Court from each Province, appointed by the  
President in the manner provided for appointment  
of the Commissioner in clauses (2A) and (2B) of  
Article 213.”. 
81.Amendment  of  Article  219  of  the  Constitution .− In  the 
Constitution, in Article 219,- 
(i) for  the  word  “Commissioner”  the  word  “Commission” 
shall be substituted; and 
(ii) in paragraph (c), for the full stop at the end a semi colon 
shall be substituted and after paragraph (c), amended  
as  aforesaid,  the  following  new  paragraphs  shall  be 
added; namely:− 
“(d)  the  holding  of  general  elections  to  the  National 
Assembly,  Provincial  Assemblies  and  the  local 
governments; and
(e) such other functions as may be specified by an Act  
of Majlis-e-Shoora (Parliament).”.
294 | Constitution: (Amendment) Order, 2007
82.Amendment  of  Article  221  of  the  Constitution .− In  the 
Constitution, in Article 221, for the word “Commissioner” occurring for 
the first and second time, the words, “Election Commission” shall be  
substituted and the words “Commissioner or an” shall be omitted. 
83.Amendment  of  Article  224  of  the  Constitution .− In  the 
Constitution, in Article 224,− 
(i) for  clause  (1),  the  following  shall  be  substituted, 
namely:− 
“(1) A general election to the National Assembly or  
a Provincial Assembly shall be held within a period of  
sixty days immediately following the day on which the  
term  of  the  Assembly  is  due  to  expire,  unless  the 
Assembly has been sooner dissolved, and the results  
of the election shall be declared not later than fourteen  
days before that day.”;
(ii) after  clause  (1)  substituted  as  the  aforesaid,  the 
following new clauses shall be inserted, namely:− 
“(1A) On dissolution of the Assembly on completion  
of its term, or in case it is dissolved under Article 58 or  
Article 112, the President, or the Governor, as the case  
may be, shall appoint a care-taker Cabinet: 
Provided that the care-taker Prime Minister shall be  
selected by the President in consultation with the Prime  
Minister  and  the  Leader  of  the  Opposition  in  the 
outgoing  National  Assembly,  and  a  care-taker  Chief 
Minister  shall  be  appointed  by  the  Governor  in 
consultation with the Chief Minister and the Leader of  
the Opposition in the outgoing Provincial Assembly: 
Provided further that the Members of the Federal  
and Provincial care-taker Cabinets shall be appointed  
on the advice of the care-taker Prime Minister or the  
care-taker Chief Minister, as the case may be. 
(1B) Members of the care-taker Cabinets including  
the care-taker Prime Minister and the care-taker Chief  
Minister and their immediate family members shall not  
be  eligible  to  contest  the  immediately  following 
elections to such Assemblies. 
Explanation.− In  this  clause  “immediate  family  
members” means spouse and children.”; and
Constitution: (Amendment) Order, 2007 | 295
(iii)  after  clause  (5)  the  following  new  clause  shall  be 
inserted and shall be deemed always to have been so  
inserted with effect from the 21 st day of August, 2002,  
namely:− 
“(6)  When  a  seat  reserved  for  women  or  non-
Muslims  in  the  National  Assembly  or  a  Provincial 
Assembly falls vacant, on account of death, resignation  
or disqualification of a member, it shall be filled by the  
next person in order of precedence from the party list of 
the  candidates  to  be  submitted  to  the  Election 
Commission by the political party whose member has  
vacated such seat.”.
84.Substitution  of  Article  226  of  the  Constitution.− In  the 
Constitution,  for  Article  226,  the  following  shall  be  substituted, 
namely:− 
“226.  Election  by  secret  ballot .− All  elections  under  the 
Constitution, other than those of the Prime Minister and the  
Chief Minister, shall be by secret ballot.”.
85.Amendment  of  Article  228  of  the  Constitution.− In  the 
Constitution, in Article 228, in clause (3), in paragraph (c), for the word  
“four” the words “one-third” shall be substituted. 
86.Amendment  of  Article  232  of  the  Constitution .− In  the 
Constitution, in Article 232, in clause (1), for the full stop at the end a  
colon shall be substituted and after clause (1) amended as aforesaid,  
the following provisos shall be inserted, namely:− 
“Provided that for imposition of emergency due to internal  
disturbances beyond the powers of a Provincial Government to 
control,  a  resolution  from  the  Provincial  Assembly  of  that 
Province shall be required: 
Provided further that if the President acts on his own, the  
Proclamation  of  Emergency  shall  be  placed  before  both 
Houses of Majlis-e-Shoora (Parliament) for approval by each  
House within ten days.”. 
87.Amendment  of  Article  233  of  the  Constitution .− In  the 
Constitution, in Article 233, in clause (3), for the words “a joint sitting” 
the words “both Houses of Majlis-e-Shoora (Parliament) separately”  
shall be substituted.
88.Amendment  of  Article  234  of  the  Constitution .− In  the 
Constitution, in Article 234, in clause (1),− 
(i) the words “or otherwise” shall be omitted; and 
296 | Constitution: (Amendment) Order, 2007
(ii) for  the  words  “at  a  joint  sitting”  the  words  “by  each 
House separately” shall be substituted. 
89.Amendment  of  Article  242  of  Constitution .− In  the 
Constitution, in Article 242,− 
(i) in  clause  (1A),  for  the  words  “in  his  discretion”  the 
words “on the advice of the Prime Minister” shall  be  
substituted”; and 
(ii) after clause (1A) amended as aforesaid, the following  
new clause shall be inserted, namely:− 
“(1B)  The  Chairman  of  the  Public  Service  
Commission  constituted  in  relation  to  affairs  of  a 
Province shall be appointed by the Governor on advice  
of the Chief Minister.”.
90.Substitution  of  Article  243  in  the  Constitution .− In  the 
Constitution,  for  Article  243,  the  following  shall  be  substituted, 
namely:− 
“243.  Command  of  Armed  Forces .− (1)  The  Federal 
Government shall have control and command of the Armed  
Forces.
(2) Without  prejudice  to  the  generality  of  the  foregoing 
provision, the Supreme Command of the Armed Forces shall  
vest in the President.
(3) The President shall subject to law, have power − 
(a) to raise  and maintain  the Military, Naval  and  Air 
Forces  of  Pakistan;  and  the  Reserves  of  such 
Forces; and
(b) to grant Commissions in such Forces.
(4) The President shall, on advice of the Prime Minister,  
appoint − 
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.”. 
91.Amendment  of  Article  246  of  the  Constitution .− In  the 
Constitution, in Article 246, in paragraph (a),− 
Constitution: (Amendment) Order, 2007 | 297
(a) in  sub-paragraph  (i),  for  the  word  “Baluchistan”  the 
word  “Balochistan”  and  for  the  words  “North  West 
Frontier”  the  words  “Khyber  Pakhtunkhwa”  shall  be 
substituted  and  the  word  “and”  at  the  end  shall  be 
omitted; and 
(b) after  sub-paragraph  (ii),  the  following  new  sub-
paragraphs shall be inserted, namely:− 
“(iii) Tribal Areas adjoining Lakki Marwat District; and
 (iv) Tribal Areas adjoining Tank District.”. 
92.Amendment  of  Article  260  of  the  Constitution .− In  the 
Constitution, in Article 260, in clause (1), the definition of expression  
“consultation” shall be omitted. 
93.Insertion  of  new  Articles  in  the  Constitution .− In  the 
Constitution,  after  Article  267,  the  following  new  Articles  shall  be 
inserted, namely:− 
“267A.  Power  to  remove  difficulties.− (1)  If  any  difficulty 
arises  in  giving  effect  to  the  provisions  of  the  Constitution 
(Eighteenth Amendment) Act, 2010, hereinafter in this Article  
referred to as the Act, or for bringing the provisions of the Act  
into effective operation, the matter shall be laid before both  
Houses in a joint sitting which may by a resolution direct that  
the provisions of the Act shall, during such period as may be  
specified  in  the  resolution,  have  effect,  subject  to  such 
adaptations,  whether  by  way  of  modification,  addition  or 
omission, as may be deemed necessary or expedient: 
Provided that this power shall be available for a period of  
one year from the commencement of the Act. 
267B. Removal of doubt .− For removal of doubt it is hereby  
declared that Article 152A omitted and Articles 179 and 195  
substituted by the Constitution (Seventeenth Amendment) Act,  
2003 (Act No. III of 2003), notwithstanding its repeal, shall be  
deemed always to have been so omitted and substituted.”.
94.Amendment  of  Article  268  of  the  Constitution .− In  the 
Constitution, in Article 268, clause (2) shall be omitted.
95.Amendment of Article 270A of the Constitution .− In the  
Constitution, in Article 270A,− 
(a) in clause (1), the words, commas, brackets and figures  
“under  which,  in  consequence  of  the  result  of  the 
referendum held on the nineteenth day of December,  
1984,  General  Mohammad  Zia-ul-Haq  became  the 
298 | Constitution: (Amendment) Order, 2007
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,” shall  be 
omitted; and 
(b) for  clause  (6),  the  following  shall  be  substituted, 
namely:− 
“(6)  The  laws  referred  to  in  clause  (1)  may  be 
amended by the appropriate Legislature in the manner  
provided for amendment of such laws.”.
96.Substitution  of  new  Article  in  the  Constitution.− In  the 
Constitution,  for  Article  270AA,  the  following  shall  be  substituted, 
namely:− 
“270AA.  Declaration  and  continuance  of  laws  etc.− (1)  The 
Proclamation  of  Emergency  of  the  fourteenth  day  of  October, 
1999, the Provisional Constitution Order No. 1 of 1999, the Oath of 
Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s  
Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the  
amendments  made  in  the  Constitution  through  the  Legal 
Framework Order, 2002 (Chief Executive's Order No. 24 of 2002),  
the  Legal  Framework  (Amendment)  Order,  2002  (Chief  
Executive's  Order  No.  29  of  2002)  and  the  Legal  Framework 
(Second Amendment) Order, 2002 (Chief Executive's Order No.  
32 of 2002), notwithstanding any judgment of any court including  
the Supreme Court or a High Court, are hereby declared as having 
been made without lawful authority and of no legal effect.
(2) Except  as  provided  in  clause  (1)  and  subject  to  the 
provisions of the Constitution (Eighteenth Amendment) Act, 2010,  
all  laws  including  President's  Orders,  Acts,  Ordinances,  Chief 
Executive’s Orders, regulations, enactments, notifications, rules,  
orders or bye-laws made between the twelfth day of October, one  
thousand nine hundred and ninety-nine and the thirty-first day of  
December, two thousand and three (both days inclusive) and still  
in force shall, continue to be in force until altered, repealed or  
amended by the competent authority. 
Explanation.− For the purposes of clause (2) and clause  
(6), “competent authority” means,− 
(a) in respect of Presidents' Orders, Ordinances, Chief  
Executive's  Orders  and  all  other  laws,  the  
appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-
laws,  the  authority  in  which  the  power  to  make, 
Constitution: (Amendment) Order, 2007 | 299
alter, repeal or amend the same vests under the  
law. 
(3) Notwithstanding anything contained in the Constitution or  
clause (1), or judgment of any court including the Supreme Court  
or a High Court,− 
(a) Judges  of  the  Supreme  Court,  High  Courts  and 
Federal Shariat Court who were holding the office  
of a Judge or were appointed as such, and had  
taken oath under the Oath of Office (Judges) Order,  
2000,  (I  of  2000),  shall  be  deemed  to  have 
continued to hold the office as a Judge or to have  
been appointed as such, as the case may be, under 
the  Constitution,  and  such  continuance  or  
appointment, shall have effect accordingly. 
(b) Judges  of  the  Supreme  Court,  High  Courts  and 
Federal Shariat Court who not having been given or 
taken oath under the Oath of Office (Judges) Order,  
2000 (I of 2000), and ceased to hold the office of a  
Judge shall, for the purposes of pensionary benefits 
only, be deemed to have continued to hold office  
under  the  Constitution  till  their  date  of  
superannuation. 
(4) All orders made, proceedings taken, appointments made,  
including secondments and deputations, and acts done by any  
authority, or by any person which were made, taken or done, or  
purported to have been made, taken or done, between the twelfth  
day of October, one thousand nine hundred and ninety-nine and  
the thirty first day of December, two thousand and three (both  
days  inclusive),  in  exercise  of  the  powers  derived  from  any 
authority or laws mentioned in clause (2), or in execution of or in  
compliance with any orders made or sentences passed by any  
authority  in  the  exercise  or  purported  exercise  of  powers  as 
aforesaid, shall, notwithstanding anything contained in clause (1),  
be deemed to be valid and shall not be called in question in any  
court or forum on any ground whatsoever.
(5) No suit, prosecution or other legal proceedings, including  
writ petitions, shall lie in any court or forum against any authority or 
any person, for or on account of or in respect of any order made,  
proceedings  taken  or  act  done  whether  in  the  exercise  or 
purported exercise of the powers referred to in clause (2) or clause 
(4)  or  in  execution  of  or  in  compliance  with  orders  made  or 
sentences  passed  in  exercise  or  purported  exercise  of  such 
powers.
300 | Constitution: (Amendment) Order, 2007
(6) Notwithstanding omission of the Concurrent Legislative List 
by the Constitution (Eighteenth Amendment) Act, 2010, all laws  
with respect to any of the matters enumerated in the said List  
(including  Ordinances,  Orders,  rules,  bye-laws,  regulations  and 
notifications and other legal instruments having the force of law) in  
force in  Pakistan or any  part thereof, or having  extra-territorial  
operation,  immediately  before  the  commencement  of  the  
Constitution (Eighteenth Amendment) Act, 2010, shall continue to  
remain  in  force  until  altered,  repealed  or  amended  by  the 
competent authority. 
(7) Notwithstanding anything contained in the Constitution, all  
taxes and fees levied under any law in force immediately before  
the commencement of the Constitution (Eighteenth Amendment)  
Act,  2010,  shall  continue  to  be  levied  until  they  are  varied  or 
abolished by an Act of the appropriate legislature. 
(8) On  the  omission  of  the  Concurrent  Legislative  List,  the 
process of devolution of the matters mentioned in the said List to  
the Provinces shall be completed by the thirtieth day of June, two  
thousand and eleven.
(9) For purposes of the devolution process under clause (8),  
the  Federal  Government  shall  constitute  an  Implementation 
Commission  as  it  may  deem  fit  within  fifteen  days  of  the 
commencement of the Constitution (Eighteenth Amendment) Act,  
2010.”.
97.Amendment of Article 270B of the Constitution .− In the  
Constitution, in Article 270B, after the figure and comma “1977,”, the  
words, commas, figures and brackets  “and the Conduct of General  
Elections, Order, 2002 (Chief Executive's Order No. 7 of 2002),”  shall 
be inserted and shall be deemed always to have been so inserted with 
effect from the 21st day of August, 2002.
98.Insertion of new Article 270BB of the Constitution .− In the 
Constitution, after Article 270B, amended as aforesaid, the following  
new Article shall be inserted, namely:− 
“270BB.  General  Elections  2008 .− Notwithstanding  anything 
contained in the Constitution or any other law for the time being in  
force, the General Elections 2008, to the National Assembly and  
the Provincial Assemblies held on the eighteenth day of February,  
two thousand and eight shall be deemed to have been held under  
the Constitution and shall have effect accordingly.” 
99.Amendment  of  Annex  to  the  Constitution .− In  the 
Constitution, in the Annex, in the Objectives Resolution, in the sixth  
paragraph, after the word “to” the word “freely” shall be inserted. 
Constitution: (Amendment) Order, 2007 | 301
100. Amendment of Third Schedule to the Constitution .− In 
the Constitution, in the Third Schedule,− 
(i) in the Oath prescribed for the Prime Minister, for the  
figure “3” occurring in the brackets, the figure “5” shall 
be substituted; 
(ii) in  the  Oath  prescribed  for  the  Chief  Minister  or 
Provincial Minister, for the figures and brackets “131(4)” 
the figures and brackets “130(5)” shall be substituted; 
(iii) in the Oath prescribed for the Speaker of a Provincial  
Assembly, for the words “I will discharge” the words and 
comma  “and  whenever  I  am  called  upon  to  act  as 
Governor, I will discharge” shall be substituted; and 
(iv) for the Oath prescribed for the Chief Justice or a Judge  
of  the  Federal  Shariat  Court,  the  following  shall  be 
substituted, namely:- 
“CHIEF JUSTICE OR JUDGE OF
THE FEDERAL SHARIAT COURT
[Article 203C (7)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ______________________, do solemnly swear that I will bear  
true faith and allegiance to Pakistan: 
That, as Chief Justice of the Federal Shariat Court (or a Judge of  
the Federal Shariat Court), I will discharge my duties, and perform my  
functions,  honestly,  to  the  best  of  my  ability,  and  faithfully,  in 
accordance with the Constitution of the Islamic Republic of Pakistan  
and the law: 
That I will not allow my personal interest to influence my official  
conduct or my official decisions. 
That I will abide by the code of conduct issued be the Supreme  
Judicial Council: 
That I will preserve, protect and defend the Constitution of the  
Islamic Republic of Pakistan: 
And  that,  in  all  circumstances,  I  will  do  right  to  all  manner  of 
people, according to law, without fear or favour, affection or ill-will. 
May Allah Almighty help and guide me (A’meen).”
302 | Constitution: (Amendment) Order, 2007
101. Amendment of Fourth Schedule to the Constitution .− In 
the Constitution, in the Fourth Schedule, in the Federal Legislative  
List,− 
(1) in Part I,− 
(i) in entry 18, in sub-entry (c) for the full stop at the end  
the semi-colon and a word “ ; and” shall be substituted  
and  after  sub-entry  (c),  amended  as  aforesaid,  the 
following new sub-entry shall be added, namely:− 
“(d) boilers.”.
(ii) for entry 32 the following shall be substituted, namely:− 
“32. International treaties, conventions and agreements  
and International arbitration.”.
(iii) entries 21, 33, 38 and 40 shall be omitted;
(iv) entry 45 and entry 46 shall be omitted;
(v) in entry 49, after the word “consumed” the comma and  
words “, except sales tax on services” shall be added. 
(vi) in entry 50, after the word “taxes” the words “on capital 
gains” shall be omitted. 
(2) in Part II,− 
(i) entries 4, 5, 6, 7, and 8 shall be renumbered as entries  
14, 15, 16, 17 and 18, respectively, and
(ii) after  entry  3,  the  following  new  entries  shall  be 
inserted, namely:− 
“4. Electricity.
 5. Major  ports,  that  is  to  say,  the  declaration  and 
delimitation of such ports, and the constitution and  
powers of port authorities therein. 
 6. All  regulatory  authorities  established  under  a 
Federal law.
 7. National  planning  and  national  economic  
coordination including planning and coordination of  
scientific and technological research.
 8. Supervision and management of public debt.
 9. Census.
10. Extension  of  the  powers  and  jurisdiction  of  
members  of  a  police  force  belonging  to  any 
Constitution: (Amendment) Order, 2007 | 303
Province to any area in another Province, but not so 
as to enable the police of one Province to exercise  
powers and jurisdiction in another Province without  
the consent of the Government of that Province;  
extension  of  the  powers  and  jurisdiction  of  
members  of  a  police  force  belonging  to  any 
Province to railway areas outside that Province. 
11. Legal, medical and other professions.
12. Standards in institutions for higher education and  
research, scientific and technical institutions.
13. Inter-provincial matters and co-ordination.”.
(3) The  Concurrent  Legislative  List  and  the  entries  thereto 
from 1 to 47 (both inclusive) shall be omitted.
102. Omission of the Sixth and the Seventh Schedule in the  
Constitution.− In  the  Constitution,  the  Sixth  Schedule  and  the 
Seventh Schedule shall be omitted. 
304 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Nineteenth Amendment) Act, 2010
(I of 2011)
[4 January 2011]
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;  
It is hereby enacted as follows:− 
1. Short title and commencement .− (1) This Act may be called  
the Constitution (Nineteenth Amendment) Act, 2010.
(2) It shall come into force at once.
2. Amendment  of  Article  81  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter referred to  
as the Constitution, in Article 81,− 
(i) in  paragraph  (a),  in  sub-paragraph  (i),  after  the  word 
"Court" occurring at the end, the words " and the Islamabad 
High Court" shall be added; and 
(ii) for  paragraph  (b),  the  following  shall  be  substituted, 
namely:− 
“(b)  the  administrative  expenses,  including  the  
remuneration  payable  to  officers  and  servants,  of  the 
Supreme Court, the Islamabad High Court, the department  
of  the  Auditor-General,  the  Office  of  the  Chief  Election 
Commissioner  and  of  the  Election  Commission  and  the 
Secretariats of the Senate and the National Assembly;" .
3. Amendment  of  Article  175  of  the  Constitution .− In  the 
Constitution,  in  Article  175,  in  clause  (1),  for  the  Explanation  the 
following shall be substituted, namely:− 
“Explanation.-  Unless  the  context  otherwise  requires,  the 
words “High Court” wherever occurring in the Constitution shall  
include “Islamabad High Court.” 
1This Act received the assent of the President on 1 January 2011; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 4 January 2011, pp.1-4.
Constitution: (Amendment) Order, 2007 | 305
4. Amendment of Article 175A of the Constitution .− In the  
Constitution, in Article 175A,− 
(a) in clause (2),− 
(i) in paragraph (ii), for the word " two" the word "four " 
shall be substituted; and 
(ii) in paragraph (iii), for the word "two" occurring for  
the first time, the word "four" shall be substituted;
(b) in clause (5),− 
(i) for paragraph (iv), the following shall be substituted,  
namely:− 
"(iv) an advocate having  not less than fifteen  
years practice in the High Court to be nominated by  
the concerned Bar Council for a term of two years:"; 
and 
(ii) for the provisos the following shall be substituted,  
namely:− 
“Provided  that  for  appointment  of  the  Chief 
Justice  of  a  High  Court  the  most  Senior  Judge 
mentioned in paragraph (ii) shall not be member of  
the Commission: 
Provided further that if for any reason the  
Chief Justice of a High Court is not available, he 
shall be substituted by a former Chief Justice or  
former Judge of that Court, to be nominated by  
the Chief Justice of Pakistan in consultation with 
the  four  member  Judges  of  the  Commission 
mentioned in paragraph (ii) of clause (2)."; 
(c) in clause (6), in the first proviso, after the word "the"  
occurring for the first time, the words " Chief Justice and 
the" shall be inserted; 
(d) in clause (9), for the full-stop at the end a colon shall be 
substituted and thereafter the following proviso shall be  
inserted, namely:− 
“Provided  that  when  the  National  Assembly  is 
dissolved, the total membership of the Parliamentary  
Committee  shall  consist  of  the  members  from  the 
Senate  only  mentioned  in  paragraph  (i)  and  the 
provisions of this Article shall, mutatis mutandis apply."; 
(e) in clause (12),− 
306 | Constitution: (Amendment) Order, 2007
(i)  for  the  proviso  the  following  shall  be  substituted, 
namely:− 
“Provided that the Committee, for reasons to be  
recorded, may not confirm the nomination by three-
fourth  majority  of its  total  membership  within  the 
said period:"; and 
(ii) after  the  proviso  substituted  as  aforesaid,  the 
following new provisos shall be inserted, namely:− 
“Provided  further  that  if  a  nomination  is  not 
confirmed  by  the  Committee  it  shall  forward  its 
decision  with  reasons  so  recorded  to  the  
Commission through the Prime Minister: 
Provided further that if a nomination is not  
confirmed, the Commission shall send another  
nomination."; 
(f) for  clause  (13),  the  following  shall  be  substituted, 
namely:− 
"(13) The Committee shall send the name of the  
nominee  confirmed  by  it  or  deemed  to  have  been 
confirmed to the Prime Minister who shall forward the  
same to the President for appointment.";
(g) clause (15) shall be renumbered as clause (17) and  
after the existing clause (14), the following new clauses  
shall be inserted, namely:− 
"(15) The meetings of the Committee shall be held  
in camera and the record of its proceedings shall be  
maintained.
(16) The provisions of Article 68 shall not apply to  
the proceedings of the Committee."
5. Amendment  of  Article  182  of  the  Constitution .− In  the 
Constitution, in Article 182, after the word "Pakistan" the commas,  
words, figure and letter ", in consultation with the Judicial Commission  
as provided in clause (2) of Article 175A," shall be inserted. 
6. Amendment  of  Article  213  of  the  Constitution .− In  the 
Constitution, in Article 213, in clause (2B),− 
(i) for  the  second  proviso,  the  following  shall  be  
substituted, namely:− 
Constitution: (Amendment) Order, 2007 | 307
“Provided  further  that  the  total  strength  of  the 
Parliamentary Committee shall be twelve members out  
of which one-third shall be from the Senate."; and 
(ii) in  the  third  proviso,  for  the  words  "Parliamentary 
Committee shall comprise" the words "total membership 
of the Parliamentary Committee shall consist of " shall  
be substituted. 
7. Amendment  of  Article  246  of  the  Constitution .− In  the 
Constitution, in Article 246,− 
(i) in paragraph (a), sub-paragraphs (iii) and (iv) shall be  
omitted; and 
(ii) in paragraph (c),− 
(a) after  sub-paragraph  (iii)  the  following  new  sub-
paragraph shall be inserted, namely:− 
"(iiia) Tribal Areas adjoining Lakki Marwat district;"  
and 
(b) after  sub-paragraph  (iv)  the  following  new  sub-
paragraph shall be inserted, namely:− 
“(iva) Tribal Areas adjoining Tank District;". 
308 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Twentieth Amendment) Act, 2012
(V of 2012)
[29 February 2012]
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;
It is hereby enacted as follows:− 
1. Short title and commencement .− (1) This Act may be called  
the Constitution (Twentieth Amendment) Act, 2012.
(2) It shall come into force at once.
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, in clause (5), in paragraph (b), after  
the  word  "Cabinet",  the  words,  commas,  figures  and  letter  "in 
accordance with the provisions of Article 224 or, as the case may be,  
Article 224A", shall be added.
3. Amendment  of  Article  214  of  the  Constitution .− In  the 
Constitution, in Article 214,− 
(a) in the marginal note, the word  “Commissioner’s”,  shall be 
omitted; and 
(b) after the word “Pakistan”, the commas and words “, and a  
member of the Election Commission shall make before the  
Commissioner,”, shall be inserted. 
4. Amendment  of  Article  215  of  the  Constitution .− In  the 
Constitution, in Article 215,− 
(a) in the marginal note, after the word "Commissioner", the  
words "and members", shall be added; 
(b) in clause (1),− 
(i) after  the  word  "Commissioner",  the  words  "and  a 
member", shall be inserted; and 
1This Act received the assent of the President on 28 February 2012; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 29 February 2012, pp.93-97.
Constitution: (Amendment) Order, 2007 | 309
(ii) in  the proviso, after the word  “incumbent”, the word  
“Commissioner”, shall be added; 
(c) in clause (2),− 
(i) after the word “Commissioner”, occurring for the first  
time, the words “or a member”, shall be inserted; and 
(ii) after the word “Commissioner”, at the end, the words  
and commas “or, as the case may be, a member”,  shall 
be added; and 
(d) in clause (3), after the word “Commissioner”, the words “or 
a member”, shall be inserted. 
5. Amendment  of  Article  216  of  the  Constitution .− In  the 
Constitution, in Article 216,− 
(a) in the marginal note, after the word "Commissioner", the  
words "and members", shall be inserted; 
(b) in clause (1), after the word “Commissioner”, the words “or 
a member”, shall be inserted; and 
(c) in clause (2), after the word “Commissioner”, occurring for  
the first time, the words “or a member”, shall be inserted. 
6. Amendment  of  Article  218  of  the  Constitution .− In  the 
Constitution, in Article 218, in clause (3), the words  "constituted in  
relation to an election", shall be omitted. 
7. Amendment  of  Article  219  of  the  Constitution .− In  the 
Constitution, in Article 219, in paragraph (e), for the full stop, at the  
end, a colon shall be substituted and thereafter the following proviso  
shall be inserted, namely:− 
“Provided  that  till  such  time  as  the  members  of  the 
Commission  are  first  appointed  in  accordance  with  the 
provisions  of  paragraph  (b)  of  clause  (2)  of  Article  218 
pursuant  to  the  Constitution  (Eighteenth  Amendment)  Act, 
2010,  and  enter  upon  their  office,  the  Commissioner  shall 
remain charged with the duties enumerated in paragraphs (a),  
(b) and (c) of this Article.”. 
8. Amendment  of  Article  224  of  the  Constitution .− In  the 
Constitution, in Article 224,− 
(a) in clause (1A),− 
(i) in the first proviso, for the word "selected", the word 
"appointed", shall be substituted; 
310 | Constitution: (Amendment) Order, 2007
(ii) after  the  proviso,  as  amended  hereinabove,  the 
following new proviso shall be inserted, namely:− 
“Provided further that if the Prime Minister or a  
Chief  Minister and their respective Leader of the  
Opposition  do  not  agree  on  any  person  to  be 
appointed  as  a  care-taker  Prime  Minister  or  the 
care-taker Chief Minister, as the case may be, the  
provisions of Article 224A shall be followed:” ; and 
(iii) in the second proviso, for the word  “further”, the  
word “also”, shall be substituted; and 
(b) in clause (6), for the full stop, at the end, a colon shall  
be substituted and thereafter the following proviso shall  
be added, namely:− 
“Provided  that  if  at  any  time  the  party  list  is 
exhausted, the concerned political party may submit a  
name for any vacancy which may occur thereafter.”. 
9. Insertion of new Article 224A of the Constitution .− In the 
Constitution, after Article 224, amended as aforesaid, the following  
new Article, shall be inserted, namely:− 
“224A. Resolution by Committee or Election Commission .− (1) 
In case the Prime Minister and the Leader of the Opposition in the  
outgoing National Assembly do not agree on any person to be  
appointed as the care-taker Prime Minister, within three days of  
the dissolution of the National Assembly, they shall forward two  
nominees each to a Committee to be immediately constituted by  
the Speaker of the National Assembly, comprising eight members  
of the outgoing National Assembly, or the Senate, or both, having  
equal representation from the Treasury and the Opposition, to be  
nominated by the Prime Minister and the Leader of the Opposition  
respectively.
(2) In case a Chief Minister and the Leader of the Opposition  
in the outgoing Provincial Assembly do not agree on any person to  
be appointed as the care-taker Chief Minister, within three days of  
the dissolution of that Assembly, they shall forward two nominees  
each to a Committee to be immediately constituted by the Speaker 
of  the  Provincial  Assembly,  comprising  six  members  of  the 
outgoing  Provincial  Assembly  having  equal  representation  from 
the Treasury and the Opposition, to be nominated by the Chief  
Minister and the Leader of the Opposition respectively.
(3) The Committee constituted under clause (1) or (2) shall  
finalize the name of the care-taker Prime Minister or care-taker  
Constitution: (Amendment) Order, 2007 | 311
Chief  Minister,  as  the  case  may  be,  within  three  days  of  the 
referral of the matter to it: 
Provided that in case of inability of the Committee to decide  
the matter in the aforesaid period, the names of the nominees  
shall be referred to the Election Commission of Pakistan for final  
decision within two days. 
(4) The  incumbent  Prime  Minister and  the  incumbent  Chief 
Minister shall continue to hold office till appointment of the care-
taker Prime Minister and the care-taker Chief Minister, as the case  
may be.
(5) Notwithstanding anything contained in clauses (1) and (2),  
if the members of the Opposition are less than five in the Majlis-e-
Shoora  (Parliament)  and  less  than  four  in  any  Provincial 
Assembly, then all of them shall be members of the Committee  
mentioned in the aforesaid clauses and the Committee shall be  
deemed to be duly constituted.”.
10.Amendment  of  the  Second  Schedule  to  the  
Constitution.− In the Constitution, in the Second Schedule,− 
(a) in paragraph 1,− 
(i) for the words  “Chief Election  Commissioner”, the 
words “Election Commission of Pakistan”,  shall be  
substituted; and 
(ii) after the word “and”, occurring for the second time,  
the words  “Chief Election Commissioner”,  shall be  
inserted; and 
(b) in paragraphs 2 and 22, for the words  “Chief Election 
Commissioner”,  the  words  “Election  Commission  of 
Pakistan”, shall be substituted. 
11.Amendment of the Third Schedule to the Constitution.− In 
the Constitution, in the Third Schedule, in the Oath prescribed for the  
Chief Election Commissioner,− 
(a) in  the  title,  after  the  word  “COMMISSIONER”,  the 
words  “OR  A  MEMBER  OF  THE  ELECTION  
COMMISSION OF PAKISTAN”, shall be added; and 
(b) after the word “Commissioner”, the words and commas  
“or,  as  the  case  may  be,  member  of  the  Election 
Commission of Pakistan”, shall be inserted.
312 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Twenty-First Amendment) Act, 2015
(I of 2015)
[8 January 2015]
An
Act
further to amend the Constitution of the Islamic Republic of Pakistan;
WHEREAS extraordinary  situation  and  circumstances  exist  which 
demand special measures for speedy trial of certain offences relating  
to  terrorism,  waging  of  war  or  insurrection  against  Pakistan  and 
prevention of acts threatening the security of Pakistan by any terrorist  
or terrorist group, armed group, wing and militia  or their members  
using the name of religion or a sect; 
AND WHEREAS there exists grave and unprecedented threat to  
the integrity of Pakistan and objectives set out in the Preamble to the  
Constitution  by  the  framers  of  the  Constitution,  from  the  terrorist 
groups by raising of arms and insurgency using the name of religion or 
a sect or from the foreign and locally funded anti-state elements; 
AND WHEREAS  it is expedient that the said terrorists groups  
including any such terrorists fighting while using the name of religion  
or a sect, captured or to be captured in combat with the Armed Forces  
or  otherwise  are  tried  by  the  courts  established  under  the  Acts 
mentioned hereinafter in section 2; 
AND WHEREAS  the people of Pakistan have expressed their  
firm resolve through their chosen representatives in the all  parties  
conferences held in aftermath of the sad and terrible terrorist attack on 
the  Army  Public  School  at  Peshawar  on  16  December  2014  to 
permanently  wipe  out  and  eradicate  terrorists  from  Pakistan,  it  is 
expedient  to  provide  constitutional  protection  to  the  necessary 
measures taken hereunder in the interest of security and integrity of  
Pakistan; 
It is hereby enacted as follows:− 
1. Short title and commencement .− (1) This Act may be called  
the Constitution (Twenty-first Amendment) Act, 2015.
(2) It shall come into force at once.
1This Act received the assent of the President on 7 January 2015; and, was published in the  
Gazette of Pakistan (Extraordinary), Part I, dated: 8 January 2015, pp.1-3.
Constitution: (Amendment) Order, 2007 | 313
(3) The provisions of this Act shall remain in force for a period of  
two years from the date of its commencement and shall cease to form  
part of the Constitution and shall stand repealed on the expiration of  
the said period. 
2. Amendment  of  Article  175  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter called the  
Constitution, in Article 175, in clause (3), for the full stop at the end a  
colon shall be substituted and thereafter, the following proviso shall be  
inserted, namely:− 
“Provided  that  the  provisions  of  this  Article  shall  have  no 
application to the trial of persons under any of the Acts mentioned  
at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First  
Schedule, who claims, or is known, to belong to any terrorist group 
or organization using the name of religion or a sect. 
Explanation: In this proviso, the expression ‘sect’ means a sect  
of religion  and does not include  any religious  or political  party 
regulated under the Political Parties Order, 2002." 
3. Amendment in the First Schedule of the Constitution .− In 
the Constitution, in the First Schedule, in sub-part III of Part I, after  
serial No. 5, the following new entries shall be added, namely:− 
“6. The Pakistan Army Act, 1952 (XXXIX of 1952).
 7. The Pakistan Air Force Act, 1953  (VI of 1953).
 8. The Pakistan Navy Ordinance, 1961  (XXXV of 1961).
 9. The Protection of Pakistan Act, 2014 (X  of  2014).”.
314 | Constitution: (Amendment) Order, 2007
1The Constitution
(Twenty-second Amendment) Act, 2016
(XXV of 2016)
[10 June 2016]
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 (Twenty-second Amendment) Act, 2016.
(2) It shall come into force at once.
2. Amendment  of  Article  81  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter referred to  
as  the  Constitution,  in  Article  81,  in  paragraph  (b),  for  the  word 
“servants”, the word “staff”, shall be substituted.  
3. Amendment  of  heading  of  CHAPTER  1,  PART  VIII  of  the  
Constitution.− In the Constitution, in PART VIII, in CHAPTER 1, in the 
heading,  for  the  word  “COMMISSIONS”  the  word  “COMMISSION” 
shall be substituted. 
4. Amendment  of  Article  213  of  the  Constitution .− In  the 
Constitution, in Article 213,−
(i) for clause (2), the following shall be substituted namely:−
“(2)  No  person  shall  be  appointed  Commissioner 
unless he has been a judge of the Supreme Court or  
has been a senior civil servant or is a technocrat and is  
not more than sixty-eight years of age.
Explanation  1.− “senior  civil  servant”  means  a  civil 
servant who has served for at least twenty years under  
Federal or a Provincial Government and has retired in  
BPS-22 or above.
Explanation 2. − “technocrat” means a person who is  
the holder of a degree requiring conclusion of at least  
sixteen years of education, recognized by the Higher  
Education Commission and has at least twenty years of 
1This Act received assent of the President on 8 June 2016; and was published in the Gazette of  
Pakistan (Extraordinary), Part I, dated: 10 June 2016, pp. 389-392.  
Constitution: (Amendment) Order, 2007 | 315
experience including a record of achievements at the  
national or international level.”;
(ii) in clause (2A), for the full stop at the end, the colon shall be 
substituted  and  thereafter the following  proviso  shall  be 
inserted, namely:−
“Provided that in case there is no consensus between  
the Prime Minister and the Leader of the Opposition,  
each shall forward separate lists to the Parliamentary  
Committee  for  consideration  which  may  confirm  any 
one name.”;
(iii) in clause (2B).−
(a) the first proviso shall be omitted;
(b) in the second proviso, the word “further”, shall be  
omitted; and 
(c) in the third proviso, for the word “also”, the word,  
“further” shall be substituted; and 
(iv) in clause (3), after the word “Commissioner” the words “or  
a member” shall be inserted.
5. Amendment  of  Article  215  of  the  Constitution. − In  the 
Constitution, in Article 215,−
(i) in clause (1), for the proviso, the following provisos shall be 
substituted, namely:−
“Provided that two of the members shall retire after  
the expiration of first two and a half years and two shall  
retire after the expiration of the next two and a half  
years:
Provided further that the Commission shall for the  
first term of office of members draw a lot as to which  
two members shall retire after the first two and a half  
years:
Provided also that the term of office of a member  
appointed  to  fill  a  causal  vacancy  shall  be  the  un-
expired term of office of the member whose vacancy he 
has filled.”; and
(ii) after clause (3), the following new clause shall be inserted,  
namely:−
“(4) Vacancy in the office of the Commissioner or a  
member shall be filled within forty-five days.”.
6. Amendment  of  Article  216  of  the  Constitution .− In  the 
Constitution, in Article 216, in clause (2), for the colon a full-stop shall  
be substituted and the proviso shall be omitted.
316 | Constitution: (Amendment) Order, 2007
7. Amendment  of  Article  217  of  the  Constitution. − In  the 
Constitution, in Article 217, for the word “a Judge of the Supreme  
Court nominated by the Chief Justice of Pakistan”, the words “the  
most senior member in age of the members of Commission” shall be  
substituted.
8. Amendment  of  Article  218  of  the  Constitution. − In  the 
Constitution,  in  Article  218,  in  clause  (2),  for  paragraph  (b),  the 
following shall be substituted, namely:− 
“(b) four members, one from each Province, each of whom  
shall  be a person who has been a judge of a High  
Court  or  has  been  a  senior  civil  servant  or  is  a 
technocrat and is not more than sixty-five years of age,  
to  be  appointed  by  the  President  in  the  manner 
provided  for  appointment  of  the  Commissioner  in 
clause (2A) and (2B) of Article 213.
Explanation.− “senior civil servant” and “technocrat” 
shall have the same meaning as given in clause (2) of  
Article 213.”.
9. Amendment  of  Article  219  of  the  Constitution .− In  the 
Constitution, in Article 219,− 
(i) in the marginal heading, for the word “Commissioner”, the  
word “Commission” shall be substituted; and    
(ii) for  paragraph  “(a)”  the  following  shall  be  substituted, 
namely:−
“(a) preparing  electoral  rolls  for election  to the National 
Assembly,  Provincial  Assemblies  and  local  
governments,  and  revising  such  rolls  periodically  to 
keep them up-to-date;”.
10.Amendment  of  Article  221  of  the  Constitution. − In  the 
Constitution, in Article 221,−
(i) in the marginal heading, for the word “servants”, the word  
“staff” shall be substituted; and
(ii) for  the  words  “Election  Commission”,  occurring  for  the 
second time, the word “Commissioner” and for the word  
“servants”, the word “staff” shall be substituted.
11.Amendment  of  Article  222  of  the  Constitution .− In  the 
Constitution, in Article 222,−
(i) in paragraph (b), after the word “Commission”, occurring at  
the end, the word “including delimitation of constituencies  
of local governments” shall be added;
(ii) in paragraph (f),−
Constitution: (Amendment) Order, 2007 | 317
(a) after the word “Houses”, a comma shall be inserted  
and  the  word  “and”  occurring  thereafter  shall  be 
omitted;
(b) after the word “Assemblies”, occurring at the end,  
the words “and local governments” shall be added;  
and 
(iii) for the word “an”, appearing  before the words  “Election  
Commission” occurring for the second time, the word “the”  
shall be substituted.  
 
The Constitution 
(Ninth Amendment) Bill, 1985
The Constitution 
(Eleventh Amendment) Bill, 1989
The Constitution 
(Fifteenth Amendment) Bill, 1998
The above Bills were not enacted as Acts of Parliament
318 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Amendment) Order, 1979
(President's Order No. 3 of 1979)
[7 February 1979]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order  
No. 1 of 1977), and in exercise of all powers enabling him in that  
behalf, the President and C.M.L.A. 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 VII, 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  
Qur'an  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 from the  
commencement of this Chapter, any fiscal law, or any law relating  
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 7 February 1979, pp.29-32: it 
came into force on 10 February 1979, Article 1(2). 
Constitution: (Amendment) Order, 2007 | 319
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 Injunction of Islam,−
(a) the President in 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 jurisconsults  
maintained by the High Court for the purpose.
(6) For being eligible  to have his name borne on the panel  of  
jurisconsults referred to in clause (5), a person shall be an aalim who, 
in the opinion of the 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 render 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. 
320 | Constitution: (Amendment) Order, 2007
(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  in  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 provisions 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 jurisconsults 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 
Constitution: (Amendment) Order, 2007 | 321
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, 
jurisconsults,  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.
322 | Constitution: (Amendment) Order, 2007
1The Constitution
(Second Amendment) Order, 1979
(President's Order No. 21 of 1979)
[18 October 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  212-A  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 Tribunals .− (1) 
Notwithstanding  anything  hereinbefore  contained,  the  Chief 
Martial  Law  Administrator  may,  by  a  Martial  Law  Order, 
provide for the establishment of one or more Military Courts or  
Tribunals for the trial of offences punishable under the Martial  
Law  Regulations  or  Martial  Law  Orders  or  any  other  law, 
including a special law, for the time being in force specified in  
the said Martial Law Order and for the transfer of cases to  
such Courts or Tribunals.
(2) The jurisdiction and powers of a Military Court or Tribunal  
shall  be such as  may be specified  in  a Martial  Law  Order 
issued by the Chief Martial Law Administrator.
(3) Notwithstanding  anything  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 
1Issued  by  the  President  on  16  October  1979;  published  in  the  Gazette  of  Pakistan 
(Extraordinary), Part-I, dated 18 October 1979, pp.517-518, and came into force on 5 July 1977.  
Article 1(2). 
Constitution: (Amendment) Order, 2007 | 323
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.".
1The Constitution 
1Issued  by  the  President  on  26  May  1980  and,  Published  in  the  Gazette  of  Pakistan 
(Extraordinary), Part-I, dated 27 May 1980, pp.59-64. 
324 | Constitution: (Amendment) Order, 2007
(Amendment) Order, 1980 
(President's Order No. 1 of 1980)
[26 May 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 (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 clauses  
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 Law Order made by the Chief  
Martial Law Administrator or a Martial Law Administrator or  
of anything 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 
proceedings  in  respect  of  any  matter  to  which  the 
jurisdiction of a Military Court or Tribunal extends and of  
which cognizance has been taken by a Military Court or  
Tribunal; or 
(d) issue  any  process  against  the  Chief  Martial  Law  
Administrator or a Martial Law Administrator or any person  
acting under the authority of either. 
(3B) Every such order, injunction or process as is referred to in  
clause (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  
and of no effect whatsoever and any proceedings for the making,  
granting or issue of such order, injunction or process which may  
Constitution: (Amendment) Order, 2007 | 325
be pending before any court, including in the Supreme Court and a 
High Court, shall abate. 
(3C) The  proclamation  of  the  fifth  day  of  July  ,1977,  all 
President’s Orders, Orders of the Chief Martial Law Administrator,  
Martial Law Regulations and Martial Law Orders made on or after  
the fifth day of July, 1977, are hereby declared, notwithstanding  
any judgment of any court, to have been validly made.". 
3. Substitution  of  Chapter  3A  in  Part  VII  of  the  
Constitution.− In the Constitution, in Part VII, for Chapter 3A the  
following shall be substituted, namely:− 
“CHAPTER 3A
FEDERAL SHARIAT COURT
203A Provisions of Chapter to override other provisions of  
Constitution.− The  provisions  of  this  Chapter  shall  have  effect 
notwithstanding anything contained in the Constitution. 
203B Definitions.− In  this  Chapter,  unless  there  is  anything 
repugnant in the subject or context,−
(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  
but does [not] 1 include the Constitution, Muslim personal  
law,  any  law  relating  to  the  procedure  of  any  court  or 
tribunal  or,  until  the  expiration  of  three  years  from 
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 
(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 be 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. 
1The word “not” has not been printed in the Gazette ibid but has been added in the context of the 
provision for the facilitation of the reader. 
326 | Constitution: (Amendment) Order, 2007
(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 the 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 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 spiffy 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,− 
Constitution: (Amendment) Order, 2007 | 327
(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  
step 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 performance of its functions, the Court shall have the  
powers of a Civil Court trying a suit under the Code of Civil Procedure  
1908 (Act V of 1908), in respect of the following matters, namely:− 
(a) summoning and enforcing the attendance of any person  
and examining him on oath; 
(b) requiring the discovery and production of any document; 
(c) receiving evidence on affidavits; and 
(d) issuing commissions for the examination of witnesses or  
documents. 
(2) The Court shall have power to conduct its proceedings and  
regulate its procedure in all respects as it deems fit. 
(3) The Court shall have the power of a High Court to punish its  
own contempt. 
(4) A party to any proceedings before the Court under clause (1)  
of Article 203D may be represented by a legal practitioner who is a  
Muslim and has been enrolled as an advocate of a High Court for a  
period of not less than five years or as an advocate of the Supreme  
Court or by a jurisconsult selected by the party from out of a panel of  
jurisconsults maintained by the Court for the purpose. 
(5) For being eligible  to have his name borne on the panel  of  
jurisconsults referred to in clause (4), a person shall be an aalim who, 
in the opinion of the Court, is well-versed in Shariat. 
(6) A legal practitioner or jurisconsult representing a party before  
the Court shall not plead for the party but shall state, expound and  
interpret the Injunctions of Islam relevant to the proceedings so for as  
may be known to him and submit to the Court a written statement of  
his interpretation of such Injunctions of Islam. 
328 | Constitution: (Amendment) Order, 2007
(7) The Court may invite any person in Pakistan or abroad whom  
the Court considers to be well-versed in Islamic law to appear before it 
and render such assistance as may be required of him. 
(8) No court fee shall  be payable  in respect of any petition  or  
application made to the Court under this Article. 
203F. Appeal  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. 
(3) For the purpose of the exercise of the jurisdiction conferred by  
this Article, there shall be constituted in the Supreme Court a Bench  
consisting of three Muslim Judges of the Supreme Court, to be called  
the Shariat Appellate Bench, and reference in the preceding clauses  
to "Supreme Court" shall be construed as a reference to the Shariat  
Appellate Bench. 
203G. Bar of jurisdiction .− Save as provided in Article 203F, no  
court or tribunal, including the Supreme Court and a High Court, shall  
entertain  any  proceedings  or  exercise  any  power  or jurisdiction  in 
respect of any matter within the power or jurisdiction of the Court. 
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  the  Court  for  a  decision  as  to  whether  or  not  a  law  or 
provision of law relevant to the decision of the point in issue in such  
proceedings  is repugnant to the Injunctions of Islam; and all such  
proceedings shall continue, and the point in issue therein shall be  
decided, in accordance with the law for the time being in force. 
(2) All  proceedings  under  clause  (1)  of  Article  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 are so transferred. 
(3) Neither the Court nor the Supreme Court shall in the exercise  
of its jurisdiction under this Chapter have power to grant an injunction  
or make any interim order in relation to any proceedings pending in  
any other court or tribunal. 
Constitution: (Amendment) Order, 2007 | 329
203I. Administrative  arrangement,  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 
jurisconsults,  experts  and  witnesses  summoned  by  the 
Court to defray the expenses, if any, incurred by them in  
attending for the purposes of the proceedings before the  
Court; and 
(b) the form of oath to be made by 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 my duties,  
and  perform  my functions,  honestly, to  the best  of my ability  and 
faithfully in accordance with law;
And that I will not allow my personal interest to influence my official  
conduct or my official decisions.".
1The Constitution 
(Second Amendment) Order, 1980
(President's Order No. 4 of 1980)
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 21 June 1980, pp. 107-108. 
330 | Constitution: (Amendment) Order, 2007
[21 June 1980]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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 is 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 t he 
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 
Constitution: (Amendment) Order, 2007 | 331
(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 
(e) the decision of cases in which the members constituting a  
Bench are equally divided in their opinion.”. 
1The Constitution 
(Third Amendment) Order, 1980
(President's Order No. 14 of 1980)
[17 September 1980]
1Issued by the President on 17 September 1980 and, Published in the Gazette of Pakistan  
(Extraordinary), Part-I, dated: 18 September 1980, p.463. 
332 | Constitution: (Amendment) Order, 2007
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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.”. 
1The Constitution 
(Fourth Amendment) Order, 1980
(President's Order No. 16 of 1980)
[30 November 1980]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order  
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 30 November 1980, p. 531. 
Constitution: (Amendment) Order, 2007 | 333
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.
 
334 | Constitution: (Amendment) Order, 2007
1The Constitution
(Amendment) Order, 1981
(President's Order No. 5 of 1981)
[13 April 1981]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, of 1977 (C.M.L.A. 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 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 on the aforesaid panel  
to attend the sittings of the Court as  Ulema  members and,  
while  so  sitting,  they  shall  have  the  same  power  and 
jurisdiction,  and  be  entitled  to  the  same  privileges,  as  a 
member and such allowances as may be determined by the  
President.”
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.”.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 13 April 1981, pp.73-74. 
Constitution: (Amendment) Order, 2007 | 335
1The Constitution
(Second Amendment) Order, 1981
(President's Order No. 7 of 1981)
[27 May 1981]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 27 May 1981, p. 107. 
336 | Constitution: (Amendment) Order, 2007
1The Constitution
(Third Amendment) Order, 1981
(President’s Order No.12 of 1981)
[12 October 1981]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 12 October 1981, p.507. 
Constitution: (Amendment) Order, 2007 | 337
1The Constitution
(Fourth Amendment) Order, 1981
(President's Order No. 13 of 1981)
[17 November 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. 
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  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. 
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 November 1981, p. 513. 
338 | Constitution: (Amendment) Order, 2007
1The Constitution
(Fifth Amendment) Order, 1981
(President’s Order No. 14 of 1981)
[25 November 1981]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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 (Fifth Amendment) Order, 1981.
(2) It shall come into force at once.
2. Amendment  of  Article  1,  P.O.  No.  13  of  1981 .− In  the 
Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981),  
in Article 1, in clause (2), after the word “once” at the end, the words,  
comma and figure “and shall be deemed to have taken effect on the  
first day of July, 1981” shall be added and shall be deemed always to  
have been so added.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 25 November 1981, p. 515. 
Constitution: (Amendment) Order, 2007 | 339
1The Constitution
(Amendment) Order, 1982
(President's Order No. 2 of 1982)
[28 February 1982]
In pursuance of the Proclamation of the fifth day of July, 1977, read  
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. 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.”. 
1Issued  by  the  President  on 27 February  1982  and,  Published  in the  Gazette  of  Pakistan 
(Extraordinary), Part-I, dated: 28 February 1982, p.3. 
340 | Constitution: (Amendment) Order, 2007
1The Constitution
(Second Amendment) Order, 1982
(President's Order No. 5 of 1982)
[25 March 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
(b) 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 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  203DD  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 
1Issued  by  the  President  on  22  March  1982  and,  Published  in  the  Gazette  of  Pakistan 
(Extraordinary), Part-I, dated: 25 March 1982, pp.19-21. 
Constitution: (Amendment) Order, 2007 | 341
decided  by  any  criminal  court  under  any  law  relating  to  the 
enforcement of Hudood for the purpose of satisfying itself as to the 
correctness, legality or propriety of any finding, sentence or order  
recorded or passed by, and as to the regularity of any proceedings  
of, such court and may, when calling for such record, direct that  
the execution of any sentence be suspended and, if the accused is 
in confinement, that he be released on bail or on his own bond  
pending the examination of the record.
(2) In any case the record of which has been called for by the  
Court, the Court may pass such order as it may deem fit and may  
enhance the sentence: 
Provided that  nothing  in  this  Article  shall  be  deemed  to 
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 judgment,  
final order or sentence of the Federal Shariat Court − 
(a) if the Federal Shariat Court has on appeal reversed an  
order of acquittal of an accused person and sentenced him  
to death or imprisonment for life or imprisonment for a term  
exceeding fourteen years; or, on revision, has enhanced a  
sentence as aforesaid; or 
(b) if the Federal Shariat Court has imposed any punishment  
on any person for contempt of the Court.
(2B) An appeal to the Supreme Court from a judgment, decision,  
order or sentence of the Federal Shariat Court in a case to which  
the preceding clauses do not apply shall lie only if the Supreme  
Court grants leave to appeal.”.
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.”.
342 | Constitution: (Amendment) Order, 2007
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.
Constitution: (Amendment) Order, 2007 | 343
1The Constitution
(Third Amendment) Order, 1982
(President's Order No. 12 of 1982)
[15 August 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 (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 ad hoc members thereof 
from amongst the Judges of the Federal Shariat Court or  
from  out  of  a  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) References 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.”.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 15 August 1982, pp.117-118. 
344 | Constitution: (Amendment) Order, 2007
1The Constitution
(Fourth Amendment) Order, 1982
(President's Order No. 13 of 1982)
[22 September 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.”.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 22 September 1982, p. 135. 
Constitution: (Amendment) Order, 2007 | 345
1The Constitution 
(Amendment) Order, 1983
(President's Order No. 4 of 1983)
[4 April 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 (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.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 4 April 1983, p. 75. 
346 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Second Amendment) Order, 1983
(President's Order No. 7 of 1983)
[19 May 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.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 19 May 1983, p. 87. 
Constitution: (Amendment) Order, 2007 | 347
1The Constitution 
(Third Amendment) Order, 1983
(President's Order No. 9 of 1983)
[28 July 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 (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 month of such decision.". 
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 28 July 1983, p.171. 
348 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Amendment) Order, 1984
(President's Order No. 1 of 1984)
[14 February 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 (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.”. 
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 14 February 1984, pp.27-28. 
Constitution: (Amendment) Order, 2007 | 349
2The Constitution 
(Second Amendment) Order, 1984
(President's Order No. 2 of 1984)
[26 April 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 203-B of the Constitution .− In the  
Constitution, in Article 203-B, for the word "four" the word "five"  shall 
be substituted.
2Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 26 April 1984, p.71. 
350 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Amendment) Order, 1985
(President's Order No. 6 of 1985)
[17 January 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, 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 paragraph  
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 per  
cent 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 per cent of  
the  pension  admissible  to  him  at  the 
minimum rate.
5. The pension shall be payable to the widow for  
life or, if she remarries, until her marriage.
6. If the widow dies, the pension shall be payable−
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 January 1985, pp.37-39. 
Constitution: (Amendment) Order, 2007 | 351
(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 per cent of  
the  pension  admissible  to  him  at  the 
minimum rate.
5. The pension shall be payable to the widow for  
life or, if she remarries, until her marriage.
6. If the widow dies, the pension shall be payable−
(a) to the sons of the Judge who are less than  
twenty-one  years  of  age,  until  they  attain 
that age; and
(b) to  the  unmarried  daughters  of  the  Judge 
who are less than twenty-one years of age,  
until  they  attain  that  age  or  are  married, 
whichever first occurs.”.
352 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Amendment) Order, 1985
(President's Order No. 11 of 1985)
[24 February 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 1, 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  
destination of such income.
(2) All  orders  made,  proceedings  taken  and  acts  done  by  any 
authority or person, which were made, taken or done, or purported to  
have been made, taken or done, before the commencement of the  
Constitution  (Amendment)  Order,  1985,  in  exercise of  the  powers 
derived from any law referred to in clause (1), or in execution of any  
orders made by any authority in the exercise or purported exercise of  
powers as aforesaid, shall, notwithstanding any judgment of any court  
or  tribunal,  including  the  Supreme  Court  and  a  High  Court,  be 
deemed to be and always to have been validly made, taken or done  
and  shall  not  be  called  in  question  in  any  court,  including  the 
Supreme Court and a High Court, on any ground whatsoever.
(3) Every judgment or order of any court or tribunal, including the  
Supreme  Court  and  a  High  Court,  which  is  repugnant  to  the 
provisions of clause (1) or clause (2) shall be, and shall be deemed  
always to have been, void and of no effect whatsoever.”.
1 Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 24 February 1985, pp.83-84. 
Constitution: (Amendment) Order, 2007 | 353
1The Revival of the Constitution of 1973 Order, 1985
(President's Order No. 14 of 1985)
[17 March 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  notification2 in  the  official  Gazette, 
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 March 1985, pp.185-227:  
it came into force on 2 March 1985. 
2Under Article 4 of the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985),  
published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, the  
Constitution, held in abeyance, had to revive 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. Exercising the said powers, the President revived the Constitution, except Articles 6,  
8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, Articles 199, 213 to 216 (both  
354 | Constitution: (Amendment) Order, 2007
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 make  
such provisions and pass such orders as he may deem fit.
THE SCHEDULE
(See Article 2)
inclusive) and 270-A, with effect from 10 March 1985, vide S.R.O No. 212(I)/85, dated: 10 March 
1985,  published  in  the  Gazette  of  Pakistan  (Extraordinary),  Part-II,  p.  279.  However,  the 
remaining Articles [Articles 6, 8 to 28, (both inclusive), clauses (2) and (2a) of Article 101,  
Articles 199, 213 to 216 (both inclusive) and 270-A], stood revived with effect from 30 December  
1985,  vide S.R.O  No.  1273(I)/85,  dated:  29  December  1985,  published  in  the  Gazette  of 
Pakistan (Extraordinary), Part-II, p. 3185.
Constitution: (Amendment) Order, 2007 | 355
Sr. 
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  
provisions.− The principles and provisions set out in the  
Objectives Resolution reproduced in the Annex are  
hereby made substantive part of the Constitution and
shall have effect accordingly.".
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 Muhammad 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 
the Federation and proposals for legislation; 
b) to  furnish  such  information  relating  to  the  
administration  of  the  affairs  of  the  Federation  and 
proposals for legislation as the President may call for;  
and 
c) If  the  President  so  requires,  to  submit  for  the 
consideration of the Cabinet any matter on which a  
decision has been taken by the Prime Minister or a  
Minister but which has not been considered by the  
Cabinet.".
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 
356 | Constitution: (Amendment) Order, 2007
 (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)
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. The Chief Election Commissioner shall by public notification fix the  
time  and  place  for  depositing  nomination  papers,  holding  a 
scrutiny,  making  withdrawals,  if  any,  and  holding  the  poll,  if 
necessary.
4. At  any  time  before  noon  on  the  day  fixed  for  nomination  any 
member  of  the  Majlis-e-Shoora  (Parliament)  or  of  a  Provincial 
Assembly  may  nominate  for  election  as  President  a  person 
qualified for election as President by delivering to the Presiding  
Officer a nomination paper, signed by himself as proposer and by  
another member of the Majlis-e-Shoora  (Parliament) or, as the  
case may be Assembly as seconder, together with a statement  
signed  by  the  person  nominated  that  he  consents  to  the 
nomination: 
Provided that no person shall subscribe, whether as proposer or  
as seconder, more than one nomination paper at any one election. 
5. The scrutiny shall be held by the Chief Election Commissioner at  
the time and place fixed by him, and if after scrutiny only one  
person  remains  validly  nominated,  the  Chief  Election  
Commissioner shall declare that person to be elected, or if more  
than one person remains validly nominated, he shall announce, by  
public notification, the names of the persons validly nominated, to  
be hereinafter called the candidates.
Constitution: (Amendment) Order, 2007 | 357
6. A candidate may withdraw his candidature at any time before noon 
on the day fixed for this purpose by delivering a notice in writing  
under his hand to the Presiding Officer with whom his nomination  
paper  has  been  deposited,  and  a  candidate  who  has  given  a 
notice of withdrawal of his candidature under this paragraph shall  
not be allowed to cancel that notice.
7. If all but one of the candidates have withdrawn, that one shall be  
declared by the Chief Election Commissioner to be elected.
8. If there is no withdrawal, or if, after withdrawals have taken place,  
two or more candidates are left, the Chief Election Commissioner  
shall announce by public notification the names of the candidates,  
and their proposers and seconders, and shall proceed to hold a  
poll  by  secret  ballot  in  accordance  with  the  provisions  of  the 
succeeding paragraphs.
9. If a candidate whose nomination has been found to be in order  
dies after the time 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  
the this Schedule given notice of withdrawal of his candidature  
before the countermanding of the poll shall be ineligible for  
being  nominated  as a candidate for the election  after such  
countermanding. 
10. The  poll  shall  be  taken  at  the  meetings  of  Majlis-e-Shoora 
(Parliament) and of each Provincial Assembly, and 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. 
358 | Constitution: (Amendment) Order, 2007
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, 
canceling the first ballot paper and marking the cancellation on the  
appropriate counterfoil. 
16. A ballot paper shall be invalid if − 
(i) there is upon it any name, word or mark, by which the person  
voting may be identified; or 
(ii) it does not contain the initials of the Presiding Officer; or
(iii) it does not contain a mark; or
(iv) a mark is placed against the names of two or more candidates; 
or
(v) there  is  any uncertainty  as  to the  identity  of the  candidate 
against whose name the mark is placed. 
17. After  the  close  of  the  poll  each  Presiding  Officer  shall,  in  the 
presence  of  such  of  the  candidates  or  their  authorized  
representatives as may desire to be present, open and empty the  
ballot boxes and examine the ballot papers therein, rejecting any  
which are invalid, count the number of votes recorded for each  
candidate on the valid ballot papers, and communicate the number 
of the votes so recorded to the Chief Election 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 
Constitution: (Amendment) Order, 2007 | 359
number of seats in the Provincial Assembly in which the  
votes have been cast; and 
(c) the number of votes calculated in the manner referred to in  
clause (b) shall be added to the number of votes counted  
under clause (a). 
Explanation.− In  this  paragraph,  "total  number  of  seats" 
includes seats reserved for non-Muslims and women. 
(2) A fraction shall be rounded off to the nearest whole. 
19. The  candidate  who  has  obtained  the  largest  number  of  votes 
compiled  in  the  manner  specified  in  paragraph  18  shall  be 
declared by the Chief Election Commissioner to be elected. 
20. Where at any poll any two or more candidates obtain an equal  
number of votes, the selection of the candidate to be elected shall  
be by drawing of lots. 
21. When,  after  any  poll,  the  counting  of  the  votes  has  been 
completed,  and  the  result  of  the  voting  determined,  the  Chief 
Election Commissioner shall forthwith announce the result to those 
present, and shall report the result to the Federal Government,  
who shall forthwith cause the result to be declared by a public  
notification. 
22. The Chief Election Commissioner may, by public notification, with  
the  approval  of  the  President,  make  rules  for  carrying  out  the 
purposes of this Schedule.”. 
360 | Constitution: (Amendment) Order, 2007
1THE CONSTITUTION 
(SECOND AMENDMENT) ORDER, 1985
(President's Order No. 20 of 1985)
[17 March 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 President for assent.
(3) If the Bill is passed with amendment by the votes of not less  
than two-thirds of the total membership of the House to which it is  
transmitted under clause (1), it shall be reconsidered by the House 
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 March 1985, pp.181-183. 
Constitution: (Amendment) Order, 2007 | 361
in which it had originated, and if the Bill as amended by the former  
House is passed by the latter by the votes of not less than two-
thirds of its total membership it shall, subject to the provisions of  
clause (4), be presented to the President for assent.
(4) A Bill to amend the Constitution which would have the effect of  
altering  the  limits  of  a  Province  shall  not  be  presented  to  the 
President for assent unless it has been passed by the Provincial  
Assembly of that Province by the votes of not less than two-thirds  
of its total membership.
(5) No amendment of the Constitution shall be called in question  
in any Court on any ground whatsoever. 
(6) For the removal of doubt, it is hereby declared that there is no  
limitation  whatever  on  the  power  of  the  Majlis-e-Shoora  
(Parliament) to amend any of the provisions of the Constitution.”.
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 without the previous sanction of the  
President.”.
362 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Third Amendment) Order, 1985
(President's Order No. 24 of 1985)
[19 March 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 (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 substituted. 
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 Court under clause (1) shall be  
deemed to have retired from his office and, on such  
retirement,  shall  be  entitled  to  receive  a  pension 
calculated on the basis of the length of his service as  
Judge  and  total  service,  if  any,  in  the  service  of 
Pakistan.".
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 or who  
is or has been a permanent Judge of a High Court.
1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 19 March 1985, pp.237-239. 
Constitution: (Amendment) Order, 2007 | 363
(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,  
Budhist  or  Parsi  community,  a  person  of  the  Quadiani 
group or the Lahori group (who call themselves ‘Ahmadis’  
or by any other name), or a Bahai, and a person belonging  
to any of the scheduled castes.” 
364 | Constitution: (Amendment) Order, 2007
1The Constitution 
(Amendment) Order, 2007
(President's Order No. 5 of 2007)
[20 November 2007]
AN 
ORDER
further to amend the Constitution
WHEREAS pursuant to the Proclamation of Emergency of 3rd Day of  
November,  2007,  the  Chief  of  Army  Staff  has  promulgated  the 
Provisional Constitution Order No.1 of 2007, by virtue of which the  
Constitution of the Islamic Republic of Pakistan has been placed in  
abeyance; 
AND WHEREAS  the said Provisional Constitution Order provides  
that the President may from time to time amend the Constitution, as is  
deemed expedient; 
AND WHEREAS  it is expedient to amend the Constitution for the  
purposes hereinafter appearing; 
NOW,  THEREFORE,  the  President  is  pleased  to  make  and 
promulgate the following Order:−
1. Short title and commencement.− (1) This Order may be called 
the Constitution (Amendment) Order, 2007.
(2) It shall come into force at once.
2. Amendment  of  Article  175  of  the  Constitution .− In  the 
Constitution of the Islamic Republic of Pakistan, hereinafter referred to  
as  the  Constitution,  in  Article  175,  in  clause  (1),  after  the  word 
"Province" the words  "and a High Court for the Islamabad Capital  
Territory" shall be inserted. 
 “Explanation.- The words "High Court" wherever occurring in the  
Constitution  shall  include  the  High  Court  for  Islamabad  Capital 
Territory". 
3. Amendment of Article 186A of the Constitution .− (1) In the 
Constitution, Article 186A shall be renumbered as clause (1) thereof  
and  in  clause  (1)  renumbered  as  aforesaid,  after  the  word  "High 
Court" occurring at the end the words "or withdraw any case, appeal  
1Published  in  the  Gazette  of  Pakistan  (Extraordinary),  Part-I,  dated:  20  November  2007, 
pp.1479-1482. 
Constitution: (Amendment) Order, 2007 | 365
or other proceedings pending before a High Court to it and dispose of  
the same" shall be added.
4. Amendment  of  Article  198  of  the  Constitution. − In  the 
Constitution, in Article 198, after clause (1), the following new clause  
shall be inserted, namely:−
"(1A) The High Court for Islamabad Capital Territory shall have its  
principal seat at Islamabad.".
5. Amendment  of  Article  218  of  the  Constitution :− In  the 
Constitution, in Article 218, in clause (2), in sub-clause (b), for the  
word "Four" the word "Five" shall be substituted and after the word  
"Province"  the  words  "and  Islamabad  Capital  Territory"  shall  be 
inserted.
6. Addition  of Article 270AAA to the Constitution .− In  the 
Constitution, after Article 270AA, the following new Article shall be  
added, namely:− 
"270AAA. Validation  and  affirmation  of  laws  etc.  (1)  The  
proclamation of Emergency of 3rd November, 2007, all President's  
Orders,  Ordinances,  Chief  of  Army  Staff  Orders,  including  the 
Provisional  Constitution  Order  No.1  2007,  the  Oath  of  Office 
(Judges) Order, 2007, the amendments made in the Constitution  
through the Constitution (Amendment) Order, 2007 and all other  
laws made between the 3rd day of November, 2007 and the date  
on  which  the  Proclamation  of  Emergency  of  the  3rd  Day  of 
November, 2007, is revoked (both days inclusive), are accordingly  
affirmed, adopted and declared to have been validly made by the  
competent authority and notwithstanding anything contained in the  
Constitution shall not be called in question in any court or forum on 
any ground whatsoever.
(2) All  orders  made,  proceedings  taken,  appointments  made, 
including secondments and deputations, and acts done by any  
authority, or by any person, which were made, taken or done, or  
purported to have been made, taken or done, on or after the 3rd  
day of November, 2007 in exercise of the powers derived from any 
Proclamation,  Provisional  Constitution  Order  No.  1  of  2007, 
President's  orders,  Ordinances,  enactments,  including  
amendments in the Constitution, notifications, rules, orders, bye-
laws, or in execution of or in compliance with any orders made or  
sentences passed by any authority in the exercise or purported  
exercise of powers as aforesaid, shall, notwithstanding anything  
contained in the Constitution or any judgment of any court, be  
deemed to be and always to have been validly made, taken or  
done and shall not be called in question in any court or forum on  
any ground whatsoever.
366 | Constitution: (Amendment) Order, 2007
(3) All  proclamations,  President's  orders,  Ordinances,  Chief  of 
Army  Staff  Orders,  laws,  regulations,  enactments,  including 
amendments in the Constitution, notifications, rules, orders or bye-
laws  in  force  immediately  before  the  date  on  which  the 
Proclamation of Emergency of the 3rd day of November, 2007 is  
revoked, shall continue in force until altered, repealed or amended  
by the competent authority. 
Explanation.- In this clause, "competent authority" means,− 
(a) in respect of President's orders, Ordinances, Chief of Army  
Staff Orders and enactments, including amendments in the  
Constitution, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the  
authority  in  which  the  power  to  make,  alter,  repeal  or 
amend the same vests under the law. 
(4) No prosecution or any other legal proceedings, including but  
not limited  to suits, constitutional  petitions  or complaints, shall, 
notwithstanding anything contained in the Constitution or any other 
law for the time being in force; lie in any court, forum or authority  
against any person or authority on account of or in respect of  
issuance any of the legal instruments referred to in clause (1) and  
on account of or in respect of any action taken by the Chief of  
Army Staff, the President or any other authority in exercise or  
purported exercise of the powers referred to in clause (2).
(5) For the purpose of clauses (1), (2) and (4), all orders made,  
proceedings  taken, appointments  made,  including  secondments 
and deputation, acts done or purporting to be made, taken or done  
by any authority or person shall be deemed to have been made,  
taken or done in good faith and for the purpose intended to be  
served thereby.
7. Amendment of Article 270B of the Constitution .− In the  
Constitution, in Article 270B after the word "Assemblies" occurring for  
the second time, the comma, words and figure  ", and the General  
Elections  2008  to  the  National  Assembly  and  the  Provincial 
Assemblies" shall be inserted.
8. Amendment of Article 270C of the Constitution .− In the  
Constitution, in Article 270C after the brackets, figures and word "(1 of  
2000)", the words, brackets, figure and comma "or the Oath of Office  
(Judges) Order, 2007," shall be inserted and for the words "that Order" 
the words "the said Orders" shall be substituted.