{ "schema_version": "qanun-law-text/1", "id": "punjab-code-85706601105214af", "title": "CONSTITUTION OF PAKISTAN", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VmNcbgUwU2M-", "version": null, "source_snapshot": "2026-08-06T16:29:26Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "1f1e67055db98526f0f983b35a3810c4d28597e6060fb90b4c7f2be7250cc820", "source_sha256": "1f1e67055db98526f0f983b35a3810c4d28597e6060fb90b4c7f2be7250cc820", "text_version_id": "law:punjab-code-85706601105214af:sha256:1f1e67055db98526f0f983b35a3810c4d28597e6060fb90b4c7f2be7250cc820", "quality_flags": [], "encoding": "UTF-8", "text": "1THE CONSTITUTION OF THE \r\nISLAMIC REPUBLIC OF PAKISTAN\r\n(In the name of Allah, the Beneficent, the Merciful)\r\n[12 April 1973]\r\nPreamble\r\nWhereas sovereignty over the entire Universe belongs to Almighty \r\nAllah alone, and the authority to be exercised by the people of \r\nPakistan within the limits prescribed by Him is a sacred trust;\r\nAnd whereas it is the will of the people of Pakistan to establish an \r\norder − \r\nWherein the State shall exercise its powers and authority through the \r\nchosen representatives of the people;\r\nWherein the principles of democracy, freedom, equality, tolerance \r\nand social justice, as enunciated by Islam, shall be fully observed;\r\nWherein the Muslims shall be enabled to order their lives in the \r\nindividual and collective spheres in accordance with the teachings and \r\nrequirements of Islam as set out in the Holy Quran and Sunnah;\r\n1National Assembly of Pakistan enacted the Constitution of the Islamic Republic of Pakistan, \r\n1973 on 10 April 1973; President of the National Assembly authenticated it on 12 April 1973; \r\nand, it was published in the Gazette of Pakistan (Extraordinary), dated: 12 April 1973, pp.195-\r\n389. Subject to clauses (3) and (4) of Article 265, the Constitution commenced on and from 14 \r\nAugust 1973. \r\nThe Proclamation of Martial Law dated 5 July 1977, published the same day in the Gazette of \r\nPakistan (Extraordinary), p.411, placed the Constitution in abeyance. \r\nUnder Article 4 of the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, the \r\nConstitution, held in abeyance, had to revive on such day as the President may, by notification in \r\nthe official Gazette, appoint and different days could be so appointed in respect of different \r\nprovisions. Exercising the said powers, the President revived the Constitution, except Articles 6, \r\n8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, Articles 199, 213 to 216 (both \r\ninclusive) and 270-A, with effect from 10 March 1985, vide S.R.O No. 212(I)/85, dated: 10 March \r\n1985, published in the Gazette of Pakistan (Extraordinary), Part-II, p. 279. However, the \r\nremaining Articles [Articles 6, 8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, \r\nArticles 199, 213 to 216 (both inclusive) and 270-A], stood revived with effect from 30 December \r\n1985, vide S.R.O No. 1273(I)/85, dated: 29 December 1985, published in the Gazette of \r\nPakistan (Extraordinary), Part-II, p. 3185.\r\n2 | Constitution: (Amendment) Order, 2007\r\nWherein adequate provision shall be made for the minorities freely to \r\nprofess and practise their religions and develop their cultures;\r\nWherein the territories now included in or in accession with Pakistan \r\nand such other territories as may hereafter be included in or accede to \r\nPakistan shall form a Federation wherein the units will be autonomous \r\nwith such boundaries and limitations on their powers and authority as \r\nmay be prescribed;\r\nWherein shall be guaranteed fundamental rights, including equality of \r\nstatus, of opportunity and before law, social, economic and political \r\njustice, and freedom of thought, expression, belief, faith, worship and \r\nassociation, subject to law and public morality;\r\nWherein adequate provision shall be made to safeguard the \r\nlegitimate interests of minorities and backward and depressed \r\nclasses;\r\nWherein the independence of the judiciary shall be fully secured;\r\nWherein the integrity of the territories of the Federation, its \r\nindependence and all its rights, including its sovereign rights on land, \r\nsea and air, shall be safeguarded;\r\nSo that the people of Pakistan may prosper and attain their rightful \r\nand honoured place amongst the nations of the World and make their \r\nfull contribution towards international peace and progress and \r\nhappiness of humanity:\r\nNow, therefore, we, the people of Pakistan,\r\nConscious of our responsibility before Almighty Allah and men;\r\nCognisant of the sacrifices made by the people in the cause of \r\nPakistan;\r\nFaithful to the declaration made by the Founder of Pakistan, Quaid-i-\r\nAzam Mohammad Ali Jinnah, that Pakistan would be a democratic \r\nState based on Islamic principles of social justice;\r\nDedicated to the preservation of democracy achieved by the \r\nunremitting struggle of the people against oppression and tyranny;\r\nInspired by the resolve to protect our national and political unity and \r\nsolidarity by creating an egalitarian society through a new order;\r\nDo hereby, through our representatives in the National Assembly, \r\nadopt, enact and give to ourselves, this Constitution.\r\nPART I\r\nIntroductory\r\nConstitution: (Amendment) Order, 2007 | 3\r\n1. The Republic and its territories .− (1) Pakistan shall be a \r\nFederal Republic to be known as the Islamic Republic of Pakistan, \r\nhereinafter referred to as Pakistan.\r\n1[(2) The territories of Pakistan shall comprise −\r\n(a) the Provinces of 2[Balochistan], the 3[Khyber \r\nPakhtunkhwa], the Punjab and 4[Sindh];\r\n(b) the Islamabad Capital Territory hereinafter referred to \r\nas the Federal Capital;\r\n(c) the Federally Administered Tribal Areas; and\r\n(d) such States and territories as are or may be included in \r\nPakistan, whether by accession or otherwise.\r\n(3) 5[Majlis-e-Shoora (Parliament)] may by law admit into the \r\nFederation new States or areas on such terms and conditions as it \r\nthinks fit.]\r\n2. Islam to be State religion .− Islam shall be the State religion of \r\nPakistan.\r\n6[2A. The Objectives Resolution to form part of substantive \r\nprovisions.−The principles and provisions set out in the Objectives \r\nResolution reproduced in the Annex are hereby made substantive part \r\nof the Constitution and shall have effect accordingly.]\r\n3. Elimination of exploitation .− The State shall ensure the \r\nelimination of all forms of exploitation and the gradual fulfillment of \r\nthe fundamental principle, from each according to his ability to \r\neach according to his work.\r\n4. Right of individuals to be dealt with in accordance with \r\nlaw, etc.− (1) To enjoy the protection of law and to be treated in \r\naccordance with law is the inalienable right of every citizen, \r\nwherever he may be, and of every other person for the time being \r\nwithin Pakistan.\r\n(2) In particular −\r\n1Clauses (2), (3) and (4) were substituted by the Constitution (First Amendment) Act, 1974 \r\n(XXXIII of 1974); assented to by the President on 4 May 1974; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 May 1974, pp.179-182, s. 2.\r\n2Substituted for the word “Baluchistan” by the Constitution (Eighteenth Amendment) Act, 2010 (X \r\nof 2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 3.\r\n3Substituted ibid, for the words “North West Frontier”.\r\n4Substituted ibid, for the word “Sind”.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No.14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp.185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n6Inserted ibid, item 2.\r\n4 | Constitution: (Amendment) Order, 2007\r\n(a) no action detrimental to the life, liberty, body, reputation or \r\nproperty of any person shall be taken except in accordance \r\nwith law;\r\n(b) no person shall be prevented from or be hindered in doing \r\nthat which is not prohibited by law; and\r\n(c) no person shall be compelled to do that which the law does \r\nnot require him to do.\r\n5. Loyalty to State and obedience to Constitution and law.− \r\n(1) Loyalty to the State is the basic duty of every citizen.\r\n(2) Obedience to the Constitution and law is the 1[inviolable] \r\nobligation of every citizen wherever he may be and of every other \r\nperson for the time being within Pakistan.\r\n6. High treason .− 2[(1) Any person who abrogates or subverts or \r\nsuspends or holds in abeyance, or attempts or conspires to \r\nabrogate or subvert or suspend or hold in abeyance, the \r\nConstitution by use of force or show of force or by any other \r\nunconstitutional means shall be guilty of high treason.]\r\n(2) Any person aiding or abetting 3[or collaborating] the acts \r\nmentioned in clause (1) shall likewise be guilty of high treason.\r\n4[(2A) An act of high treason mentioned in clause (1) or clause (2) \r\nshall not be validated by any court including the Supreme Court and a \r\nHigh Court.]\r\n(3) 5[Majlis-e-Shoora (Parliament)] shall by law provide for the \r\npunishment of persons found guilty of high treason.\r\nPART II\r\nFundamental Rights and Principles of Policy\r\n7. Definition of the State .− In this Part, unless the context \r\notherwise requires, \"the State\" means the Federal Government, \r\n6[Majlis-e-Shoora (Parliament)], a Provincial Government, a \r\n1Substituted for the word “basic” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. \r\n14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-\r\n227, Article 2 read with the Schedule, item 3: the Order came into force on 2 March 1985 and \r\nwas saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 4.\r\n3Inserted ibid.\r\n4Ibid.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n6Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\nConstitution: (Amendment) Order, 2007 | 5\r\nProvincial Assembly, and such local or other authorities in \r\nPakistan as are by law empowered to impose any tax or cess.\r\nChapter 1\r\nFundamental Rights\r\n8. Laws inconsistent with or in derogation of Fundamental \r\nRights to be void.− (1) Any law, or any custom or usage having \r\nthe force of law, in so far as it is inconsistent with the rights \r\nconferred by this Chapter, shall, to the extent of such \r\ninconsistency, be void. \r\n(2) The State shall not make any law which takes away or \r\nabridges the rights so conferred and any law made in contravention of \r\nthis clause shall, to the extent of such contravention, be void. \r\n(3) The provisions of this Article shall not apply to −\r\n(a) any law relating to members of the Armed Forces, or of the \r\npolice or of such other forces as are charged with the \r\nmaintenance of public order, for the purpose of ensuring \r\nthe proper discharge of their duties or the maintenance of \r\ndiscipline among them; or \r\n 1[(b) any of the −\r\n(i) laws specified in the First Schedule as in force \r\nimmediately before the commencing day or as \r\namended by any of the laws specified in that Schedule; \r\n(ii) other laws specified in Part I of the First Schedule;]\r\nand no such law nor any provision thereof shall be void on the ground \r\nthat such law or provision is inconsistent with, or repugnant to, any \r\nprovision of this Chapter.\r\n(4) Notwithstanding anything contained in paragraph (b) of clause \r\n(3), within a period of two years from the commencing day, the \r\nappropriate Legislature shall bring the laws specified in 2[Part II of the \r\nFirst Schedule] into conformity with the rights conferred by this \r\nChapter: \r\nProvided that the appropriate Legislature may by resolution extend \r\nthe said period of two years by a period not exceeding six months. \r\n1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n1Substituted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by \r\nthe President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25.11.1975, pp. 579-585, s. 2.\r\n2Substituted ibid, for the expression “the First Schedule, not being a law which relates to, or is \r\nconnected with, economic reforms,” \r\n6 | Constitution: (Amendment) Order, 2007\r\nExplanation− If in respect of any law 1[Majlis-e-Shoora \r\n(Parliament)] is the appropriate Legislature, such resolution shall be a \r\nresolution of the National Assembly. \r\n(5) The rights conferred by this Chapter shall not be suspended \r\nexcept as expressly provided by the Constitution. \r\n9. Security of person .− No person shall be deprived of life or \r\nliberty save in accordance with law. \r\n10. Safeguards as to arrest and detention .− (1) No person who \r\nis arrested shall be detained in custody without being informed, as \r\nsoon as may be, of the grounds for such arrest, nor shall he be \r\ndenied the right to consult and be defended by a legal practitioner \r\nof his choice.\r\n(2) Every person who is arrested and detained in custody shall be \r\nproduced before a magistrate within a period of twenty-four hours of \r\nsuch arrest, excluding the time necessary for the journey from the \r\nplace of arrest to the court of the nearest magistrate, and no such \r\nperson shall be detained in custody beyond the said period without the \r\nauthority of a magistrate. \r\n(3) Nothing in clauses (1) and (2) shall apply to any person who is \r\narrested or detained under any law providing for preventive detention. \r\n(4) No law providing for preventive detention shall be made except \r\nto deal with persons acting in a manner prejudicial to the integrity, \r\nsecurity or defence of Pakistan or any part thereof, or external affairs \r\nof Pakistan, or public order, or the maintenance of supplies or \r\nservices, and no such law shall authorise the detention of a person for \r\na period exceeding 2[three months] unless the appropriate Review \r\nBoard has, after affording him an opportunity of being heard in person, \r\nreviewed his case and reported, before the expiration of the said \r\nperiod, that there is, in its opinion, sufficient cause for such detention, \r\nand, if the detention is continued after the said period of 3[three \r\nmonths], unless the appropriate Review Board has reviewed his case \r\nand reported, before the expiration of each period of three months, \r\nthat there is, in its opinion, sufficient cause for such detention. \r\nExplanation I.− In this Article, \"the appropriate Review Board\" \r\nmeans,− \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted for the words “one month” by the Constitution (Third Amendment) Act, 1975 (XXII of \r\n1975); assented to by the President on 13 February 1975; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 18 February 1975, pp. 67-69, s. 2. \r\n3Ibid. \r\nConstitution: (Amendment) Order, 2007 | 7\r\n(i) in the case of a person detained under a Federal law, a \r\nBoard appointed by the Chief Justice of Pakistan and \r\nconsisting of a Chairman and two other persons, each of \r\nwhom is or has been a Judge of the Supreme Court or a \r\nHigh Court; and\r\n(ii) in the case of a person detained under a Provincial law, a \r\nBoard appointed by the Chief Justice of the High Court \r\nconcerned and consisting of a Chairman and two other \r\npersons, each of whom is or has been a Judge of a High \r\nCourt.\r\nExplanation II .− The opinion of a Review Board shall be \r\nexpressed in terms of the views of the majority of its members. \r\n(5) When any person is detained in pursuance of an order made \r\nunder any law providing for preventive detention, the authority making \r\nthe order shall, 1[within fifteen days] from such detention, communicate \r\nto such person the grounds on which the order has been made, and \r\nshall afford him the earliest opportunity of making a representation \r\nagainst the order:\r\nProvided that the authority making any such order may refuse to \r\ndisclose facts which such authority considers it to be against the \r\npublic interest to disclose. \r\n(6) The authority making the order shall furnish to the appropriate \r\nReview Board all documents relevant to the case unless a certificate, \r\nsigned by a Secretary to the Government concerned, to the effect that \r\nit is not in the public interest to furnish any documents, is produced. \r\n(7) Within a period of twenty-four months commencing on the day \r\nof his first detention in pursuance of an order made under a law \r\nproviding for preventive detention, no person shall be detained in \r\npursuance of any such order for more than a total period of eight \r\nmonths in the case of a person detained for acting in a manner \r\nprejudicial to public order and twelve months in any other case: \r\nProvided that this clause shall not apply to any person who is \r\nemployed by, or works for, or acts on instructions received from, the \r\nenemy 2[, or who is acting or attempting to act in a manner prejudicial \r\nto the integrity, security or defence of Pakistan or any part thereof or \r\nwho commits or attempts to commit any act which amounts to an anti-\r\nnational activity as defined in a Federal law or is a member of any \r\nassociation which has for its objects, or which indulges in, any such \r\nanti-national activity].\r\n1Substituted for the expression “as soon as may be, but not later than one week” by the \r\nConstitution (Third Amendment) Act, 1975 (XXII of 1975) ; assented to by the President on 13 \r\nFebruary 1975; and, published in the Gazette of Pakistan (Extraordinary), dated: 18 February 1975, \r\npp. 67-69, s. 2. \r\n2Added ibid.\r\n8 | Constitution: (Amendment) Order, 2007\r\n(8) The appropriate Review Board shall determine the place of \r\ndetention of the person detained and fix a reasonable subsistence \r\nallowance for his family.\r\n(9) Nothing in this Article shall apply to any person who for the \r\ntime being is an enemy alien.\r\n1[10A. Right to fair trial .− For the determination of his civil rights \r\nand obligations or in any criminal charge against him a person shall be \r\nentitled to a fair trial and due process.]\r\n11. Slavery, forced labour, etc., prohibited .− (1) Slavery is non-\r\nexistent and forbidden and no law shall permit or facilitate its \r\nintroduction into Pakistan in any form.\r\n(2) All forms of forced labour and traffic in human beings are \r\nprohibited. \r\n(3) No child below the age of fourteen years shall be engaged in \r\nany factory or mine or any other hazardous employment.\r\n(4) Nothing in this Article shall be deemed to affect compulsory \r\nservice − \r\n(a) by any person undergoing punishment for an offence \r\nagainst any law; or\r\n(b) required by any law for public purpose:\r\nProvided that no compulsory service shall be of a cruel nature or \r\nincompatible with human dignity. \r\n12. Protection against retrospective punishment .− (1) No law \r\nshall authorize the punishment of a person − \r\n(a) for an act or omission that was not punishable by law at the \r\ntime of the act or omission; or\r\n(b) for an offence by a penalty greater than, or of a kind \r\ndifferent from, the penalty prescribed by law for that \r\noffence at the time the offence was committed. \r\n(2) Nothing in clause (1) or in Article 270 shall apply to any law \r\nmaking acts of abrogation or subversion of a Constitution in force in \r\nPakistan at any time since the twenty-third day of March, one \r\nthousand nine hundred and fifty-six, an offence.\r\n13. Protection against double punishment and self-\r\nincrimination.− No person − \r\n(a) shall be prosecuted or punished for the same offence more \r\nthan once; or \r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 5.\r\nConstitution: (Amendment) Order, 2007 | 9\r\n(b) shall, when accused of an offence, be compelled to be a \r\nwitness against himself. \r\n14. Inviolability of dignity of man, etc .− (1) The dignity of man \r\nand, subject to law, the privacy of home, shall be inviolable.\r\n(2) No person shall be subjected to torture for the purpose of \r\nextracting evidence.\r\n15. Freedom of movement, etc .− Every citizen shall have the right \r\nto remain in, and, subject to any reasonable restriction imposed by \r\nlaw in the public interest, enter and move freely throughout \r\nPakistan and to reside and settle in any part thereof.\r\n16. Freedom of assembly .− Every citizen shall have the right to \r\nassemble peacefully and without arms, subject to any reasonable \r\nrestrictions imposed by law in the interest of public order.\r\n1[17. Freedom of association .− (1) Every citizen shall have the \r\nright to form associations or unions, subject to any reasonable \r\nrestrictions imposed by law in the interest of sovereignty or integrity of \r\nPakistan, public order or morality.\r\n(2) Every citizen, not being in the service of Pakistan, shall have \r\nthe right to form or be a member of a political party, subject to any \r\nreasonable restrictions imposed by law in the interest of the \r\nsovereignty or integrity of Pakistan and such law shall provide that \r\nwhere the Federal Government declares that any political party has \r\nbeen formed or is operating in a manner prejudicial to the sovereignty \r\nor integrity of Pakistan, the Federal Government shall, within fifteen \r\ndays of such declaration, refer the matter to the Supreme Court whose \r\ndecision on such reference shall be final. \r\n(3) Every political party shall account for the source of its funds in \r\naccordance with law.]\r\n18.Freedom of trade, business or profession .− Subject to such \r\nqualifications, if any, as may be prescribed by law, every citizen \r\nshall have the right to enter upon any lawful profession or \r\noccupation, and to conduct any lawful trade or business: \r\nProvided that nothing in this Article shall prevent −\r\n(a) the regulation of any trade or profession by a licensing \r\nsystem; or\r\n(b) the regulation of trade, commerce or industry in the interest \r\nof free competition therein; or\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp.267-316, s. 6.\r\n10 | Constitution: (Amendment) Order, 2007\r\n(c) the carrying on, by the Federal Government or a Provincial \r\nGovernment, or by a corporation controlled by any such \r\nGovernment, of any trade, business, industry or service, to \r\nthe exclusion, complete or partial, of other persons. \r\n19.Freedom of speech, etc .− Every citizen shall have the right to \r\nfreedom of speech and expression, and there shall be freedom of \r\nthe press, subject to any reasonable restrictions imposed by law in \r\nthe interest of the glory of Islam or the integrity, security or \r\ndefence of Pakistan or any part thereof, friendly relations with \r\nforeign States, public order, decency or morality, or in relation to \r\ncontempt of court, 1[commission of] or incitement to an offence.\r\n2[19A. Right to information .− Every citizen shall have the right to \r\nhave access to information in all matters of public importance subject \r\nto regulation and reasonable restrictions imposed by law.] \r\n20.Freedom to profess religion and to manage religious \r\ninstitutions.− Subject to law, public order and morality,− \r\n(a) every citizen shall have the right to profess, practise and \r\npropagate his religion; and\r\n(b) every religious denomination and every sect thereof shall \r\nhave the right to establish, maintain and manage its \r\nreligious institutions.\r\n21.Safeguard against taxation for purposes of any \r\nparticular religion .− No person shall be compelled to pay any \r\nspecial tax the proceeds of which are to be spent on the \r\npropagation or maintenance of any religion other than his own.\r\n22.Safeguards as to educational institutions in respect of \r\nreligion, etc.− (1) No person attending any educational institution \r\nshall be required to receive religious instruction, or take part in any \r\nreligious ceremony, or attend religious worship, if such instruction, \r\nceremony or worship relates to a religion other than his own.\r\n(2) In respect of any religious institution, there shall be no \r\ndiscrimination against any community in the granting of exemption or \r\nconcession in relation to taxation.\r\n(3) Subject to law,− \r\n1Substituted for the word “defamation” by the Constitution (Fourth Amendment) Act, 1975 (LXXI \r\nof 1975); assented to by the President on 21 November 1975; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 4.\r\n2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 7. \r\nConstitution: (Amendment) Order, 2007 | 11\r\n(a) no religious community or denomination shall be prevented \r\nfrom providing religious instruction for pupils of that \r\ncommunity or denomination in any educational institution \r\nmaintained wholly by that community or denomination; and\r\n(b) no citizen shall be denied admission to any educational \r\ninstitution receiving aid from public revenues on the ground \r\nonly of race, religion, caste or place of birth. \r\n(4) Nothing in this Article shall prevent any public authority from \r\nmaking provision for the advancement of any socially or educationally \r\nbackward class of citizens.\r\n23.Provision as to property .− Every citizen shall have the right to \r\nacquire, hold and dispose of property in any part of Pakistan, \r\nsubject to the Constitution and any reasonable restrictions \r\nimposed by law in the public interest. \r\n24.Protection of property rights .− (1) No person shall be \r\ndeprived of his property save in accordance with law.\r\n(2) No property shall be compulsorily acquired or taken \r\npossession of save for a public purpose, and save by the authority of \r\nlaw which provides for compensation therefor and either fixes the \r\namount of compensation or specifies the principles on and the manner \r\nin which compensation is to be determined and given.\r\n(3) Nothing in this Article shall affect the validity of − \r\n(a) any law permitting the compulsory acquisition or taking \r\npossession of any property for preventing danger to life, \r\nproperty or public health; or\r\n(b) any law permitting the taking over of any property which \r\nhas been acquired by, or come into the possession of, any \r\nperson by any unfair means, or in any manner, contrary to \r\nlaw; or\r\n(c) any law relating to the acquisition, administration or \r\ndisposal of any property which is or is deemed to be enemy \r\nproperty or evacuee property under any law (not being \r\nproperty which has ceased to be evacuee property under \r\nany law); or\r\n(d) any law providing for the taking over of the management of \r\nany property by the State for a limited period, either in the \r\npublic interest or in order to secure the proper \r\nmanagement of the property, or for the benefit of its owner; \r\nor\r\n(e) any law providing for the acquisition of any class of \r\nproperty for the purpose of −\r\n12 | Constitution: (Amendment) Order, 2007\r\n(i) providing education and medical aid to all or any \r\nspecified class of citizens; or\r\n(ii) providing housing and public facilities and services \r\nsuch as roads, water supply, sewerage, gas and \r\nelectric power to all or any specified class of citizens; or\r\n(iii) providing maintenance to those who, on account of \r\nunemployment, sickness, infirmity or old age, are \r\nunable to maintain themselves; or \r\n(f) any existing law or any law made in pursuance of Article \r\n253. \r\n(4) The adequacy or otherwise of any compensation provided for \r\nby any such law as is referred to in this Article, or determined in \r\npursuance thereof, shall not be called in question in any court.\r\n25.Equality of citizens .− (1) All citizens are equal before law and \r\nare entitled to equal protection of law.\r\n(2) There shall be no discrimination on the basis of sex 1[*].\r\n(3) Nothing in this Article shall prevent the State from making any \r\nspecial provision for the protection of women and children. \r\n2[25A. Right to education .− The State shall provide free and \r\ncompulsory education to all children of the age of five to sixteen years \r\nin such manner as may be determined by law.]\r\n26.Non-discrimination in respect of access to public \r\nplaces.− (1) In respect of access to places of public entertainment \r\nor resort, not intended for religious purposes only, there shall be \r\nno discrimination against any citizen on the ground only of race, \r\nreligion, caste, sex, residence or place of birth.\r\n(2) Nothing in clause (1) shall prevent the State from making any \r\nspecial provision for women and children.\r\n27.Safeguard against discrimination in services .− (1) No \r\ncitizen otherwise qualified for appointment in the service of \r\nPakistan shall be discriminated against in respect of any such \r\nappointment on the ground only of race, religion, caste, sex, \r\nresidence or place of birth: \r\n1The word “alone” was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 8.\r\n2Inserted ibid, s. 9.\r\nConstitution: (Amendment) Order, 2007 | 13\r\nProvided that, for a period not exceeding 1[forty] years from the \r\ncommencing day, posts may be reserved for persons belonging to any \r\nclass or area to secure their adequate representation in the service of \r\nPakistan:\r\nProvided further that, in the interest of the said service, specified \r\nposts or services may be reserved for members of either sex if such \r\nposts or services entail the performance of duties and functions which \r\ncannot be adequately performed by members of the other sex 2[:]\r\n3[Provided also that under-representation of any class or area in the \r\nservice of Pakistan may be redressed in such manner as may be \r\ndetermined by an Act of Majlis-e-Shoora (Parliament).]\r\n(2) Nothing in clause (1) shall prevent any Provincial Government, \r\nor any local or other authority in a Province, from prescribing, in \r\nrelation to any post or class of service under that Government or \r\nauthority, conditions as to residence in the Province, for a period not \r\nexceeding three years, prior to appointment under that Government or \r\nauthority.\r\n28.Preservation of language, script and culture .− Subject to \r\nArticle 251 any section of citizens having a distinct language, script \r\nor culture shall have the right to preserve and promote the same \r\nand subject to law, establish institutions for that purpose.\r\nChapter 2\r\nPrinciples of Policy\r\n29.Principles of Policy .− (1) The Principles set out in this Chapter \r\nshall be known as the Principles of Policy, and it is the \r\nresponsibility of each organ and authority of the State, and of each \r\nperson performing functions on behalf of an organ or authority of \r\nthe State, to act in accordance with those Principles in so far as \r\nthey relate to the functions of the organ or authority.\r\n(2) In so far as the observance of any particular Principle of Policy \r\nmay be dependent upon resources being available for the purpose, \r\nthe Principle shall be regarded as being subject to the availability of \r\nresources. \r\n1Substituted for the word “twenty” by the Constitution (Sixteenth Amendment) Act, 1999 (VII of \r\n1999); assented to by the President on 3 August 1999; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 5 August 1999, p.1237, s. 2. The word “twenty” was earlier substituted for \r\nthe word “ten” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article \r\n2 read with the Schedule, item 4: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 10.\r\n3Inserted ibid. \r\n14 | Constitution: (Amendment) Order, 2007\r\n(3) In respect of each year, the President in relation to the affairs \r\nof the Federation, and the Governor of each Province in relation to the \r\naffairs of his Province, shall cause to be prepared and laid before the \r\n1[each House of Majlis-e-Shoora (Parliament)] or, as the case may be, \r\nthe Provincial Assembly, a report on the observance and \r\nimplementation of the Principles of Policy, and provision shall be \r\nmade in the rules of procedure of the National Assembly 2[and the \r\nSenate] or, as the case may be, the Provincial Assembly, for \r\ndiscussion on such report.\r\n30.Responsibility with respect to Principles of Policy .− (1) \r\nThe responsibility of deciding whether any action of an organ or \r\nauthority of the State, or of a person performing functions on \r\nbehalf of an organ or authority of the State, is in accordance with \r\nthe Principles of Policy is that of the organ or authority of the \r\nState, or of the person, concerned. \r\n(2) The validity of an action or of a law shall not be called in \r\nquestion on the ground that it is not in accordance with the Principles \r\nof Policy, and no action shall lie against the State, any organ or \r\nauthority of the State or any person on such ground. \r\n31.Islamic way of life .− (1) Steps shall be taken to enable the \r\nMuslims of Pakistan, individually and collectively, to order their \r\nlives in accordance with the fundamental principles and basic \r\nconcepts of Islam and to provide facilities whereby they may be \r\nenabled to understand the meaning of life according to the Holy \r\nQuran and Sunnah. \r\n(2) The State shall endeavour, as respects the Muslims of \r\nPakistan,− \r\n(a) to make the teaching of the Holy Quran and Islamiat \r\ncompulsory, to encourage and facilitate the learning of \r\nArabic language and to secure correct and exact printing \r\nand publishing of the Holy Quran;\r\n(b) to promote unity and the observance of the Islamic moral \r\nstandards; and\r\n(c) to secure the proper organisation of zakat, 3[ushr,] auqaf \r\nand mosques.\r\n1Substituted for the words “the National Assembly” by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010) ; assented to by the President on 19 April 2010; and, p ublished in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 11.\r\n2Inserted ibid.\r\n3Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March1985, pp. 185-227, Article 2 read with \r\nthe Schedule, item 5: the Order came into force on 2 March 1985 and was saved under Article \r\n270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 15\r\n32.Promotion of local Government institutions.− The State \r\nshall encourage local Government institutions composed of \r\nelected representatives of the areas concerned and in such \r\ninstitutions special representation will be given to peasants, \r\nworkers and women. \r\n33.Parochial and other similar prejudices to be \r\ndiscouraged.− The State shall discourage parochial, racial, tribal, \r\nsectarian and provincial prejudices among the citizens. \r\n34.Full participation of women in national life .− Steps shall be \r\ntaken to ensure full participation of women in all spheres of \r\nnational life. \r\n35.Protection of family, etc.− The State shall protect the marriage, \r\nthe family, the mother and the child. \r\n36.Protection of minorities .− The State shall safeguard the \r\nlegitimate rights and interests of minorities, including their due \r\nrepresentation in the Federal and Provincial services. \r\n37.Promotion of social justice and eradication of social \r\nevils.− The State shall − \r\n(a) promote, with special care, the educational and economic \r\ninterests of backward classes or areas;\r\n(b) remove illiteracy and provide free and compulsory \r\nsecondary education within minimum possible period;\r\n(c) make technical and professional education generally \r\navailable and higher education equally accessible to all on \r\nthe basis of merit;\r\n(d) ensure inexpensive and expeditious justice;\r\n(e) make provision for securing just and humane conditions of \r\nwork, ensuring that children and women are not employed \r\nin vocations unsuited to their age or sex, and for maternity \r\nbenefits for women in employment;\r\n(f) enable the people of different areas, through education, \r\ntraining, agricultural and industrial development and other \r\nmethods, to participate fully in all forms of national \r\nactivities, including employment in the service of Pakistan;\r\n(g) prevent prostitution, gambling and taking of injurious drugs, \r\nprinting, publication, circulation and display of obscene \r\nliterature and advertisements;\r\n(h) prevent the consumption of alcoholic liquor otherwise than \r\nfor medicinal and, in the case of non-Muslims, religious \r\npurposes; and\r\n16 | Constitution: (Amendment) Order, 2007\r\n(i) decentralise the Government administration so as to \r\nfacilitate expeditious disposal of its business to meet the \r\nconvenience and requirements of the public.\r\n38.Promotion of social and economic well-being of the \r\npeople.− The State shall− \r\n(a) secure the well-being of the people, irrespective of sex, \r\ncaste, creed or race, by raising their standard of living, by \r\npreventing the concentration of wealth and means of \r\nproduction and distribution in the hands of a few to the \r\ndetriment of general interest and by ensuring equitable \r\nadjustment of rights between employers and employees, \r\nand landlords and tenants;\r\n(b) provide for all citizens, within the available resources of the \r\ncountry, facilities for work and adequate livelihood with \r\nreasonable rest and leisure;\r\n(c) provide for all persons employed in the service of Pakistan \r\nor otherwise, social security by compulsory social \r\ninsurance or other means;\r\n(d) provide basic necessities of life, such as food, clothing, \r\nhousing, education and medical relief, for all such citizens, \r\nirrespective of sex, caste, creed or race, as are \r\npermanently or temporarily unable to earn their livelihood \r\non account of infirmity, sickness or unemployment;\r\n(e) reduce disparity in the income and earnings of individuals, \r\nincluding persons in the various classes of the service of \r\nPakistan; 1[*]\r\n(f) eliminate riba as early as possible 2[;] 3[and]\r\n 4[(g) ensure that the shares of the Provinces in all Federal \r\nservices, including autonomous bodies and corporations \r\nestablished by, or under the control of, the Federal \r\nGovernment, shall be secured and any omission in the \r\nallocation of the shares of the Provinces in the past shall \r\nbe rectified.]\r\n39.Participation of people in Armed Forces .− The State shall \r\nenable people from all parts of Pakistan to participate in the Armed \r\nForces of Pakistan.\r\n1The word “and” was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010 ; \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 12.\r\n2Substituted ibid, for the “full-stop”.\r\n3Added ibid.\r\n4Ibid.\r\nConstitution: (Amendment) Order, 2007 | 17\r\n40.Strengthening bonds with Muslim world and promoting \r\ninternational peace .− The State shall endeavour to preserve \r\nand strengthen fraternal relations among Muslim countries based \r\non Islamic unity, support the common interests of the peoples of \r\nAsia, Africa and Latin America, promote international peace and \r\nsecurity, foster goodwill and friendly relations among all nations \r\nand encourage the settlement of international disputes by peaceful \r\nmeans.\r\nPART III\r\nThe Federation of Pakistan\r\nChapter 1\r\nThe President\r\n41.The President.− (1) There shall be a President of Pakistan who \r\nshall be the Head of State and shall represent the unity of the \r\nRepublic.\r\n(2) A person shall not be qualified for election as President unless \r\nhe is a Muslim of not less than forty-five years of age and is qualified \r\nto be elected as member of the National Assembly.\r\n1[(3) The President 2[* * * * * * * * * *] shall be elected in accordance \r\nwith the provisions of the Second Schedule by the members of an \r\nelectoral college consisting of −\r\n(a) the members of both Houses; and\r\n(b) the members of the Provincial Assemblies.]\r\n(4) Election to the office of President shall be held not earlier than \r\nsixty days and not later than thirty days before the expiration of the \r\nterm of the President in office: \r\nProvided that, if the election cannot be held within the period \r\naforesaid because the National Assembly is dissolved, it shall be held \r\nwithin thirty days of the general election to the Assembly.\r\n(5) An election to fill a vacancy in the office of President shall be \r\nheld not later than thirty days from the occurrence of the vacancy: \r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March1985, pp. 185-227, Article \r\n2 read with the Schedule, item 6: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2The expression “to be elected after the term specified in clause (7)” was omitted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 \r\nApril 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 13. The words “expiration of the” would be deemed to have been omitted in the \r\ncontext of the omission.\r\n18 | Constitution: (Amendment) Order, 2007\r\nProvided that, if the election cannot be held within the period \r\naforesaid because the National Assembly is dissolved, it shall be held \r\nwithin thirty days of the general election to the Assembly.\r\n(6) The validity of the election of the President shall not be called \r\nin question by or before any court or other authority.\r\n1[(7) * * * * * ]\r\n2[(8) * * * * * ]\r\n3[(9) * * * * * ]\r\n42.Oath of President .− Before entering upon office, the President \r\nshall make before the Chief Justice of Pakistan oath in the form \r\nset out in the Third Schedule.\r\n43.Conditions of President's office .− (1) The President shall not \r\nhold any office of profit in the service of Pakistan or occupy any \r\nother position carrying the right to remuneration for the rendering \r\nof services.\r\n(2) The President shall not be a candidate for election as a \r\nmember of 4[Majlis-e-Shoora(Parliament)] or a Provincial Assembly; \r\nand, if a member of 5[Majlis-e-Shoora(Parliament)] or a Provincial \r\nAssembly is elected as President, his seat in 6[Majlis-e-\r\nShoora(Parliament)] or, as the case may be, the Provincial Assembly \r\nshall become vacant on the day he enters upon his office.\r\n44.Term of office of President .− (1) Subject to the Constitution , \r\nthe President shall hold office for a term of five years from the day \r\nhe enters upon his office: \r\nProvided that the President shall, notwithstanding the expiration of \r\nhis term, continue to hold office until his successor enters upon his \r\noffice.\r\n1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 13. The clause was earlier inserted by the Revival of the Constitution \r\nof 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp.185-227, Article 2 read with the Schedule, item 6: the Order came into \r\nforce on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid. The clause was earlier added by the Constitution (Seventeenth Amendment) Act, 2003 (III \r\nof 2003); assented to by the President on 31 December 2003; and, published the same day in \r\nthe Gazette of Pakistan (Extraordinary), pp.149-153, s. 2.\r\n3Ibid.\r\n4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n5Ibid.\r\n6Ibid.\r\nConstitution: (Amendment) Order, 2007 | 19\r\n(2) Subject to the Constitution, a person holding office as \r\nPresident shall be eligible for re-election to that office, but no person \r\nshall hold that office for more than two consecutive terms.\r\n(3) The President may, by writing under his hand addressed to the \r\nSpeaker of the National Assembly, resign his office.\r\n45.President's power to grant pardon, etc .− The President shall \r\nhave power to grant pardon, reprieve and respite, and to remit, \r\nsuspend or commute any sentence passed by any court, tribunal \r\nor other authority.\r\n1[46. President to be kept informed .− The Prime Minister shall \r\nkeep the President informed on all matters of internal and foreign \r\npolicy and on all legislative proposals the Federal Government intends \r\nto bring before Majlis-e-Shoora (Parliament).]\r\n47. Removal 2[or impeachment ] of President .− 3[(1) \r\nNotwithstanding anything contained in the Constitution, the \r\nPresident may, in accordance with the provisions of this Article, be \r\nremoved from office on the ground of physical or mental incapacity \r\nor impeached on a charge of violating the Constitution or gross \r\nmisconduct.\r\n(2) Not less than one-half of the total membership of either House \r\nmay give to the Speaker of the National Assembly or, as the case may \r\nbe, the Chairman written notice of its intention to move a resolution for \r\nthe removal of, or, as the case may be, to impeach, the President; and \r\nsuch notice shall set out the particulars of his incapacity or of the \r\ncharge against him.]\r\n(3) If a notice under clause (2) is received by the Chairman, he \r\nshall transmit it forthwith to the Speaker.\r\n(4) The Speaker shall, within three days of the receipt of a notice \r\nunder clause (2) or clause (3), cause a copy of the notice to be \r\ntransmitted to the President.\r\n(5) The Speaker shall summon the two Houses to meet in a joint \r\nsitting not earlier than seven days and not later than fourteen days \r\nafter the receipt of the notice by him.\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 14. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 7: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution. \r\n2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 8: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n3Substituted ibid.\r\n20 | Constitution: (Amendment) Order, 2007\r\n(6) The joint sitting may investigate or cause to be investigated the \r\nground or the charge upon which the notice is founded.\r\n(7) The President shall have the right to appear and be \r\nrepresented during the investigation, if any, and before the joint sitting.\r\n(8) If, after consideration of the result of the investigation, if any, a \r\nresolution is passed at the joint sitting by the votes of not less than \r\ntwo-thirds of the total membership of 1[Majlis-e-Shoora (Parliament)], \r\ndeclaring that the President is unfit to hold the office due to incapacity \r\nor is guilty of violating the Constitution or of gross misconduct, the \r\nPresident shall cease to hold office immediately on the passing of the \r\nresolution.\r\n2[48. President to act on advice, etc .− (1) In the exercise of his \r\nfunctions, the President shall act 3[on and] in accordance with the \r\nadvice of the Cabinet 4[or the Prime Minister]: \r\n5[Provided that 6[within fifteen days] the President may require the \r\nCabinet or, as the case may be, the Prime Minister to reconsider such \r\nadvice, either generally or otherwise, and the President shall 7[, within \r\nten days,] act in accordance with the advice tendered after such \r\nreconsideration.]\r\n(2) Notwithstanding anything contained in clause (1), the \r\nPresident shall act in his discretion in respect of any matter in respect \r\nof which he is empowered by the Constitution to do so 8[and the \r\nvalidity of anything done by the President in his discretion shall not be \r\ncalled in question on any ground whatsoever].\r\n9[(3) * * * * * * ]\r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted ibid, item 9.\r\n3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 15.\r\n4Substituted for the expression “, the Prime Minister, or appropriate Minister” by the Constitution \r\n(Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the President on 9 November \r\n1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November 1985, pp. \r\n403-410, s. 2.\r\n5Substituted ibid.\r\n6Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 15.\r\n7Ibid.\r\n8Added by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the \r\nPresident on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n11 November 1985, pp. 403-410, s. 2.\r\n9Omitted ibid.\r\nConstitution: (Amendment) Order, 2007 | 21\r\n(4) The question whether any, and if so what, advice was \r\ntendered to the President by the Cabinet, the Prime Minister, a \r\nMinister or Minister of State shall not be inquired into in, or by, any \r\ncourt, tribunal or other authority.\r\n1[(5) Where the President dissolves the National Assembly, \r\nnotwithstanding anything contained in clause (1), he shall,− \r\n(a) appoint a date, not later than ninety days from the date of \r\nthe dissolution, for the holding of a general election to the \r\nAssembly; and \r\n(b) appoint a care-taker Cabinet 2[in accordance with the \r\nprovisions of Article 224 or, as the case may be, Article \r\n224A].]\r\n3[(6) If at any time the Prime Minister considers it necessary to hold \r\na referendum on any matter of national importance, he may refer the \r\nmatter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is \r\napproved in a joint sitting, the Prime Minister may cause such matter \r\nto be referred to a referendum in the form of a question that is capable \r\nof being answered by either “Yes” or “No”.]\r\n(7) An Act of Majlis-e-Shoora (Parliament) may lay down the \r\nprocedure for the holding of a referendum and the compiling and \r\nconsolidation of the result of a referendum.]\r\n49. Chairman or Speaker to act as, or perform functions of, \r\nPresident.− (1) If the office of President becomes vacant by \r\nreason of death, resignation or removal of the President, the \r\nChairman or, if he is unable to perform the functions of the office \r\nof President, the Speaker of the National Assembly shall act as \r\nPresident until a President is elected in accordance with clause (3) \r\nof Article 41.\r\n(2) When the President, by reason of absence from Pakistan or \r\nany other cause, is unable to perform his functions, the Chairman or, if \r\nhe too is absent or unable to perform the functions of the office of \r\nPresident, the Speaker of the National Assembly shall perform the \r\nfunctions of President until the President returns to Pakistan or, as the \r\ncase may be, resumes his functions.\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 15.\r\n2Added by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012); assented to by the \r\nPresident on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n29 February 2012, pp. 93-97, s. 2.\r\n3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 15.\r\n22 | Constitution: (Amendment) Order, 2007\r\nChapter 2\r\n1 Majlis-e-Shoora (Parliament)\r\nComposition, Duration and Meetings of 2[Majlis-e-Shoora \r\n(Parliament)]\r\n 3[50. Majlis-e-Shoora (Parliament).− There shall be a Majlis-e-\r\nShoora (Parliament) of Pakistan consisting of the President and two \r\nHouses to be known respectively as the National Assembly and the \r\nSenate.]\r\n4[51. National Assembly.− (1) There shall be three hundred and forty-\r\ntwo seats for members in the National Assembly, including seats \r\nreserved for women and non-Muslims. \r\n(2) A person shall be entitled to vote if −\r\n(a) he is a citizen of Pakistan; \r\n(b) he is not less than eighteen years of age; \r\n(c) his name appears on the electoral roll; and \r\n(d) he is not declared by a competent court to be of unsound \r\nmind. \r\n(3) The seats in the National Assembly referred to in clause (1), \r\nexcept as provided in clause (4), shall be allocated to each Province, \r\nthe Federally Administered Tribal Areas and the Federal Capital as \r\nunder:− \r\nGeneral Seats Women Total\r\nBalochistan 14 3 17\r\nKhyber Pakhtunkhwa 35 8 43\r\nPunjab 148 35 183\r\nSindh 61 14 75\r\nFederally Administered \r\nTribal Areas\r\n12 - 12\r\nFederal Capital 2 - 2\r\nTotal 272 60 332\r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n3Substituted ibid, item 10.\r\n4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 16: it came into force on 21 August 2002.\r\n][The\r\nConstitution: (Amendment) Order, 2007 | 23\r\n(4) In addition to the number of seats referred to in clause (3), \r\nthere shall be, in the National Assembly, ten seats reserved for non-\r\nMuslims. \r\n(5) The seats in the National Assembly shall be allocated to each \r\nProvince, the Federally Administered Tribal Areas and the Federal \r\nCapital on the basis of population in accordance with the last \r\npreceding census officially published. \r\n(6) For the purpose of election to the National Assembly,−\r\n(a) the constituencies for the general seats shall be single \r\nmember territorial constituencies and the members to fill \r\nsuch seats shall be elected by direct and free vote in \r\naccordance with law; \r\n(b) each Province shall be a single constituency for all seats \r\nreserved for women which are allocated to the respective \r\nProvinces under clause (3); \r\n(c) the constituency for all seats reserved for non-Muslims \r\nshall be the whole country; \r\n(d) members to the seats reserved for women which are \r\nallocated to a Province under clause (3) shall be elected in \r\naccordance with law through proportional representation \r\nsystem of political parties’ lists of candidates on the basis \r\nof total number of general seats secured by each political \r\nparty from the Province concerned in the National \r\nAssembly: \r\nProvided that for the purpose of this paragraph the total \r\nnumber of general seats won by a political party shall \r\ninclude the independent returned candidate or candidates \r\nwho may duly join such political party within three days of \r\nthe publication in the official Gazette of the names of the \r\nreturned candidates; and \r\n(e) members to the seats reserved for non-Muslims shall be \r\nelected in accordance with law through proportional \r\nrepresentation system of political parties’ lists of candidates \r\non the basis of total number of general seats won by each \r\npolitical party in the National Assembly: \r\nProvided that for the purpose of this paragraph the total \r\nnumber of general seats won by a political party shall \r\ninclude the independent returned candidate or candidates \r\nwho may duly join such political party within three days of \r\nthe publication in the official Gazette of the names of the \r\nreturned candidates.]\r\n52. Duration of National Assembly .− The National Assembly \r\nshall, unless sooner dissolved, continue for a term of five years \r\n24 | Constitution: (Amendment) Order, 2007\r\nfrom the day of its first meeting and shall stand dissolved at the \r\nexpiration of its term. \r\n53. Speaker and Deputy Speaker of National Assembly .− (1) \r\nAfter a general election, the National Assembly shall, at its first \r\nmeeting and to the exclusion of any other business, elect from \r\namongst its members a Speaker and a Deputy Speaker and, so \r\noften as the office of Speaker or Deputy Speaker becomes vacant, \r\nthe Assembly shall elect another member as Speaker or, as the \r\ncase may be, Deputy Speaker. \r\n(2) Before entering upon office, a member elected as Speaker or \r\nDeputy Speaker shall make before the National Assembly oath in the \r\nform set out in the Third Schedule. \r\n(3) When the office of Speaker is vacant, or the Speaker is absent \r\nor is unable to perform his functions due to any cause, the Deputy \r\nSpeaker shall act as Speaker, and if, at that time, the Deputy Speaker \r\nis also absent or is unable to act as Speaker due to any cause, such \r\nmember as may be determined by the rules of procedure of the \r\nAssembly shall preside at the meeting of the Assembly. \r\n(4) The Speaker or the Deputy Speaker shall not preside at a \r\nmeeting of the Assembly when a resolution for his removal from office \r\nis being considered. \r\n(5) The Speaker may, by writing under his hand addressed to the \r\nPresident, resign his office. \r\n(6) The Deputy Speaker may, by writing under his hand \r\naddressed to the Speaker, resign his office. \r\n(7) The office of Speaker or Deputy Speaker shall become vacant \r\nif −\r\n(a) he resigns his office;\r\n(b) he ceases to be a member of the Assembly; or\r\n(c) he is removed from office by a resolution of the Assembly, \r\nof which not less than seven days’ notice has been given \r\nand which is passed by the votes of the majority of the total \r\nmembership of the Assembly.\r\n(8) When the National Assembly is dissolved the Speaker shall \r\ncontinue in his office till the person elected to fill the office by the next \r\nAssembly enters upon his office.\r\nConstitution: (Amendment) Order, 2007 | 25\r\n 154. Summoning and prorogation of 2[Majlis-e-Shoora \r\n(Parliament)].− (1) The President may, from time to time, summon \r\neither House or both Houses or 3[Majlis-e-Shoora (Parliament)] in joint \r\nsitting to meet at such time and place as he thinks fit and may also \r\nprorogue the same.\r\n(2) There shall be at least 4[three] sessions of the National \r\nAssembly every year, and not more than one hundred and twenty \r\ndays shall intervene between the last sitting of the Assembly in one \r\nsession and the date appointed for its first sitting in the next session: \r\nProvided that the National Assembly shall meet for not less than \r\none hundred and 5[thirty] working days in each year.\r\n 6[Explanation.− In this clause, ‘working days’ includes any day on \r\nwhich there is a joint sitting and any period, not exceeding two days, \r\nfor which the National Assembly is adjourned.]\r\n(3) On a requisition signed by not less than one-fourth of the total \r\nmembership of the National Assembly, the Speaker shall summon the \r\nNational Assembly to meet, at such time and place as he thinks fit, \r\nwithin fourteen days of the receipt of the requisition; and when the \r\nSpeaker has summoned the Assembly only he may prorogue it.\r\n55. Voting in Assembly and quorum .− (1) Subject to the \r\nConstitution, all decisions of the National Assembly shall be taken \r\nby majority of the members present and voting, but the person \r\npresiding shall not vote except in the case of equality of votes. \r\n(2) If at any time during a sitting of the National Assembly the \r\nattention of the person presiding is drawn to the fact that less than \r\none-fourth of the total membership of the Assembly is present, he \r\n1Until 31 day of December 1973, Article 54 had effect as if the proviso to clause (2) thereof were \r\nomitted: see the Removal Difficulties (Sittings of National Assembly) Order, 1973 (P.O. No. 23 of \r\n1973), published in the Gazette of Pakistan (Extraordinary), dated: 6 November 1973, pp. 695-\r\n696, Article 2.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Ibid.\r\n4Substituted ibid, for the word “two”, item 12.\r\n5Substituted for the word “sixty” by the Constitution (Tenth Amendment) Act, 1987 (I of 1987); \r\nassented to by the President on 25 March 1987; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 29 March 1987, p. 1, s. 2. The word “sixty” was earlier substituted for the \r\nword “thirty” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article \r\n2 read with the Schedule, item 12: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n6Added by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the \r\nPresident on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 November 1975, pp. 579-585, s. 6.\r\n26 | Constitution: (Amendment) Order, 2007\r\nshall either adjourn the Assembly or suspend the meeting until at least \r\none-fourth of such membership is present.\r\n56. Address by President.− 1[(1)] The President may address either \r\nHouse or both Houses assembled together and may for that \r\npurpose require the attendance of the members. \r\n2[(2) The President may send messages to either House, whether \r\nwith respect to a Bill then pending in the Majlis-e-Shoora (Parliament) \r\nor otherwise, and a House to which any message is so sent shall with \r\nall convenient dispatch consider any matter required by the message \r\nto be taken into consideration.]\r\n3[(3) At the commencement of the first session after each general \r\nelection to the National Assembly and at the commencement of the \r\nfirst session of each year the President shall address both Houses \r\nassembled together and inform the Majlis-e-Shoora (Parliament) of \r\nthe causes of its summons.]\r\n4[(4) Provision shall be made in the rules for regulating the procedure \r\nof a House and the conduct of its business for the allotment of time for \r\ndiscussion of the matters referred to in the address of the President.]\r\n57. Right to speak in 5[Majlis-e-Shoora (Parliament)].− The \r\nPrime Minister, a Federal Minister, a Minister of State and the \r\nAttorney General shall have the right to speak and otherwise take \r\npart in the proceedings of either House, or a joint sitting or any \r\ncommittee thereof, of which he may be named a member, but \r\nshall not by virtue of this Article be entitled to vote. \r\n1The existing clause was renumbered as clause (1) by the Revival of the Constitution of 1973 \r\nOrder, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: \r\n17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 13: the Order came into \r\nforce on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n2Added ibid.\r\n3Substituted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by \r\nthe President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 11 November 1985, pp. 403-410, s. 4. It was earlier added by the Revival of the \r\nConstitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 13: \r\nthe Order came into force on 2 March 1985 and was saved under Article 270A of the \r\nConstitution.\r\n4Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 13: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n5Substituted for the word “Parliament” Added by the Revival of the Constitution of 1973 Order, \r\n1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 \r\nMarch 1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on \r\n2 March 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 27\r\n 1[58. Dissolution of the National Assembly .− (1) The President \r\nshall dissolve the National Assembly if so advised by the Prime \r\nMinister; and the National Assembly shall, unless sooner dissolved, \r\nstand dissolved at the expiration of forty-eight hours after the Prime \r\nMinister has so advised. \r\nExplanation.− Reference in this Article to “Prime Minister” shall \r\nnot be construed to include reference to a Prime Minister against \r\nwhom a notice of a resolution for a vote of no-confidence has been \r\ngiven in the National Assembly but has not been voted upon or \r\nagainst whom such a resolution has been passed or who is continuing \r\nin office after his resignation or after the dissolution of the National \r\nAssembly. \r\n(2) Notwithstanding anything contained in clause (2) of Article 48, \r\nthe President may also dissolve the National Assembly in his \r\ndiscretion where, a vote of no-confidence having been passed against \r\nthe Prime Minister, no other member of the National Assembly \r\ncommands the confidence of the majority of the members of the \r\nNational Assembly in accordance with the provisions of the \r\nConstitution, as ascertained in a session of the National Assembly \r\nsummoned for the purpose.]\r\n 2[59. The Senate .− (1) The Senate shall consist of one hundred and \r\nfour members, of whom,− \r\n(a) fourteen shall be elected by the members of each \r\nProvincial Assembly; \r\n(b) eight shall be elected from the Federally Administered \r\nTribal Areas, in such manner as the President may, by \r\nOrder, prescribe; \r\n(c) two on general seats, and one woman and one technocrat \r\nincluding aalim shall be elected from the Federal Capital in \r\nsuch manner as the President may, by Order, prescribe; \r\n(d) four women shall be elected by the members of each \r\nProvincial Assembly; \r\n(e) four technocrats including ulema shall be elected by the \r\nmembers of each Provincial Assembly; and \r\n(f) four non-Muslims, one from each Province, shall be elected \r\nby the members of each Provincial Assembly: \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 17.\r\n2Ibid, s. 18.\r\n28 | Constitution: (Amendment) Order, 2007\r\nProvided that paragraph (f) shall be effective from the next \r\nSenate election after the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010. \r\n(2) Election to fill seats in the Senate allocated to each Province \r\nshall be held in accordance with the system of proportional \r\nrepresentation by means of the single transferable vote. \r\n(3) The Senate shall not be subject to dissolution but the term of \r\nits members, who shall retire as follows, shall be six years: \r\n(a) of the members referred to in paragraph (a) of clause (1), \r\nseven shall retire after the expiration of the first three years \r\nand seven shall retire after the expiration of the next three \r\nyears; \r\n(b) of the members referred to in paragraph (b) of the \r\naforesaid clause, four shall retire after the expiration of the \r\nfirst three years and four shall retire after the expiration of \r\nthe next three years; \r\n(c) of the members referred to in paragraph (c) of the \r\naforesaid clause,- \r\n(i) one elected on general seat shall retire after the \r\nexpiration of the first three years and the other one \r\nshall retire after the expiration of the next three years; \r\nand \r\n(ii) one elected on the seat reserved for technocrat shall \r\nretire after first three years and the one elected on the \r\nseat reserved for women shall retire after the expiration \r\nof the next three years; \r\n(d) of the members referred to in paragraph (d) of the \r\naforesaid clause, two shall retire after the expiration of the \r\nfirst three years and two shall retire after the expiration of \r\nthe next three years; \r\n(e) of the members referred to in paragraph (e) of the \r\naforesaid clause, two shall retire after the expiration of the \r\nfirst three years and two shall retire after the expiration of \r\nthe next three years; and \r\n(f) of the members referred to in paragraph (f) of the aforesaid \r\nclause, two shall retire after the expiration of first three \r\nyears and two shall retire after the expiration of next three \r\nyears: \r\nProvided that the Election Commission for the first term \r\nof seats for non-Muslims shall draw a lot as to which two \r\nmembers shall retire after the first three years. \r\nConstitution: (Amendment) Order, 2007 | 29\r\n(4) The term of office of a person elected to fill a casual vacancy \r\nshall be the unexpired term of the member whose vacancy he has \r\nfilled.]\r\n60. Chairman and Deputy Chairman .− (1) After the Senate has \r\nbeen duly constituted, it shall, at its first meeting and to the \r\nexclusion of any other business, elect from amongst its members a \r\nChairman and a Deputy Chairman and, so often as the office of \r\nChairman or Deputy Chairman becomes vacant, the Senate shall \r\nelect another member as Chairman or, as the case may be, \r\nDeputy Chairman. \r\n(2) The term of office of the Chairman or Deputy Chairman shall \r\nbe 1[three] years from the day on which he enters upon his office.\r\n61. Other provisions relating to Senate .− The provisions of \r\nclauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and \r\nArticle 55 shall apply to the Senate as they apply to the National \r\nAssembly and, in their application to the Senate, shall have effect \r\nas if references therein to the National Assembly, Speaker and \r\nDeputy Speaker were references, respectively, to the Senate, \r\nChairman and Deputy Chairman 2[and as if, in the proviso to the \r\nsaid clause (2) of Article 54, for the words “ 3[one hundred and \r\nthirty]” the word “4[one hundred and ten]” were substituted]. \r\nProvisions as to Members of 5[Majlis-e-Shoora (Parliament)]\r\n1Substituted for the word “two” by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); \r\nassented to by the President on 9 November 1985; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 11 November 1985, pp. 403-410, s. 7.\r\n2Added by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp.179-182, s. 5.\r\n3Substituted for the words “one hundred and sixty” by the Constitution (Tenth Amendment) Act, \r\n1987 (I of 1987); assented to by the President on 25 March 1987; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 29 March 1987, p. 1, s. 3. The words “one hundred and thirty” \r\nwere earlier substituted by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of \r\n1985), dated: 19 March 1985, published in the Gazette of Pakistan (Extraordinary), pp.237-239, \r\nArticle 2: the Order was saved under Article 270A of the Constitution.\r\n4Substituted for the words “ninety” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 19.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n30 | Constitution: (Amendment) Order, 2007\r\n 1[62. Qualifications for membership of Majlis-e-Shoora \r\n(Parliament).− (1) A person shall not be qualified to be elected or \r\nchosen as a member of Majlis-e-Shoora (Parliament) unless − \r\n(a) he is a citizen of Pakistan; \r\n(b) he is, in the case of the National Assembly, not less than \r\ntwenty-five years of age and is enrolled as a voter in any \r\nelectoral roll in − \r\n(i) any part of Pakistan, for election to a general seat or a \r\nseat reserved for non-Muslims; and \r\n(ii) any area in a Province from which she seeks \r\nmembership for election to a seat reserved for women. \r\n(c) he is, in the case of the Senate, not less than thirty years of \r\nage and is enrolled as a voter in any area in a Province or, \r\nas the case may be, the Federal Capital or the Federally \r\nAdministered Tribal Areas, from where he seeks \r\nmembership; \r\n(d) he is of good character and is not commonly known as one \r\nwho violates Islamic Injunctions; \r\n(e) he has adequate knowledge of Islamic teachings and \r\npractices obligatory duties prescribed by Islam as well as \r\nabstains from major sins; \r\n(f) he is sagacious, righteous, non-profligate, honest and \r\nameen, there being no declaration to the contrary by a \r\ncourt of law; and \r\n(g) he has not, after the establishment of Pakistan, worked \r\nagainst the integrity of the country or opposed the ideology \r\nof Pakistan.\r\n(2) The disqualifications specified in paragraphs (d) and (e) shall \r\nnot apply to a person who is a non-Muslim, but such a person shall \r\nhave good moral reputation.]\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 20. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp.185-227, Article 2 read with the Schedule, item 16: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution. The colon at \r\nthe end of clause (g) and the semi-colon at the end of sub-Article (2) were replaced by the full \r\nstop during editing.\r\nConstitution: (Amendment) Order, 2007 | 31\r\n 1[63. Disqualifications for membership of Majlis-e-Shoora \r\n(Parliament).− (1) A person shall be disqualified from being elected \r\nor chosen as, and from being, a member of the Majlis-e-Shoora \r\n(Parliament), if − \r\n(a) he is of unsound mind and has been so declared by a \r\ncompetent court; or \r\n(b) he is an undischarged insolvent; or \r\n(c) he ceases to be a citizen of Pakistan, or acquires the \r\ncitizenship of a foreign State; or \r\n(d) he holds an office of profit in the service of Pakistan other \r\nthan an office declared by law not to disqualify its holder; or \r\n(e) he is in the service of any statutory body or any body which \r\nis owned or controlled by the Government or in which the \r\nGovernment has a controlling share or interest; or \r\n(f) being a citizen of Pakistan by virtue of section 14B of the \r\nPakistan Citizenship Act, 1951 (II of 1951), he is for the \r\ntime being disqualified under any law in force in Azad \r\nJammu and Kashmir from being elected as a member of \r\nthe Legislative Assembly of Azad Jammu and Kashmir; or \r\n(g) he has been convicted by a court of competent jurisdiction \r\nfor propagating any opinion, or acting in any manner, \r\nprejudicial to the ideology of Pakistan, or the sovereignty, \r\nintegrity or security of Pakistan, or the integrity or \r\nindependence of the judiciary of Pakistan, or which \r\ndefames or brings into ridicule the judiciary or the Armed \r\nForces of Pakistan, unless a period of five years has \r\nelapsed since his release; or \r\n(h) he has been, on conviction for any offence involving moral \r\nturpitude, sentenced to imprisonment for a term of not less \r\nthan two years, unless a period of five years has elapsed \r\nsince his release; or \r\n(i) he has been dismissed from the service of Pakistan or \r\nservice of a corporation or office set up or controlled by the \r\nFederal Government, Provincial Government or a Local \r\nGovernment on the ground of misconduct, unless a period \r\nof five years has elapsed since his dismissal; or \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 21. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 16: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n32 | Constitution: (Amendment) Order, 2007\r\n(j) he has been removed or compulsorily retired from the \r\nservice of Pakistan or service of a corporation or office set \r\nup or controlled by the Federal Government, Provincial \r\nGovernment or a Local Government on the ground of \r\nmisconduct, unless a period of three years has elapsed \r\nsince his removal or compulsory retirement; or \r\n(k) he has been in the service of Pakistan or of any statutory \r\nbody or any body which is owned or controlled by the \r\nGovernment or in which the Government has a controlling \r\nshare or interest, unless a period of two years has elapsed \r\nsince he ceased to be in such service; or \r\n(l) he, whether by himself or by any person or body of persons \r\nin trust for him or for his benefit or on his account or as a \r\nmember of a Hindu undivided family, has any share or \r\ninterest in a contract, not being a contract between a \r\ncooperative society and Government, for the supply of \r\ngoods to, or for the execution of any contract or for the \r\nperformance of any service undertaken by, Government: \r\nProvided that the disqualification under this paragraph shall \r\nnot apply to a person −\r\n(i) where the share or interest in the contract devolves on \r\nhim by inheritance or succession or as a legatee, \r\nexecutor or administrator, until the expiration of six \r\nmonths after it has so devolved on him; \r\n(ii) where the contract has been entered into by or on \r\nbehalf of a public company as defined in the \r\nCompanies Ordinance, 1984 (XLVII of 1984), of which \r\nhe is a shareholder but is not a director holding an \r\noffice of profit under the company; or \r\n(iii) where he is a member of a Hindu undivided family and \r\nthe contract has been entered into by any other \r\nmember of that family in the course of carrying on a \r\nseparate business in which he has no share or interest; \r\nExplanation.− In this Article “goods” does not \r\ninclude agricultural produce or commodity grown or \r\nproduced by him or such goods as he is, under any \r\ndirective of Government or any law for the time being in \r\nforce, under a duty or obligation to supply; or \r\n(m)he holds any office of profit in the service of Pakistan other \r\nthan the following offices, namely:− \r\n(i) an office which is not whole time office remunerated \r\neither by salary or by fee; \r\nConstitution: (Amendment) Order, 2007 | 33\r\n(ii) the office of Lumbardar, whether called by this or any \r\nother title; \r\n(iii) the Qaumi Razakars; \r\n(iv) any office the holder whereof, by virtue of such office, is \r\nliable to be called up for military training or military \r\nservice under any law providing for the constitution or \r\nraising of a Force; or \r\n(n) he has obtained a loan for an amount of two million rupees \r\nor more, from any bank, financial institution, cooperative \r\nsociety or cooperative body in his own name or in the \r\nname of his spouse or any of his dependents, which \r\nremains unpaid for more than one year from the due date, \r\nor has got such loan written off; or \r\n(o) he or his spouse or any of his dependents has defaulted in \r\npayment of government dues and utility expenses, \r\nincluding telephone, electricity, gas and water charges in \r\nexcess of ten thousand rupees, for over six months, at the \r\ntime of filing his nomination papers; or \r\n(p) he is for the time being disqualified from being elected or \r\nchosen as a member of the Majlis-e-Shoora (Parliament) or \r\nof a Provincial Assembly under any law for the time being \r\ninforce. \r\nExplanation.− For the purposes of this paragraph “law” \r\nshall not include an Ordinance promulgated under Article \r\n89 or Article 128. \r\n(2) If any question arises whether a member of the Majlis-e-\r\nShoora (Parliament) has become disqualified from being a member, \r\nthe Speaker or, as the case may be, the Chairman shall, unless he \r\ndecides that no such question has arisen, refer the question to the \r\nElection Commission within thirty days and if he fails to do so within \r\nthe aforesaid period it shall be deemed to have been referred to the \r\nElection Commission. \r\n(3) The Election Commission shall decide the question within \r\nninety days from its receipt or deemed to have been received and if it \r\nis of the opinion that the member has become disqualified, he shall \r\ncease to be a member and his seat shall become vacant.]\r\n1[63A. Disqualification on grounds of defection, etc .− (1) If a \r\nmember of a Parliamentary Party composed of a single political party \r\nin a House − \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 22. It was earlier inserted by the Constitution (Fourteenth \r\nAmendment) Act, 1997 (XXIV of 1997); assented to by the President on 3 July 1997; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 4 July 1997, pp. 1495-1497, s. 2.\r\n34 | Constitution: (Amendment) Order, 2007\r\n(a) resigns from membership of his political party or joins \r\nanother Parliamentary Party; or \r\n(b) votes or abstains from voting in the House contrary to any \r\ndirection issued by the Parliamentary Party to which he \r\nbelongs, in relation to − \r\n(i) election of the Prime Minister or the Chief Minister; or \r\n(ii) a vote of confidence or a vote of no-confidence; or \r\n(iii) a Money Bill or a Constitution (Amendment) Bill; \r\nhe may be declared in writing by the Party Head to have defected \r\nfrom the political party, and the Party Head may forward a copy of the \r\ndeclaration to the Presiding Officer and the Chief Election \r\nCommissioner and shall similarly forward a copy thereof to the \r\nmember concerned: \r\nProvided that before making the declaration, the Party Head shall \r\nprovide such member with an opportunity to show cause as to why \r\nsuch declaration may not be made against him. \r\nExplanation.− “Party Head” means any person, by whatever name \r\ncalled, declared as such by the Party. \r\n(2) A member of a House shall be deemed to be a member of a \r\nParliamentary Party if he, having been elected as a candidate or \r\nnominee of a political party which constitutes the Parliamentary Party \r\nin the House or, having been elected otherwise than as a candidate or \r\nnominee of a political party, has become a member of such \r\nParliamentary Party after such election by means of a declaration in \r\nwriting. \r\n(3) Upon receipt of the declaration under clause (1), the Presiding \r\nOfficer of the House shall within two days refer, and in case he fails to \r\ndo so it shall be deemed that he has referred, the declaration to the \r\nChief Election Commissioner who shall lay the declaration before the \r\nElection Commission for its decision thereon confirming the \r\ndeclaration or otherwise within thirty days of its receipt by the Chief \r\nElection Commissioner. \r\n(4) Where the Election Commission confirms the declaration, the \r\nmember referred to in clause (1) shall cease to be a member of the \r\nHouse and his seat shall become vacant. \r\n(5) Any party aggrieved by the decision of the Election \r\nCommission may, within thirty days, prefer an appeal to the Supreme \r\nCourt which shall decide the matter within ninety days from the date of \r\nthe filing of the appeal. \r\n(6) Nothing contained in this Article shall apply to the Chairman or \r\nSpeaker of a House. \r\n(7) For the purpose of this Article,− \r\nConstitution: (Amendment) Order, 2007 | 35\r\n(a) \"House\" means the National Assembly or the Senate, in \r\nrelation to the Federation; and a Provincial Assembly in \r\nrelation to the Province, as the case may be; \r\n(b) \"Presiding Officer\" means the Speaker of the National \r\nAssembly, the Chairman of the Senate or the Speaker of \r\nthe Provincial Assembly, as the case may be. \r\n(8) Article 63A substituted as aforesaid shall come into effect from \r\nthe next general elections to be held after the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010: \r\nProvided that till Article 63A substituted as aforesaid comes into \r\neffect the provisions of existing Article 63A shall remain operative.]\r\n64. Vacation of seats.− (1) A member of 1[Majlis-e-Shoora \r\n(Parliament)] may, by writing under his hand addressed to the \r\nSpeaker or, as the case may be, the Chairman resign his seat, \r\nand thereupon his seat shall become vacant. \r\n(2) A House may declare the seat of a member vacant if, without \r\nleave of the House, he remains absent for forty consecutive days of its \r\nsittings. \r\n65. Oath of members.− A person elected to a House shall not sit or \r\nvote until he has made before the House oath in the form set out \r\nin the Third Schedule. \r\n66. Privileges of members, etc.−(1) Subject to the Constitution\r\nand to the rules of procedure of 2[Majlis-e-Shoora (Parliament)], \r\nthere shall be freedom of speech in 3[Majlis-e-Shoora (Parliament)] \r\nand no member shall be liable to any proceedings in any court in \r\nrespect of anything said or any vote given by him in 4[Majlis-e-\r\nShoora (Parliament)], and no person shall be so liable in respect \r\nof the publication by or under the authority of 5[Majlis-e-Shoora \r\n(Parliament)] of any report, paper, votes or proceedings. \r\n(2) In other respects, the powers, immunities and privileges of \r\n6[Majlis-e-Shoora (Parliament)], and the immunities and privileges of \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n3Ibid.\r\n4Ibid.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n6Ibid.\r\n36 | Constitution: (Amendment) Order, 2007\r\nthe members of 1[Majlis-e-Shoora (Parliament)], shall be such as may \r\nfrom time to time be defined by law and, until so defined, shall be such \r\nas were, immediately before the commencing day, enjoyed by the \r\nNational Assembly of Pakistan and the committees thereof and its \r\nmembers. \r\n(3) Provision may be made by law for the punishment, by a \r\nHouse, of persons who refuse to give evidence or produce documents \r\nbefore a committee of the House when duly required by the chairman \r\nof the committee so to do: \r\nProvided that any such law − \r\n(a) may empower a court to punish a person who refuses to \r\ngive evidence or produce documents; and \r\n(b) shall have effect subject to such Order for safeguarding \r\nconfidential matters from disclosure as may be made by \r\nthe President. \r\n(4) The provisions of this Article shall apply to persons who have \r\nthe right to speak in, and otherwise to take part in the proceedings of, \r\n2[Majlis-e-Shoora (Parliament)] as they apply to members. \r\n(5) In this Article, “ 3[Majlis-e-Shoora (Parliament)]” means either \r\nHouse or a joint sitting, or a committee thereof.\r\nProcedure Generally\r\n67. Rules of Procedure, etc.− (1) Subject to the Constitution, a \r\nHouse may make rules4 for regulating its procedure and the \r\nconduct of its business, and shall have power to act \r\nnotwithstanding any vacancy in the membership thereof, and any \r\nproceedings in the House shall not be invalid on the ground that \r\nsome persons who were not entitled to do so sat, voted or \r\notherwise took part in the proceedings. \r\n(2) Until rules are made under clause (1), the procedure and \r\nconduct of business in a House shall be regulated by the rules of \r\nprocedure made by the President. \r\n1Ibid.\r\n2Ibid.\r\n3Ibid.\r\n4For the Rules of Procedure and Conduct of Business in the Senate 2012, see Gazette of \r\nPakistan (Extraordinary), Part-II, dated: 2 April 2012, pp.1203-1289: the rules have from time to \r\ntime been amended. For the Rules of Procedure and Conduct of Business in the National \r\nAssembly, 2007, see Gazette of Pakistan (Extraordinary), Part-II, dated: 7 April 2007, pp.1137-\r\n1222: the rules have from time to time been amended. \r\nConstitution: (Amendment) Order, 2007 | 37\r\n68. Restriction on discussion in 1[Majlis-e-Shoora \r\n(Parliament)].− No discussion shall take place in 2[Majlis-e-\r\nShoora (Parliament)] with respect to the conduct of any Judge of \r\nthe Supreme Court or of a High Court in the discharge of his \r\nduties. \r\n69. Courts not to inquire into proceedings of 3[Majlis-e-\r\nShoora (Parliament) ].− (1) The validity of any proceedings in \r\n4[Majlis-e-Shoora (Parliament)] shall not be called in question on \r\nthe ground of any irregularity of procedure. \r\n(2) No officer or member of 5[Majlis-e-Shoora (Parliament)] in \r\nwhom powers are vested by or under the Constitution for regulating \r\nprocedure or the conduct of business, or for maintaining order in 6[Majlis-e-Shoora (Parliament)], shall be subject to the jurisdiction of \r\nany court in respect of the exercise by him of those powers.\r\n(3) In this Article, “ 7[Majlis-e-Shoora (Parliament)]” has the same \r\nmeaning as in Article 66.\r\nLegislative Procedure\r\n 8[70. Introduction and passing of Bills .− (1) A Bill with respect to \r\nany matter in the Federal Legislative List may originate in either \r\nHouse and shall, if it is passed by the House in which it originated, be \r\ntransmitted to the other House; and, if the Bill is passed without \r\namendment by the other House also, it shall be presented to the \r\nPresident for assent. \r\n(2) If a Bill transmitted to a House under clause (1) is passed with \r\namendments it shall be sent back to the House in which it originated \r\nand if that House passes the Bill with those amendments it shall be \r\npresented to the President for assent. \r\n(3) If a Bill transmitted to a House under clause (1) is rejected or is \r\nnot passed within ninety days of its laying in the House or a Bill sent to \r\na House under clause (2) with amendments is not passed by that \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n3Ibid.\r\n4Ibid.\r\n5Ibid.\r\n6Ibid. \r\n7Ibid.\r\n8Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 23.\r\n38 | Constitution: (Amendment) Order, 2007\r\nHouse with such amendments, the Bill, at the request of the House in \r\nwhich it originated, shall be considered in a joint sitting and if passed \r\nby the votes of the majority of the members present and voting in the \r\njoint sitting it shall be presented to the President for assent. \r\n(4) In this Article and the succeeding provisions of the \r\nConstitution, “Federal Legislative List” means the Federal Legislative \r\nList in the Fourth Schedule.]\r\n 1[71. Mediation Committee.− * * * * ]\r\n72. Procedure at joint sittings .− (1) The President, after \r\nconsultation with the Speaker of the National Assembly and the \r\nChairman, may make rules2 as to the procedure with respect to the \r\njoint sittings of, and communications between, the two Houses.\r\n(2) At a joint sitting, the Speaker of the National Assembly or, in \r\nhis absence, such person as may be determined by the rules made \r\nunder clause (1), shall preside. \r\n(3) The rules made under clause (1) shall be laid before a joint \r\nsitting and may be added to, varied, amended or replaced at a joint \r\nsitting. \r\n(4) Subject to the Constitution , all decisions at a joint sitting shall \r\nbe taken by the votes of the majority of the members present and \r\nvoting. \r\n73. Procedure with respect to Money Bills .− 3[(1) \r\nNotwithstanding anything contained in Article 70, a Money Bill \r\nshall originate in the National Assembly: \r\nProvided that simultaneously when a Money Bill, including the \r\nFinance Bill containing the Annual Budget Statement, is presented in \r\nthe National Assembly, a copy thereof shall be transmitted to the \r\nSenate which may, within fourteen days, make recommendations \r\nthereon to the National Assembly.]\r\n4[(1A) The National Assembly shall consider the recommendations of \r\nthe Senate and after the Bill has been passed by the Assembly with or \r\n1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 24. It was earlier added by the Legal Framework Order, 2002 (Chief \r\nExecutive’s Order No. 24 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: \r\n21 August 2002, pp.1031-1049, Article 10. The said Order was declared as without lawful \r\nauthority and of no legal effect by Article 270AA of the Constitution.\r\n2For the Parliament (Joint Sitting), Rules 1973, see Gazette of Pakistan (Extraordinary), Part-II, \r\ndated: 8 August 1973, pp.1657-1672.\r\n3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 25.\r\n4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 25.\r\nConstitution: (Amendment) Order, 2007 | 39\r\nwithout incorporating the recommendations of the Senate, it shall be \r\npresented to the President for assent.]\r\n(2) For the purpose of this Chapter, a Bill or amendment shall be \r\ndeemed to be a Money Bill if it contains provisions dealing with all or \r\nany of the following matters, namely: − \r\n(a) the imposition, abolition, remission, alteration or regulation \r\nof any tax; \r\n(b) the borrowing of money, or the giving of any guarantee, by \r\nthe Federal Government, or the amendment of the law \r\nrelating to the financial obligations of that Government; \r\n(c) the custody of the Federal Consolidated Fund, the payment \r\nof moneys into, or the issue of moneys from, that Fund; \r\n(d) the imposition of a charge upon the Federal Consolidated \r\nFund, or the abolition or alteration of any such charge; \r\n(e) the receipt of moneys on account of the Public Account of \r\nthe Federation, the custody or issue of such moneys; \r\n(f) the audit of the accounts of the Federal Government or a \r\nProvincial Government; and \r\n(g) any matter incidental to any of the matters specified in the \r\npreceding paragraphs.\r\n(3) A Bill shall not be deemed to be a Money Bill by reason only \r\nthat it provides − \r\n(a) for the imposition or alteration of any fine or other \r\npecuniary penalty, or for the demand or payment of a \r\nlicence fee or a fee or charge for any service rendered; or \r\n(b) for the imposition, abolition, remission, alteration or \r\nregulation of any tax by any local authority or body for local \r\npurposes. \r\n(4) If any question arises whether a Bill is a Money Bill or not, the \r\ndecision of the Speaker of the National Assembly thereon shall be \r\nfinal. \r\n(5) Every Money Bill presented to the President for assent shall \r\nbear a certificate under the hand of the Speaker of the National \r\nAssembly that it is a Money Bill, and such certificate shall be \r\nconclusive for all purposes and shall not be called in question. \r\n74. Federal Government's consent required for financial \r\nmeasures.− A Money Bill, or a Bill or amendment which if \r\nenacted and brought into operation would involve expenditure \r\nfrom the Federal Consolidated Fund or withdrawal from the Public \r\nAccount of the Federation or affect the coinage or currency of \r\nPakistan or the constitution or functions of the State Bank of \r\n40 | Constitution: (Amendment) Order, 2007\r\nPakistan shall not be introduced or moved in 1[Majlis-e-Shoora \r\n(Parliament)] except by or with the consent of the Federal \r\nGovernment. \r\n 2[75. President's assent to Bills .− (1) When a Bill is presented to \r\nthe President for assent, the President shall, within 3[ten] days,−\r\n(a) assent to the Bill; or \r\n(b) in the case of a Bill other than a Money Bill, return the Bill \r\nto the Majlis-e-Shoora (Parliament) with a message \r\nrequesting that the Bill or any specified provision thereof, \r\nbe reconsidered and that any amendment specified in the \r\nmessage be considered. \r\n4[(2) When the President has returned a Bill to the Majlis-e-Shoora \r\n(Parliament), it shall be reconsidered by the Majlis-e-Shoora \r\n(Parliament) in joint sitting and, if it is again passed, with or without \r\namendment, by the Majlis-e-Shoora (Parliament), by the votes of the \r\nmajority of the members of both Houses present and voting, it shall be \r\ndeemed for the purposes of the Constitution to have been passed by \r\nboth Houses and shall be presented to the President, and the \r\nPresident shall give his assent within ten days, failing which such \r\nassent shall be deemed to have been given.]\r\n(3) When the President has assented 5[or is deemed to have \r\nassented] to a Bill, it shall become law and be called an Act of Majlis-\r\ne-Shoora (Parliament). \r\n(4) No Act of Majlis-e-Shoora (Parliament), and no provision in \r\nany such Act, shall be invalid by reason only that some \r\nrecommendation, previous sanction or consent required by the \r\nConstitution was not given if that Act was assented to in accordance \r\nwith the Constitution.] \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted ibid, item 19.\r\n3Substituted for the word “thirty” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s.26. The word “forty-five” was substituted by \r\nthe Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the President on \r\n9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 \r\nNovember 1985, pp. 403-410, s. 8.\r\n4Substituted ibid. It was earlier substituted by the Constitution (Eighth Amendment) Act, 1985 \r\n(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 8.\r\n5Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 26. \r\nConstitution: (Amendment) Order, 2007 | 41\r\n76. Bill not to lapse on prorogation, etc .− (1) A Bill pending in \r\neither House shall not lapse by reason of the prorogation of the \r\nHouse. \r\n(2) A Bill pending in the Senate which has not been passed by the \r\nNational Assembly shall not lapse on the dissolution of the National \r\nAssembly. \r\n(3) A Bill pending in the National Assembly, or a Bill which having \r\nbeen passed by the National Assembly is pending in the Senate, shall \r\nlapse on the dissolution of the National Assembly. \r\n77. Tax to be levied by law only .− No tax shall be levied for the \r\npurposes of the Federation except by or under the authority of Act \r\nof 1[Majlis-e-Shoora (Parliament)]. \r\nFinancial Procedure\r\n78. Federal Consolidated Fund and Public Account .− (1) All \r\nrevenues received by the Federal Government, all loans raised by \r\nthat Government and all moneys received by it in repayment of \r\nany loan, shall form part of a consolidated fund, to be known as \r\nthe Federal Consolidated Fund. \r\n(2) All other moneys − \r\n(a) received by or on behalf of the Federal Government; or \r\n(b) received by or deposited with the Supreme Court or any \r\nother court established under the authority of the \r\nFederation; \r\nshall be credited to the Public Account of the Federation.\r\n79. Custody, etc., of Federal Consolidated Fund and Public \r\nAccount.− The custody of the Federal Consolidated Fund, the \r\npayment of moneys into that Fund, the withdrawal of moneys \r\ntherefrom, the custody of other moneys received by or on behalf of \r\nthe Federal Government, their payment into, and withdrawal from, \r\nthe Public Account of the Federation, and all matters connected \r\nwith or ancillary to the matters aforesaid shall be regulated by Act \r\nof 2[Majlis-e-Shoora (Parliament)] or, until provision in that behalf is \r\nso made, by rules made by the President. \r\n80. Annual Budget Statement.− (1) The Federal Government shall, \r\nin respect of every financial year, cause to be laid before the \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n42 | Constitution: (Amendment) Order, 2007\r\nNational Assembly a statement of the estimated receipts and \r\nexpenditure of the Federal Government for that year, in this Part \r\nreferred to as the Annual Budget Statement. \r\n(2) The Annual Budget Statement shall show separately − \r\n(a) the sums required to meet expenditure described by the \r\nConstitution as expenditure charged upon the Federal \r\nConsolidated Fund; and \r\n(b) the sums required to meet other expenditure proposed to \r\nbe made from the Federal Consolidated Fund; and shall \r\ndistinguish expenditure on revenue account from other \r\nexpenditure. \r\n81. Expenditure charged upon Federal Consolidated Fund .− \r\nThe following expenditure shall be expenditure charged upon the \r\nFederal Consolidated Fund:− \r\n(a) the remuneration payable to the President and other \r\nexpenditure relating to his office, and the remuneration \r\npayable to − \r\n(i) the Judges of the Supreme Court 1[and the Islamabad \r\nHigh Court];\r\n(ii) the Chief Election Commissioner;\r\n(iii) the Chairman and the Deputy Chairman;\r\n(iv) the Speaker and the Deputy Speaker of the National \r\nAssembly;\r\n(v) the Auditor-General;\r\n 2[(b) the administrative expenses, including the remuneration \r\npayable to officers and 3[staff], of the Supreme Court, the \r\nIslamabad High Court, the department of the Auditor-\r\nGeneral, the Office of the Chief Election Commissioner \r\nand of the Election Commission and the Secretariats of the \r\nSenate and the National Assembly;]\r\n(c) all debt charges for which the Federal Government is \r\nliable, including interest, sinking fund charges, the \r\nrepayment or amortisation of capital, and other expenditure \r\n1Added by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the \r\nPresident on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 \r\nJanuary 2011, pp. 1-4, s. 2.\r\n2Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by \r\nthe President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 2011, pp. 1-4, s. 2.\r\n3Substituted for the word “servants” by the Constitution (Twenty-second Amendment) Act, 2016 \r\n(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 2. \r\nConstitution: (Amendment) Order, 2007 | 43\r\nin connection with the raising of loans, and the service and \r\nredemption of debt on the security of the Federal \r\nConsolidated Fund; \r\n(d) any sums required to satisfy any judgment, decree or \r\naward against Pakistan by any court or tribunal; and \r\n(e) any other sums declared by the Constitution or by Act of \r\n1[Majlis-e-Shoora (Parliament)] to be so charged. \r\n82. Procedure relating to Annual Budget Statement .− (1) So \r\nmuch of the Annual Budget Statement as relates to expenditure \r\ncharged upon the Federal Consolidated Fund may be discussed \r\nin, but shall not be submitted to the vote of, the National \r\nAssembly.\r\n(2) So much of the Annual Budget Statement as relates to other \r\nexpenditure shall be submitted to the National Assembly in the form of \r\ndemands for grants, and the Assembly shall have power to assent to, \r\nor to refuse to assent to, any demand, or to assent to any demand \r\nsubject to a reduction of the amount specified therein:\r\nProvided that, for a period of ten years from the commencing day \r\nor the holding of the second general election to the National \r\nAssembly, whichever occurs later, a demand shall be deemed to have \r\nbeen assented to without any reduction of the amount specified \r\ntherein, unless, by the votes of a majority of the total membership of \r\nthe Assembly, it is refused or assented to subject to a reduction of the \r\namount specified therein.\r\n(3) No demand for a grant shall be made except on the \r\nrecommendation of the Federal Government. \r\n83. Authentication of schedule of authorised expenditure .− \r\n(1) The Prime Minister shall authenticate by his signature a \r\nschedule specifying − \r\n(a) the grants made or deemed to have been made by the \r\nNational Assembly under Article 82, and \r\n(b) the several sums required to meet the expenditure charged \r\nupon the Federal Consolidated Fund but not exceeding, in \r\nthe case of any sum, the sum shown in the statement \r\npreviously laid before the National Assembly.\r\n(2) The schedule so authenticated shall be laid before the National \r\nAssembly, but shall not be open to discussion or vote thereon. \r\n(3) Subject to the Constitution , no expenditure from the Federal \r\nConsolidated Fund shall be deemed to be duly authorised unless it is \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n44 | Constitution: (Amendment) Order, 2007\r\nspecified in the schedule so authenticated and such schedule is laid \r\nbefore the National Assembly as required by clause (2). \r\n84. Supplementary and excess grants .− If in respect of any \r\nfinancial year it is found − \r\n(a) that the amount authorized to be expended for a particular \r\nservice for the current financial year is insufficient, or that a \r\nneed has arisen for expenditure upon some new service \r\nnot included in the Annual Budget Statement for that year; \r\nor \r\n(b) that any money has been spent on any service during a \r\nfinancial year in excess of the amount granted for that \r\nservice for that year; \r\nthe Federal Government shall have power to authorize expenditure \r\nfrom the Federal Consolidated Fund, whether the expenditure is \r\ncharged by the Constitution upon that Fund or not, and shall cause to \r\nbe laid before the National Assembly a Supplementary Budget \r\nStatement or, as the case may be, an Excess Budget Statement, \r\nsetting out the amount of that expenditure, and the provisions of \r\nArticles 80 to 83 shall apply to those statements as they apply to the \r\nAnnual Budget Statement. \r\n85. Votes on account .− Notwithstanding anything contained in the \r\nforegoing provisions relating to financial matters, the National \r\nAssembly shall have power to make any grant in advance in \r\nrespect of the estimated expenditure for a part of any financial \r\nyear, not exceeding four months, pending completion of the \r\nprocedure prescribed in Article 82 for the voting of such grant and \r\nthe authentication of the schedule of authorized expenditure in \r\naccordance with the provisions of Article 83 in relation to the \r\nexpenditure. \r\n86. Power to authorize expenditure when Assembly stands \r\ndissolved.− Notwithstanding anything contained in the foregoing \r\nprovisions relating to financial matters, at any time when the \r\nNational Assembly stands dissolved, the Federal Government may \r\nauthorize expenditure from the Federal Consolidated Fund in \r\nrespect of the estimated expenditure for a period not exceeding \r\nfour months in any financial year, pending completion of the \r\nprocedure prescribed in Article 82 for the voting of grants and the \r\nauthentication of the schedule of authorized expenditure in \r\naccordance with the provisions of Article 83 in relation to the \r\nexpenditure. \r\nConstitution: (Amendment) Order, 2007 | 45\r\n87. Secretariats 1[of] 2[Majlis-e-Shoora (Parliament)].− (1) Each \r\nHouse shall have a separate Secretariat: \r\nProvided that nothing in this clause shall be construed as \r\npreventing the creation of posts common to both Houses.\r\n(2) 3[Majlis-e-Shoora (Parliament)] may by law regulate the \r\nrecruitment and the conditions of service of persons appointed to the \r\nsecretarial staff of either House. \r\n(3) Until provision is made by 4[Majlis-e-Shoora (Parliament)] \r\nunder clause (2), the Speaker or, as the case may be, the Chairman \r\nmay, with the approval of the President, make rules 5 regulating the \r\nrecruitment, and the conditions of service, of persons appointed to the \r\nsecretarial staff of the National Assembly or the Senate. \r\n88. Finance Committees.− (1) The expenditure of the National \r\nAssembly and the Senate within authorised appropriations shall be \r\ncontrolled by the National Assembly or, as the case may be, the \r\nSenate acting on the advice of its Finance Committee. \r\n(2) The Finance Committee shall consist of the Speaker or, as the \r\ncase may be, the Chairman, the Minister of Finance and such other \r\nmembers as may be elected thereto by the National Assembly or, as \r\nthe case may be, the Senate. \r\n(3) The Finance Committee may make rules6 for regulating its \r\nprocedure.\r\nOrdinances\r\n89. Power of President to promulgate Ordinances .− (1) The \r\nPresident may, except when the 7[Senate or] National Assembly is \r\nin session, if satisfied that circumstances exist which render it \r\n1The word “of” inserted for purposes of editing.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Ibid.\r\n4Ibid.\r\n5For the National Assembly Secretariat (Recruitment) Rules, 1973, see the Gazette of Pakistan \r\n(Extraordinary), Part-II, dated: 7 October 1973, pp.2279-2286. For the Senate Secretariat \r\n(Recruitment) Rules, 1973, see the Gazette of Pakistan (Extraordinary), Part-II, dated: 7 \r\nNovember 1973, pp.2301-2307.\r\n6For the National Assembly (Finance Committee) Rules, 1973, see the Gazette of Pakistan \r\n(Extraordinary), Part-II, date: 8 December 1973, pp.2451-2454. For the Senate (Finance \r\nCommittee) Rules, 1973, see the Gazette of Pakistan (Extraordinary), Part-II, dated: 15 \r\nDecember 1973, pp.2479-2482.\r\n7Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 27.\r\n46 | Constitution: (Amendment) Order, 2007\r\nnecessary to take immediate action, make and promulgate an \r\nOrdinance as the circumstances may require.\r\n(2) An Ordinance promulgated under this Article shall have the \r\nsame force and effect as an Act of 1[Majlis-e-Shoora (Parliament)] and \r\nshall be subject to like restrictions as the power of 2[Majlis-e-Shoora \r\n(Parliament)] to make law, but every such Ordinance − \r\n(a) shall be laid − \r\n(i) before the National Assembly if it 3[contains provisions \r\ndealing with all or any of the matters specified in clause \r\n(2) of Article 73], and shall stand repealed at the \r\nexpiration of 4[one hundred and twenty days] from its \r\npromulgation or, if before the expiration of that period a \r\nresolution disapproving it is passed by the Assembly, \r\nupon the passing of that resolution 5[:]\r\n6[Provided that the National Assembly may by a \r\nresolution extend the Ordinance for a further period of \r\none hundred and twenty days and it shall stand \r\nrepealed at the expiration of the extended period, or if \r\nbefore the expiration of that period a resolution \r\ndisapproving it is passed by the Assembly, upon the \r\npassing of that resolution: \r\nProvided further that extension for further period \r\nmay be made only once.]\r\n(ii) before both Houses if it 7[does not contain provisions \r\ndealing with any of the matters referred to in sub-\r\nparagraph (i)], and shall stand repealed at the \r\nexpiration of 8[one hundred and twenty days] from its \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n3Substituted for the expression “is with respect to a mater in Part I of the Federal Legislative List” \r\nby the Constitution (Second Amendment) Order,1985 (20 of 1985), published in the Gazette of \r\nPakistan (Extraordinary), dated: 17 March 1985, pp. 181-183, Article 2: the Order was saved \r\nunder Article 270A of the Constitution.\r\n4Substituted for the words “four months” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 27.\r\n5Substituted ibid, for the “semi-colon”.\r\n6Inserted ibid.\r\n7Substituted for the expression “is with respect to a mater in Part II of the Federal Legislative List \r\nor a matter in the Concurrent Legislative List” by the Constitution (Second Amendment) Order, \r\n1985 (20 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, \r\npp. 181-183, Article 2: the Order was saved under Article 270A of the Constitution.\r\n8Substituted for the words “four months” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 27.\r\nConstitution: (Amendment) Order, 2007 | 47\r\npromulgation or, if before the expiration of that period a \r\nresolution disapproving it is passed by either House, \r\nupon the passing of that resolution 1[:]\r\n2[Provided that either House may by a resolution \r\nextend it for a further period of one hundred and twenty \r\ndays and it shall stand repealed at the expiration of the \r\nextended period, or if before the expiration of that \r\nperiod a resolution disapproving it is passed by a \r\nHouse, upon the passing of that resolution: \r\nProvided further that extension for a further period \r\nmay be made only once.]\r\n(b) may be withdrawn at any time by the President.\r\n3[(3) Without prejudice to the provisions of clause (2),− \r\n(a) an Ordinance laid before the National Assembly under sub-\r\nparagraph (i) of paragraph (a) of clause (2) shall be \r\ndeemed to be a Bill introduced in the National Assembly; \r\nand \r\n(b) an Ordinance laid before both Houses under sub-\r\nparagraph (ii) of paragraph (a) of clause (2) shall be \r\ndeemed to be a Bill introduced in the House where it was \r\nfirst laid.]\r\nChapter 3\r\nFederal Government\r\n 4[90. The Federal Government.− (1) Subject to the Constitution, the \r\nexecutive authority of the Federation shall be exercised in the name of \r\nthe President by the Federal Government, consisting of the Prime \r\nMinister and the Federal Ministers, which shall act through the Prime \r\nMinister, who shall be the chief executive of the Federation. \r\n(2) In the performance of his functions under the Constitution , the \r\nPrime Minster may act either directly or through the Federal Ministers.]\r\n1Substituted ibid, for the expression “; and”.\r\n2Inserted ibid. \r\n3Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 27.\r\n4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 28. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 20: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution.\r\nThe\r\n48 | Constitution: (Amendment) Order, 2007\r\n 1[91. The Cabinet .− (1) There shall be a Cabinet of Ministers, with \r\nthe Prime Minister at its head, to aid and advise the President in the \r\nexercise of his functions. \r\n(2) The National Assembly shall meet on the twenty-first day \r\nfollowing the day on which a general election to the Assembly is held, \r\nunless sooner summoned by the President. \r\n(3) After the election of the Speaker and the Deputy Speaker, the \r\nNational Assembly shall, to the exclusion of any other business, \r\nproceed to elect without debate one of its Muslim members to be the \r\nPrime Minister. \r\n(4) The Prime Minister shall be elected by the votes of the majority \r\nof the total membership of the National Assembly: \r\nProvided that, if no member secures such majority in the first poll, a \r\nsecond poll shall be held between the members who secure the two \r\nhighest numbers of votes in the first poll and the member who secures \r\na majority of votes of the members present and voting shall be \r\ndeclared to have been elected as Prime Minister: \r\nProvided further that, if the number of votes secured by two or \r\nmore members securing the highest number of votes is equal, further \r\npoll shall be held between them until one of them secures a majority of \r\nvotes of the members present and voting. \r\n(5) The member elected under clause (4) shall be called upon by \r\nthe President to assume the office of Prime Minister and he shall, \r\nbefore entering upon the office, make before the President oath in the \r\nform set out in the Third Schedule: \r\nProvided that there shall be no restriction on the number of terms \r\nfor the office of the Prime Minister. \r\n(6) The Cabinet, together with the Ministers of State, shall be \r\ncollectively responsible to the Senate and the National Assembly. \r\n(7) The Prime Minister shall hold office during the pleasure of the \r\nPresident, but the President shall not exercise his powers under this \r\nclause unless he is satisfied that the Prime Minister does not \r\ncommand the confidence of the majority of the members of the \r\nNational Assembly, in which case he shall summon the National \r\nAssembly and require the Prime Minister to obtain a vote of \r\nconfidence from the Assembly. \r\n(8) The Prime Minister may, by writing under his hand addressed \r\nto the President, resign his office. \r\n(9) A Minister who for any period of six consecutive months is not \r\na member of the National Assembly shall, at the expiration of that \r\nperiod, cease to be a Minister and shall not before the dissolution of \r\n1Ibid, s. 29.\r\nConstitution: (Amendment) Order, 2007 | 49\r\nthat Assembly be again appointed a Minister unless he is elected a \r\nmember of that Assembly: \r\nProvided that nothing contained in this clause shall apply to a \r\nMinister who is member of the Senate. \r\n(10) Nothing contained in this Article shall be construed as \r\ndisqualifying the Prime Minister or any other Minister or a Minister of \r\nState for continuing in office during any period during which the \r\nNational Assembly stands dissolved, or as preventing the appointment \r\nof any person as Prime Minister or other Minister or a Minister of State \r\nduring any such period.] \r\n 1[92. Federal Ministers and Ministers of State .− (1) Subject to \r\nclauses 2[(9) and (10)] of Article 91, the President shall appoint \r\nFederal Ministers and Ministers of State from amongst the members \r\nof Majlis-e-Shoora (Parliament) on the advice of the Prime Minister: \r\nProvided that the number of Federal Ministers and Ministers of State \r\nwho are members of the Senate shall not at any time exceed one-\r\nfourth of the number of Federal Ministers 3[:]\r\n4[Provided further that the total strength of the Cabinet, including \r\nMinisters of State, shall not exceed eleven percent of the total \r\nmembership of Majlis-e-Shoora (Parliament): \r\nProvided also that the aforesaid amendment shall be effective \r\nfrom the next general election held after the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010.]\r\n(2) Before entering upon office, a Federal Minister or Minister of \r\nState shall make before the President oath in the form set out in the \r\nThird Schedule. \r\n(3) A Federal Minister or Minister of State may, by writing under \r\nhis hand addressed to the President, resign his office or may be \r\nremoved from office by the President on the advice of the Prime \r\nMinister.]\r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, Article \r\n2 read with the Schedule, item 20: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Substituted for the expression “(7) and (8)” by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 30.\r\n3Substituted ibid, for the “full-stop”.\r\n4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 30.\r\n50 | Constitution: (Amendment) Order, 2007\r\n1[93. Advisers .− (1) The President may, on the advice of the Prime \r\nMinister, appoint not more than five Advisers, on such terms and \r\nconditions as he may determine. \r\n(2) The provisions of Article 57 shall also apply to an Adviser.]\r\n 2[94. Prime Minister continuing in office .− The President may \r\nask the Prime Minister to continue to hold office until his successor \r\nenters upon the office of Prime Minister.]\r\n 3[95. Vote of no-confidence against Prime Minister .− (1) A \r\nresolution for a vote of no-confidence moved by not less than twenty \r\nper centum of the total membership of the National Assembly may be \r\npassed against the Prime Minister by the National Assembly. \r\n(2) A resolution referred to in clause (1) shall not be voted upon \r\nbefore the expiration of three days, or later than seven days, from the \r\nday on which such resolution is moved in the National Assembly. \r\n(3) A resolution referred to in clause (1) shall not be moved in the \r\nNational Assembly while the National Assembly is considering \r\ndemands for grants submitted to it in the Annual Budget Statement. \r\n(4) If the resolution referred to in clause (1) is passed by a majority \r\nof the total membership of the National Assembly, the Prime Minister \r\nshall cease to hold office.]\r\n 4[96. Vote of no-confidence against Prime Minister.− * * ]\r\n 5[96A. Referendum as to confidence in Prime Minister. − * * ]\r\n97. Extent of executive authority of Federation.− Subject to the \r\nConstitution, the executive authority of the Federation shall extend \r\nto the matters with respect to which 6[Majlis-e-Shoora (Parliament)] \r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 20: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Ibid.\r\n3Ibid.\r\n4Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 20: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n5Inserted by the Constitution (Seventh Amendment) Act, 1977 (XXIII of 1977); assented to by the \r\nPresident on 16 May 1977; and, published the same day in the Gazette of Pakistan \r\n(Extraordinary), dated: 16 May 1977, pp. 254-255, s. 2; however, it ceased to have effect on the \r\nthirtieth day of September 1977 by virtue of the sunset clause contained in subsection (3) of \r\nsection 1 of the said Act.\r\n6Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227 Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 51\r\nhas power to make laws, including exercise of rights, authority and \r\njurisdiction in and in relation to areas outside Pakistan: \r\nProvided that the said authority shall not, save as expressly \r\nprovided in the Constitution or in any law made by 1[Majlis-e-Shoora \r\n(Parliament)], extend in any Province to a matter with respect to which \r\nthe Provincial Assembly has also power to make laws.\r\n98. Conferring of functions on subordinate authorities .− On \r\nthe recommendation of the Federal Government, 2[Majlis-e-Shoora \r\n(Parliament)] may by law confer functions upon officers or \r\nauthorities subordinate to the Federal Government. \r\n 3[99. Conduct of business of Federal Government .− (1) All \r\nexecutive actions of the Federal Government shall be expressed to be \r\ntaken in the name of the President. \r\n(2) The 4[Federal Government] shall by rules specify the manner in \r\nwhich orders and other instruments made and executed 5[in the name \r\nof the President] shall be authenticated, and the validity of any order \r\nor instrument so authenticated shall not be questioned in any court on \r\nthe ground that it was not made or executed by the President. \r\n6[(3) The Federal Government shall also make rules for the \r\nallocation and transaction of its business.]]\r\n100. Attorney-General for Pakistan.−(1) The President shall \r\nappoint a person, being a person qualified to be appointed a \r\nJudge of the Supreme Court, to be the Attorney-General for \r\nPakistan. \r\n(2) The Attorney-General shall hold office during the pleasure of \r\nthe President 7[and shall not engage in private practice so long as he \r\nholds the office of the Attorney-General].\r\n(3) It shall be the duty of the Attorney-General to give advice to \r\nthe Federal Government upon such legal matters, and to perform such \r\nother duties of a legal character as may be referred or assigned to him \r\n1Ibid. \r\n2Ibid.\r\n3Substituted ibid, item 21.\r\n4Substituted for the word “President” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 31.\r\n5Substituted ibid, for the words “in his name”.\r\n6Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 31.\r\n7Added ibid, s. 32.\r\n52 | Constitution: (Amendment) Order, 2007\r\nby the Federal Government, and in the performance of his duties he \r\nshall have the right of audience in all courts and tribunals in Pakistan. \r\n(4) The Attorney-General may, by writing under his hand \r\naddressed to the President, resign his office.\r\nPART IV\r\nProvinces\r\nChapter 1\r\n Governors\r\n101. Appointment of Governor.− 1[(1) There shall be a Governor \r\nfor each Province, who shall be appointed by the President on the \r\nadvice of the Prime Minister.]\r\n(2) A person shall not be appointed a Governor unless he is \r\nqualified to be elected as member of the National Assembly and is not \r\nless than thirty-five years of age 2[and is a registered voter and \r\nresident of the Province concerned] 3[:]\r\n4[ * * * * * * ]\r\n 5[2A * * * * * * ]\r\n(3) The Governor shall hold office during the pleasure of the \r\nPresident 6[and shall be entitled to such salary, allowances and \r\nprivileges as the President may determine]. \r\n(4) The Governor may, by writing under his hand addressed to the \r\nPresident, resign his office. \r\n1Substituted ibid, s. 33.\r\n2Added ibid.\r\n3Substituted for the “full-stop” by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); \r\nassented to by the President on 13 September 1976; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 15 September 1976, pp. 511-515, s. 2.\r\n4Proviso omitted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to \r\nby the President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 11 November 1985, pp. 403-410, s. 11. It was earlier added by the Constitution (Fifth \r\nAmendment) Act, 1976 (LXII of 1976); assented to by the President on 13 September 1976; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 2.\r\n5Omitted ibid. It was earlier added by the Constitution (Fifth Amendment) Act, 1976 (LXII of \r\n1976); assented to by the President on 13 September 1976; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 15 September, 1976, pp. 511-515, s. 2.\r\n6Added by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 6.\r\nThe\r\nConstitution: (Amendment) Order, 2007 | 53\r\n1[(5) The President may make such provision as he thinks fit for the \r\ndischarge of the functions of a Governor 2[in any contingency not \r\nprovided for in this Part].]\r\n102. Oath of office .− Before entering upon office, the Governor \r\nshall make before the Chief Justice of the High Court oath in the \r\nform set out in the Third Schedule. \r\n103. Conditions of Governor's office .− (1) The Governor shall \r\nnot hold any office of profit in the service of Pakistan or occupy \r\nany other position carrying the right to remuneration for the \r\nrendering of services. \r\n(2) The Governor shall not be a candidate for election as a \r\nmember of 3[Majlis-e-Shoora (Parliament)] or a Provincial Assembly \r\nand, if a member of 4[Majlis-e-Shoora (Parliament)] or a Provincial \r\nAssembly is appointed as Governor, his seat in 5[Majlis-e-Shoora \r\n(Parliament)] or, as the case may be, the Provincial Assembly shall \r\nbecome vacant on the day he enters upon his office.\r\n 6[104. Speaker Provincial Assembly to act as, or perform \r\nfunctions of Governor in his absence .− When the Governor, by \r\nreason of absence from Pakistan or for any other cause, is unable to \r\nperform his functions, the Speaker of the Provincial Assembly and in \r\nhis absence any other person as the President may nominate shall \r\nperform the functions of Governor until the Governor returns to \r\nPakistan or, as the case may be, resumes his functions.]\r\n 7[105. Governor to act on advice, etc.− (1) Subject to the \r\nConstitution, in the performance of his functions, the Governor shall \r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 22: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n2Added by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the \r\nPresident on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n11 November 1985, pp. 403-410, s. 11.\r\n3Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n4Ibid.\r\n5Ibid.\r\n6Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 34.\r\n7Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 23: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n54 | Constitution: (Amendment) Order, 2007\r\nact 1[on and] in accordance with the advice of the Cabinet 2[or the \r\nChief Minister]:\r\n3[Provided that 4[within fifteen days] the Governor may require the \r\nCabinet or, as the case may be, the Chief Minister to reconsider such \r\nadvice, whether generally or otherwise, and the Governor shall 5[, \r\nwithin ten days,] act in accordance with the advice tendered after such \r\nreconsideration.]\r\n6[* * * * * * * ]\r\n(2) The question whether any, and if so what, advice was \r\ntendered to the Governor by the Chief Minister 7[or the Cabinet] shall \r\nnot be inquired into in, or by, any court, tribunal or other authority. \r\n 8[(3) Where the Governor dissolves the Provincial Assembly, \r\nnotwithstanding anything contained in clause (1), he shall,− \r\n(a) appoint a date, not later than ninety days from the date of \r\ndissolution, for the holding of a general election to the \r\nAssembly; and\r\n(b) appoint a care-taker Cabinet.]\r\n 9[(4) * * * * * * ]\r\n(5) The provisions of clause 10[(2)] of Article 48 shall have effect in \r\nrelation to a Governor as if reference therein to \"President\" were \r\nreference to \"Governor\".]\r\nChapter 2\r\nProvincial Assemblies\r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 35.\r\n2Substituted for the expression “, Chief Minister or appropriate Minister” by the Constitution\r\n(Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the President on 9 November \r\n1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November 1985, pp. \r\n403-410, s. 12.\r\n3Substituted ibid.\r\n4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 35.\r\n5Ibid.\r\n6Second proviso was omitted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); \r\nassented to by the President on 9 November 1985; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 11 November 1985, pp. 403-410, s. 12.\r\n7Substituted ibid, for the expression “, the Cabinet or a Minister”.\r\n8Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 35.\r\n9Omitted ibid.\r\n10Substituted for the brackets and figures “(3)” by the Constitution (Eighth Amendment) Act, 1985 \r\n(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 12.\r\nConstitution: (Amendment) Order, 2007 | 55\r\n 11[106. Constitution of Provincial Assemblies .− (1) Each \r\nProvincial Assembly shall consist of general seats and seats reserved \r\nfor women and non-Muslims as specified herein below.−\r\nGeneral Seats Women Non-\r\nMuslims\r\nTotal\r\nBalochistan 51 11 3 65\r\nKhyber \r\nPakhtunkhwa \r\n99 22 3 124\r\nPunjab 297 66 8 371\r\nSindh 130 29 9 168\r\n(2) A person shall be entitled to vote if − \r\n(a) he is a citizen of Pakistan; \r\n(b) he is not less than eighteen years of age; \r\n(c) his name appears on the electoral roll for any area in the \r\nProvince; and \r\n(d) he is not declared by a competent court to be of unsound \r\nmind.\r\n(3) For the purpose of election to a Provincial Assembly,− \r\n(a) the constituencies for the general seats shall be single \r\nmember territorial constituencies and the members to fill \r\nsuch seats shall be elected by direct and free vote; \r\n(b) each Province shall be a single constituency for all seats \r\nreserved for women and non-Muslims allocated to the \r\nrespective Provinces under clause (1); \r\n(c) the members to fill seats reserved for women and non-\r\nMuslims allocated to a Province under clause (1) shall be \r\nelected in accordance with law through proportional \r\nrepresentation system of political parties' lists of candidates \r\non the basis of the total number of general seats secured \r\nby each political party in the Provincial Assembly: \r\nProvided that for the purpose of this sub-clause, the total \r\nnumber of general seats won by a political party shall \r\ninclude the independent returned candidate or candidates \r\nwho may duly join such political party within three days of \r\nthe publication in the official Gazette of the names of the \r\nreturned candidates.]\r\n107. Duration of Provincial Assembly .− A Provincial Assembly \r\nshall, unless sooner dissolved, continue for a term of five years \r\n11Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s.36: it came into force on 21 August 2002.\r\n56 | Constitution: (Amendment) Order, 2007\r\nfrom the day of its first meeting and shall stand dissolved at the \r\nexpiration of its term. \r\n108. Speaker and Deputy Speaker.− After a general election, a \r\nProvincial Assembly shall, at its first meeting and to the exclusion \r\nof any other business, elect from amongst its members a Speaker \r\nand a Deputy Speaker and, so often as the office of Speaker or \r\nDeputy Speaker becomes vacant, the Assembly shall elect \r\nanother member as Speaker or, as the case may be, Deputy \r\nSpeaker. \r\n109. Summoning and prorogation of Provincial Assembly.− \r\nThe Governor may from time to time − \r\n(a) summon the Provincial Assembly to meet at such time and \r\nplace as he thinks fit; and\r\n(b) prorogue the Provincial Assembly.\r\n110. Right of Governor to address Provincial Assembly .− \r\nThe Governor may address the Provincial Assembly and may for \r\nthat purpose require the attendance of the members. \r\n111. Right to speak in Provincial Assembly .− The Advocate-\r\nGeneral shall have the right to speak and otherwise take part in \r\nthe proceedings of the Provincial Assembly or any committee \r\nthereof of which he may be named a member, but shall not by \r\nvirtue of this Article be entitled to vote. \r\n 1[112. Dissolution of Provincial Assembly .− (1) The Governor \r\nshall dissolve the Provincial Assembly if so advised by the Chief \r\nMinister; and the Provincial Assembly shall, unless sooner dissolved, \r\nstand dissolved at the expiration of forty-eight hours after the Chief \r\nMinister has so advised. \r\nExplanation.− Reference in this Article to ‘Chief Minister’ shall not \r\nbe construed to include reference to a Chief Minister against whom a \r\nnotice of a resolution for a vote of no-confidence has been given in the \r\nProvincial Assembly but has not been voted upon or against whom a \r\nresolution for a vote of no-confidence has been passed. \r\n(2) The Governor may also dissolve the Provincial Assembly in his \r\ndiscretion, but subject to the previous approval of the President, where \r\na vote of no-confidence having been passed against the Chief \r\nMinister, no other member of the Provincial Assembly commands the \r\nconfidence of the majority of the members of the Provincial Assembly \r\nin accordance with the provisions of the Constitution, as ascertained in \r\na session of the Provincial Assembly summoned for the purpose.] \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 37.\r\nConstitution: (Amendment) Order, 2007 | 57\r\n 1[113. Qualifications and disqualifications for membership of \r\nProvincial Assembly .− The qualifications and disqualifications for \r\nmembership of the National Assembly set out in Articles 62 and 63 \r\nshall also apply for membership of a Provincial Assembly as if \r\nreference therein to \"National Assembly\" were a reference to \r\n\"Provincial Assembly\".]\r\n114. Restriction on discussion in Provincial Assembly .− No \r\ndiscussion shall take place in a Provincial Assembly with respect \r\nto the conduct of any Judge of the Supreme Court or of a High \r\nCourt in the discharge of his duties. \r\n115. Provincial Government's consent required for \r\nfinancial measures.− (1) A Money Bill, or a Bill or amendment \r\nwhich if enacted and brought into operation would involve \r\nexpenditure from the Provincial Consolidated Fund or withdrawal \r\nfrom the Public Account of the Province shall not be introduced or \r\nmoved in the Provincial Assembly except by or with the consent of \r\nthe Provincial Government.\r\n(2) For the purpose of this Article, a Bill or amendment shall be \r\ndeemed to be a Money Bill if it contains provisions dealing with all or \r\nany of the following matters, namely:−\r\n(a) the imposition, abolition, remission, alteration or regulation \r\nof any tax;\r\n(b) the borrowing of money, or the giving of any guarantee, by \r\nthe Provincial Government or the amendment of the law \r\nrelating to the financial obligations of that Government;\r\n(c) the custody of the Provincial Consolidated Fund, the \r\npayment of moneys into, or issue of moneys from, that \r\nFund;\r\n(d) the imposition of a charge upon the Provincial \r\nConsolidated Fund, or the abolition or alteration of any \r\nsuch charge;\r\n(e) the receipt of moneys on account of the Public Account of \r\nthe Province, the custody or issue of such moneys; and\r\n(f) any matter incidental to any of the matters specified in the \r\npreceding paragraphs.\r\n(3) A Bill shall not be deemed to be a Money Bill by reason only \r\nthat it provides − \r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 25: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n58 | Constitution: (Amendment) Order, 2007\r\n(a) for the imposition or alteration of any fine or other \r\npecuniary penalty or for the demand or payment of a \r\nlicence fee or a fee or charge for any service rendered; or\r\n(b) for the imposition, abolition, remission, alteration or \r\nregulation of any tax by any local authority or body for local \r\npurposes.\r\n(4) If any question arises whether a Bill is a Money Bill or not, the \r\ndecision of the Speaker of the Provincial Assembly thereon shall be \r\nfinal.\r\n(5) Every Money Bill presented to the Governor for assent shall \r\nbear a certificate under the hand of the Speaker of the Provincial \r\nAssembly that it is a Money Bill and such certificate shall be \r\nconclusive for all purposes and shall not be called in question.\r\n 1[116. Governor's assent to Bills .− (1) When a Bill has been \r\npassed by the Provincial Assembly, it shall be presented to the \r\nGovernor for assent.\r\n(2) When a Bill is presented to the Governor for assent, the \r\nGovernor shall, within 2[ten] days,− \r\n(a) assent to the Bill; or\r\n(b) in the case of a Bill other than a Money Bill, return the Bill \r\nto the Provincial Assembly with a message requesting that \r\nthe Bill, or any specified provision thereof, be reconsidered \r\nand that any amendment specified in the message be \r\nconsidered.\r\n3[(3) When the Governor has returned a Bill to the Provincial \r\nAssembly, it shall be reconsidered by the Provincial Assembly and, if it \r\nis again passed, with or without amendment, by the Provincial \r\nAssembly, by the votes of the majority of the members of the \r\nProvincial Assembly present and voting, it shall be again presented to \r\nthe Governor and the Governor shall 4[give his assent within ten days, \r\nfailing which such assent shall be deemed to have been given].\r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 26: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Substituted for the word “thirty” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 38. It was earlier substituted for the word \r\n“forty-five” by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the \r\nPresident on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n11 November 1985, pp. 403-410, s. 15.\r\n3Substituted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by \r\nthe President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 11 November 1985, pp. 403-410, s. 15.4Substituted for the words “not withhold his assent therefrom” by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 38.\r\nConstitution: (Amendment) Order, 2007 | 59\r\n(4) When the Governor has assented 1[or is deemed to have \r\nassented] to a Bill, it shall become law and be called an Act of \r\nProvincial Assembly.\r\n(5) No Act of a Provincial Assembly, and no provision in any such \r\nAct, shall be invalid by reason only that some recommendation, \r\nprevious sanction or consent required by the Constitution was not \r\ngiven if that Act was assented to in accordance with the Constitution.]\r\n117. Bill not to lapse on prorogation, etc.− (1) A Bill pending in \r\na Provincial Assembly shall not lapse by reason of the prorogation \r\nof the Assembly.\r\n(2) A Bill pending in a Provincial Assembly shall lapse on the \r\ndissolution of the Assembly.\r\nFinancial Procedure\r\n118. Provincial Consolidated Fund and Public Account .− \r\n(1) All revenues received by the Provincial Government, all loans \r\nraised by that Government, and all moneys received by it in \r\nrepayment of any loan, shall form part of a consolidated fund, to \r\nbe known as the Provincial Consolidated Fund.\r\n(2) All other moneys −\r\n(a) received by or on behalf of the Provincial Government; or\r\n(b) received by or deposited with the High Court or any other \r\ncourt established under the authority of the Province;\r\nshall be credited to the Public Account of the Province.\r\n119. Custody, etc., of Provincial Consolidated Fund and \r\nPublic Account .− The custody of the Provincial Consolidated \r\nFund, the payment of moneys into that Fund, the withdrawal of \r\nmoneys therefrom, the custody of other moneys received by or on \r\nbehalf of the Provincial Government, their payment into, and \r\nwithdrawal from, the Public Account of the Province, and all \r\nmatters connected with or ancillary to the matters aforesaid, shall \r\nbe regulated by Act of the Provincial Assembly or, until provision in \r\nthat behalf is so made, by rules made by the Governor.\r\n120. Annual Budget Statement.− (1) The Provincial Government \r\nshall, in respect of every financial year, cause to be laid before the \r\nProvincial Assembly a statement of the estimated receipts and \r\nexpenditure of the Provincial Government for that year, in this \r\nChapter referred to as the Annual Budget Statement.\r\n(2) The Annual Budget Statement shall show separately − \r\n1Inserted ibid. The comma after the word “Bill” inserted during editing.\r\n60 | Constitution: (Amendment) Order, 2007\r\n(a) the sums required to meet expenditure described by the \r\nConstitution as expenditure charged upon the Provincial \r\nConsolidated Fund; and\r\n(b) the sums required to meet other expenditure proposed to \r\nbe made from the Provincial Consolidated Fund;\r\nand shall distinguish expenditure on revenue account from other \r\nexpenditure.\r\n121. Expenditure charged upon Provincial Consolidated \r\nFund.− The following expenditure shall be expenditure charged \r\nupon the Provincial Consolidated Fund:− \r\n(a) the remuneration payable to the Governor and other \r\nexpenditure relating to his office, and the remuneration \r\npayable to − \r\n(i) the Judges of the High Court; and\r\n(ii) the Speaker and Deputy Speaker of the Provincial \r\nAssembly;\r\n(b) the administrative expenses, including the remuneration \r\npayable to officers and servants, of the High Court and the \r\nSecretariat of the Provincial Assembly;\r\n(c) all debt charges for which the Provincial Government is \r\nliable, including interest, sinking fund charges, the \r\nrepayment or amortisation of capital, and other expenditure \r\nin connection with the raising of loans, and the service and \r\nredemption of debt on the security of the Provincial \r\nConsolidation Fund;\r\n(d) any sums required to satisfy any judgment, decree or \r\naward against the Province by any Court or tribunal; and\r\n(e) any other sums declared by the Constitution or by Act of \r\nthe Provincial Assembly to be so charged.\r\n122. Procedure relating to Annual Budget Statement .− (1) \r\nSo much of the Annual Budget Statement as relates to \r\nexpenditure charged upon the Provincial Consolidated Fund may \r\nbe discussed in, but shall not be submitted to the vote of, the \r\nProvincial Assembly.\r\n(2) So much of the Annual Budget Statement as relates to other \r\nexpenditure shall be submitted to the Provincial Assembly in the form \r\nof demands for grants, and that Assembly shall have power to assent \r\nto, or to refuse to assent to, any demand, or to assent to any demand \r\nsubject to a reduction of the amount specified therein. \r\n1[ * * * * * * ]\r\n1Proviso was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\nConstitution: (Amendment) Order, 2007 | 61\r\n(3) No demand for a grant shall be made except on the \r\nrecommendation of the Provincial Government.\r\n123. Authentication of schedule of authorized \r\nexpenditure.− (1) The Chief Minister shall authenticate by his \r\nsignature a schedule specifying − \r\n(a) the grants made or deemed to have been made by the \r\nProvincial Assembly under Article 122, and\r\n(b) the several sums required to meet the expenditure charged \r\nupon the Provincial Consolidated Fund but not exceeding, \r\nin the case of any sum, the sum shown in the statement \r\npreviously laid before the Assembly.\r\n(2) The schedule so authenticated shall be laid before the \r\nProvincial Assembly, but shall not be open to discussion or vote \r\nthereon.\r\n(3) Subject to the Constitution , no expenditure from the Provincial \r\nConsolidated Fund shall be deemed to be duly authorized unless it is \r\nspecified in the schedule so authenticated and such schedule is laid \r\nbefore the Provincial Assembly as required by clause (2).\r\n124. Supplementary and excess grant .− If in respect of any \r\nfinancial year it is found − \r\n(a) that the amount authorized to be expended for a particular \r\nservice for the current financial year is insufficient, or that a \r\nneed has arisen for expenditure upon some new service \r\nnot included in the Annual Budget Statement for that year; \r\nor\r\n(b) that any money has been spent on any service during a \r\nfinancial year in excess of the amount granted for that \r\nservice for that year;\r\nthe Provincial Government shall have power to authorize expenditure \r\nfrom the Provincial Consolidated Fund, whether the expenditure is \r\ncharged by the Constitution upon that Fund or not, and shall cause to \r\nbe laid before the Provincial Assembly a Supplementary Budget \r\nStatement or, as the case may be, an Excess Budget Statement, \r\nsetting out the amount of that expenditure, and the provisions of \r\nArticles 120 to 123 shall apply to those statements as they apply to \r\nthe Annual Budget Statement.\r\n125. Votes on account .− Notwithstanding anything contained in \r\nthe foregoing provisions relating to financial matters, the Provincial \r\nAssembly shall have power to make any grant in advance in \r\nrespect of the estimated expenditure for a part of any financial \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 39.\r\n62 | Constitution: (Amendment) Order, 2007\r\nyear, not exceeding three months, pending completion of the \r\nprocedure prescribed in Article 122 for the voting of such grant \r\nand the authentication of the schedule of expenditure in \r\naccordance with the provisions of Article 123 in relation to the \r\nexpenditure.\r\n126. Power to authorize expenditure when Assembly \r\nstands dissolved .− Notwithstanding anything contained in the \r\nforegoing provisions relating to financial matters, at any time when \r\nthe Provincial Assembly stands dissolved, the Provincial \r\nGovernment may authorize expenditure from the Provincial \r\nConsolidated Fund in respect of the estimated expenditure for a \r\nperiod not exceeding four months in any financial year, pending \r\ncompletion of the procedure prescribed in Article 122 for the voting \r\nof grants and the authentication of the schedule of authorized \r\nexpenditure in accordance with the provisions of Article 123 in \r\nrelation to the expenditure.\r\n127. Provisions relating to National Assembly, etc., to \r\napply to Provincial Assembly, etc .− Subject to the \r\nConstitution, the provisions of clauses (2) to (8) of Article 53, \r\nclauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, \r\nArticle 69, Article 77, Article 87 and Article 88 shall apply to and in \r\nrelation to a Provincial Assembly or a committee or members \r\nthereof or the Provincial Government, but so that − \r\n(a) any reference in those provisions to 1[Majlis-e-Shoora \r\n(Parliament)] , a House or the National Assembly shall be \r\nread as a reference to the Provincial Assembly;\r\n(b) any reference in those provisions to the President shall be \r\nread as a reference to the Governor of the Province;\r\n(c) any reference in those provisions to the Federal \r\nGovernment shall be, read as a reference to the Provincial \r\nGovernment;\r\n(d) any reference in those provisions to the Prime Minister \r\nshall be read as a reference to the Chief Minister;\r\n(e) any reference in those provisions to a Federal Minister \r\nshall be read as a reference to a Provincial Minister; 2[*]\r\n(f) any reference in those provisions to the National Assembly \r\nof Pakistan shall be read as a reference to the Provincial \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2The word “and” was omitted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); \r\nassented to by the President on 4 May 1974; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 8 May 1974, pp. 179-182, s. 7.\r\nConstitution: (Amendment) Order, 2007 | 63\r\nAssembly in existence immediately before the commencing \r\nday 1[; and]\r\n 2[(g) the said clause (2) of Article 54 shall have effect as if, in \r\nthe proviso thereto, for the words \"one hundred and thirty\" \r\nthe word “3[one hundred]” were substituted.]\r\nOrdinances\r\n128. Power of Governor to promulgate Ordinances.− (1) The \r\nGovernor may, except when the Provincial Assembly is in session, \r\nif satisfied that circumstances exist which render it necessary to \r\ntake immediate action, make and promulgate an Ordinance as the \r\ncircumstances may require.\r\n(2) An Ordinance promulgated under this Article shall have the \r\nsame force and effect as an Act of the Provincial Assembly and shall \r\nbe subject to like restrictions as the power of the Provincial Assembly \r\nto make laws, but every such Ordinance −\r\n(a) shall be laid before the Provincial Assembly and shall stand \r\nrepealed at the expiration of 4[ninety days] from its \r\npromulgation or, if before the expiration of that period a \r\nresolution disapproving it is passed by the Assembly, upon \r\nthe passing of that resolution 5[:]\r\n6[Provided that the Provincial Assembly may by a \r\nresolution extend the Ordinance for a further period of \r\nninety days and it shall stand repealed at the expiration of \r\nthe extended period, or if before the expiration of that \r\nperiod a resolution disapproving it is passed by the \r\nAssembly, upon the passing of that resolution: \r\nProvided further that extension for a further period may \r\nbe made only once.]\r\n(b) may be withdrawn at any time by the Governor.\r\n(3) Without prejudice to the provisions of clause (2), an Ordinance \r\nlaid before the Provincial Assembly shall be deemed to be a Bill \r\nintroduced in the Provincial Assembly.\r\n1Substituted ibid, for the “full-stop”.\r\n2Added ibid.\r\n3Substituted for the word “seventy” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 40.\r\n4Substituted for the words “three months” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 41.\r\n5Substituted ibid, for the expression “; and”.\r\n6Inserted ibid. \r\n64 | Constitution: (Amendment) Order, 2007\r\nChapter 3\r\n Provincial Governments\r\n 1[129. The Provincial Government .− (1) Subject to the \r\nConstitution, the executive authority of the Province shall be exercised \r\nin the name of the Governor by the Provincial Government, consisting \r\nof the Chief Minister and Provincial Ministers, which shall act through \r\nthe Chief Minister. \r\n(2) In the performance of his functions under the Constitution , the \r\nChief Minister may act either directly or through the Provincial \r\nMinisters.]\r\n 2[130. The Cabinet .− (1) There shall be a Cabinet of Ministers, with \r\nthe Chief Minister at its head, to aid and advise the Governor in the \r\nexercise of his functions. \r\n(2) The Provincial Assembly shall meet on the twenty-first day \r\nfollowing the day on which a general election to the Assembly is held, \r\nunless sooner summoned by the Governor. \r\n(3) After the election of the Speaker and the Deputy Speaker, the \r\nProvincial Assembly shall, to the exclusion of any other business, \r\nproceed to elect without debate one of its members to be the Chief \r\nMinister. \r\n(4) The Chief Minister shall be elected by the votes of the majority \r\nof the total membership of the Provincial Assembly: \r\nProvided that, if no member secures such majority in the first poll, \r\na second poll shall be held between the members who secure the two \r\nhighest numbers of votes in the first poll and the member who secures \r\na majority of votes of the members present and voting shall be \r\ndeclared to have been elected as Chief Minister: \r\nProvided further that, if the number of votes secured by two or \r\nmore members securing the highest number of votes is equal, further \r\npolls shall be held between them until one of them secures a majority \r\nof votes of the members present and voting. \r\n(5) The member elected under clause (4) shall be called upon by \r\nthe Governor to assume the office of Chief Minister and he shall, \r\n1Substituted ibid, s. 42. It was earlier substituted by the Revival of the Constitution of 1973 Order, \r\n1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 \r\nMarch 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came into force \r\non 2 March 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 43. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution. \r\nThe\r\nConstitution: (Amendment) Order, 2007 | 65\r\nbefore entering upon the office, make before the Governor oath in the \r\nform set out in the Third Schedule: \r\nProvided that there shall be no restriction on the number of terms \r\nfor the office of the Chief Minister. \r\n(6) The Cabinet shall be collectively responsible to the Provincial \r\nAssembly and the total strength of the Cabinet shall not exceed fifteen \r\nmembers or eleven percent of the total membership of a Provincial \r\nAssembly, whichever is higher: \r\nProvided that the aforesaid limit shall be effective from the next \r\ngeneral elections after the commencement of the Constitution \r\n(Eighteenth Amendment) Act, 2010. \r\n(7) The Chief Minister shall hold office during the pleasure of the \r\nGovernor, but the Governor shall not exercise his powers under this \r\nclause unless he is satisfied that the Chief Minister does not command \r\nthe confidence of the majority of the members of the Provincial \r\nAssembly, in which case he shall summon the Provincial Assembly \r\nand require the Chief Minister to obtain a vote of confidence from the \r\nAssembly. \r\n(8) The Chief Minister may, by writing under his hand addressed \r\nto the Governor, resign his office. \r\n(9) A Minister who for any period of six consecutive months is not \r\na member of the Provincial Assembly shall, at the expiration of that \r\nperiod, cease to be a Minister and shall not before the dissolution of \r\nthat Assembly be again appointed a Minister unless he is elected a \r\nmember of that Assembly. \r\n(10) Nothing contained in this Article shall be construed as \r\ndisqualifying the Chief Minister or any other Minister for continuing in \r\noffice during any period during which the Provincial Assembly stands \r\ndissolved, or as preventing the appointment of any person as Chief \r\nMinister or other Minister during any such period. \r\n(11) The Chief Minister shall not appoint more than five Advisers.]\r\n 1[131. Governor to be kept informed .− The Chief Minister shall \r\nkeep the Governor informed on matters relating to Provincial \r\nadministration and on all legislative proposals the Provincial \r\nGovernment intends to bring before the Provincial Assembly.]\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 44. It was earlier substituted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 27: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n66 | Constitution: (Amendment) Order, 2007\r\n 1[132. Provincial Ministers.− (1) Subject to clauses 2[(9) and (10)] of \r\nArticle 130, the Governor shall appoint Provincial Ministers from \r\namongst members of the Provincial Assembly on the advice of the \r\nChief Minister. \r\n(2) Before entering upon office, a Provincial Minister shall make \r\nbefore the Governor oath in the form set out in the Third Schedule. \r\n(3) A Provincial Minister may, by writing under his hand addressed \r\nto the Governor, resign his office or may be removed from office by \r\nthe Governor on the advice of the Chief Minister.] \r\n 3[133. Chief Minister continuing in office .− The Governor may \r\nask the Chief Minister to continue to hold office until his successor \r\nenters upon the office of Chief Minister.]\r\n 4[134. Resignation by Chief Minister.− * * * ]\r\n 5[135. Provincial Minister performing functions of Chief Minister.−]\r\n 6[136. Vote of no-confidence against Chief Minister .− (1) A \r\nresolution for a vote of no-confidence moved by not less than twenty \r\nper centum of the total membership of the Provincial Assembly may \r\nbe passed against the Chief Minister by the Provincial Assembly.\r\n(2) A resolution referred to in clause (1) shall not be voted upon \r\nbefore the expiration of three days, or later than seven days, from the \r\nday on which such resolution is moved in the Provincial Assembly. \r\n(3) If the resolution referred to in clause (1) is passed by a majority \r\nof the total membership of the Provincial Assembly, the Chief Minister \r\nshall cease to hold office.] \r\n137. Extent of executive authority of Province .− Subject to \r\nthe Constitution, the executive authority of the Province shall \r\nextend to the matters with respect to which the Provincial \r\nAssembly has power to make laws: \r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 28: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Substituted for the expression “(7) and (8)” by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 45.\r\n3Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 28: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n4Omitted ibid, item 29.\r\n5Ibid.\r\n6Substituted ibid, item 30.\r\nConstitution: (Amendment) Order, 2007 | 67\r\nProvided that, in any matter with respect to which both 1[Majlis-e-\r\nShoora (Parliament)] and the Provincial Assembly of a Province have \r\npower to make laws, the executive authority of the Province shall be \r\nsubject to, and limited by, the executive authority expressly conferred \r\nby the Constitution or by law made by 2[Majlis-e-Shoora (Parliament)] \r\nupon the Federal Government or authorities thereof. \r\n138. Conferring of functions on subordinate authorities .− \r\nOn the recommendation of the Provincial Government, the \r\nProvincial Assembly may by law confer functions upon officers or \r\nauthorities subordinate to the Provincial Government. \r\n 3[139. Conduct of business of Provincial Government .− (1) All \r\nexecutive actions of the Provincial Government shall be expressed to \r\nbe taken in the name of the Governor. \r\n(2) The 4[Provincial Government] shall by rules specify the manner \r\nin which orders and other instruments made and executed 5[in the \r\nname of Governor] shall be authenticated, and the validity of any order \r\nor instrument so authenticated shall not be questioned in any court on \r\nthe ground that it was not made or executed by the Governor.\r\n6[(3) The Provincial Government shall also make rules for the \r\nallocation and transaction of its business.]]\r\n140. Advocate-General for a Province .− (1) The Governor of \r\neach Province shall appoint a person, being a person qualified to \r\nbe appointed a Judge of the High Court, to be the Advocate-\r\nGeneral for the Province. \r\n(2) It shall be the duty of the Advocate-General to give advice to \r\nthe Provincial Government upon such legal matters, and to perform \r\nsuch other duties of a legal character, as may be referred or assigned \r\nto him by the Provincial Government. \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.2Ibid.\r\n3Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985. pp. 185-227, Article \r\n2 read with the Schedule, item 31: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution. \r\n4Substituted for the word “Governor” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 46.\r\n5Substituted ibid, for the words “in his name”.\r\n6Substituted ibid, s. 46.\r\n68 | Constitution: (Amendment) Order, 2007\r\n(3) The Advocate-General shall hold office during the pleasure of \r\nthe Governor 1[and shall not engage in private practice so long as he \r\nholds the office of the Advocate-General].\r\n(4) The Advocate-General may, by writing under his hand \r\naddressed to the Governor, resign his office.\r\n 2[140A. Local Government .− 3[(1)] Each Province shall, by law, \r\nestablish a local government system and devolve political, \r\nadministrative and financial responsibility and authority to the elected \r\nrepresentatives of the local governments. \r\n(2) Elections to the local governments shall be held by the \r\nElection Commission of Pakistan.]\r\nPART V\r\nRelations between Federation and Provinces\r\nChapter 1\r\nDistribution of Legislative Powers\r\n141. Extent of Federal and Provincial laws .− Subject to the \r\nConstitution, 4[Majlis-e-Shoora (Parliament)] may make laws (including \r\nlaws having extra-territorial operation) for the whole or any part of \r\nPakistan, and a Provincial Assembly may make laws for the Province \r\nor any part thereof. \r\n142. Subject-matter of Federal and Provincial laws .− \r\nSubject to the Constitution − \r\n(a) 5[Majlis-e-Shoora (Parliament)] shall have exclusive power \r\nto make laws with respect to any matter in the Federal \r\nLegislative List; \r\n1Added ibid, s. 47.\r\n2Inserted ibid, s. 48. It was earlier inserted by the Legal Framework Order, 2002 (C.E.O. No. 24 \r\n0f 2002), published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-\r\n1049, Article 3 read with the Schedule, item 16 but was declared void by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.\r\n3The expression “(1)” has been inserted for purposes of editing. \r\n4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n5Ibid. \r\nConstitution: (Amendment) Order, 2007 | 69\r\n1[(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly \r\nshall have power to make laws with respect to criminal law, \r\ncriminal procedure and evidence;]\r\n2[(c) Subject to paragraph (b), a Provincial Assembly shall, and \r\nMajlis-e-Shoora (Parliament) shall not, have power to make \r\nlaws with respect to any matter not enumerated in the \r\nFederal Legislative List;]\r\n3[(d) Majlis-e-Shoora (Parliament) shall have exclusive power to \r\nmake laws with respect to all matters pertaining to such \r\nareas in the Federation as are not included in any \r\nProvince.]\r\n4[143. Inconsistency between Federal and Provincial law .− If \r\nany provision of an Act of a Provincial Assembly is repugnant to any \r\nprovision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-\r\nShoora (Parliament) is competent to enact, then the Act of Majlis-e-\r\nShoora (Parliament), whether passed before or after the Act of the \r\nProvincial Assembly, shall prevail and the Act of the Provincial \r\nAssembly shall, to the extent of the repugnancy, be void.]\r\n144. Power of 5[Majlis-e-Shoora (Parliament)] to legislate for \r\n6[one] or more Provinces by consent .− (1) If 7[one] or more \r\nProvincial Assemblies pass resolutions to the effect that 8[Majlis-e-\r\nShoora (Parliament)] may by law regulate any matter not enumerated \r\nin 9[the Federal Legislative List] in the Fourth Schedule, it shall be \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 49. The full stop at the end has been replaced for the semi-colon \r\nfor purposes of editing.\r\n2Substituted ibid. The full stop at the end has been replaced for the semi-colon for purposes of \r\nediting.\r\n3Ibid.\r\n4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 50.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n6Substituted for the word “two” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 51.\r\n7Ibid.\r\n8Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n9Substituted for the words “either List” by the Constitution (Eighteenth Amendment) Act, 2010 (X \r\nof 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 51.\r\n70 | Constitution: (Amendment) Order, 2007\r\nlawful for 1[Majlis-e-Shoora (Parliament)] to pass an Act for regulating \r\nthat matter accordingly, but any Act so passed may, as respects any \r\nProvince to which it applies, be amended or repealed by Act of the \r\nAssembly of that Province.\r\n2[(2) * * * * * * ]\r\nChapter 2\r\nAdministrative Relations \r\nbetween Federation and Provinces\r\n145. Power of President to direct Governor to discharge \r\ncertain functions as his Agent .− (1) The President may direct the \r\nGovernor of any Province to discharge as his Agent, either generally \r\nor in any particular matter, such functions relating to such areas in the \r\nFederation which are not included in any Province as may be \r\nspecified in the direction. \r\n(2) The provisions of Article 105 shall not apply to the discharge \r\nby the Governor of his functions under clause (1). \r\n146. Power of Federation to confer powers, etc., on \r\nProvinces, in certain cases .− (1) Notwithstanding anything \r\ncontained in the Constitution , the Federal Government may, with the \r\nconsent of the Government of a Province, entrust either conditionally \r\nor unconditionally to that Government, or to its officers functions in \r\nrelation to any matter to which the executive authority of the \r\nFederation extends. \r\n(2) An Act of 3[Majlis-e-Shoora (Parliament)] may, notwithstanding \r\nthat it relates to a matter with respect to which a Provincial Assembly \r\nhas no power to make laws, confer powers and impose duties upon a \r\nProvince or officers and authorities thereof. \r\n(3) Where by virtue of this Article powers and duties have been \r\nconferred or imposed upon a Province or officers or authorities \r\nthereof, there shall be paid by the Federation to the Province such \r\nsum as may be agreed or, in default of agreement, as may be \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n2Omitted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by the \r\nPresident on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n11 November 1985, pp. 403-410, s. 17.\r\n3Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 71\r\ndetermined by an arbitrator appointed by the Chief Justice of Pakistan, \r\nin respect of any extra costs of administration incurred by the Province \r\nin connection with the exercise of those powers or the discharge of \r\nthose duties. \r\n147. Power of the Provinces to entrust functions to the \r\nFederation.− Notwithstanding anything contained in the Constitution , \r\nthe Government of a Province may, with the consent of the Federal \r\nGovernment, entrust, either conditionally or unconditionally, to the \r\nFederal Government, or to its officers, functions in relation to any \r\nmatter to which the executive authority of the Province extends 1[:]\r\n2[Provided that the Provincial Government shall get the functions \r\nso entrusted ratified by the Provincial Assembly within sixty days.]\r\n148. Obligation of Provinces and Federation .− (1) The \r\nexecutive authority of every Province shall be so exercised as to \r\nsecure compliance with Federal laws which apply in that Province. \r\n(2) Without prejudice to any other provision of this Chapter, in the \r\nexercise of the executive authority of the Federation in any Province \r\nregard shall be had to the interests of that Province. \r\n(3) It shall be the duty of the Federation to protect every Province \r\nagainst external aggression and internal disturbances and to ensure \r\nthat the Government of every Province is carried on in accordance \r\nwith the provisions of the Constitution. \r\n149. Directions to Provinces in certain cases .− (1) The \r\nexecutive authority of every Province shall be so exercised as not to \r\nimpede or prejudice the exercise of the executive authority of the \r\nFederation, and the executive authority of the Federation shall extend \r\nto the giving of such directions to a Province as may appear to the \r\nFederal Government to be necessary for that purpose. \r\n3[(2) * * * * * * ] \r\n(3) The executive authority of the Federation shall also extend to \r\nthe giving 4[of] directions to a Province as to the construction and \r\nmaintenance of means of communication declared in the direction to \r\nbe of national or strategic importance.\r\n(4) The executive authority of the Federation shall also extend to \r\nthe giving of directions to a Province as to the manner in which the \r\nexecutive authority thereof is to be exercised for the purpose of \r\n1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(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 \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 52.\r\n3Omitted ibid, s. 53.\r\n4The word “if” has been replaced by the word “of” for purposes of editing.\r\n72 | Constitution: (Amendment) Order, 2007\r\npreventing any grave menace to the peace or tranquility or economic \r\nlife of Pakistan or any part thereof. \r\n150. Full faith and credit for public acts, etc .− Full faith and \r\ncredit shall be given throughout Pakistan to public acts and records, \r\nand judicial proceedings of every Province. \r\n151. Inter-Provincial trade.− (1) Subject to clause (2), trade, \r\ncommerce and intercourse throughout Pakistan shall be free. \r\n(2) 1[Majlis-e-Shoora (Parliament)] may by law impose such \r\nrestrictions on the freedom of trade, commerce or intercourse between \r\none Province and another or within any part of Pakistan as may be \r\nrequired in the public interest. \r\n(3) A Provincial Assembly or a Provincial Government shall not \r\nhave power to − \r\n(a) make any law, or take any executive action, prohibiting or \r\nrestricting the entry into, or the export from, the Province of \r\ngoods of any class or description, or \r\n(b) impose a tax which, as between goods manufactured or \r\nproduced in the Province and similar goods not so \r\nmanufactured or produced, discriminates in favour of the \r\nformer goods or which, in the case of goods manufactured \r\nor produced outside the Province discriminates between \r\ngoods manufactured or produced in any area in Pakistan \r\nand similar goods manufactured or produced in any other \r\narea in Pakistan. \r\n(4) An Act of a Provincial Assembly which imposes any \r\nreasonable restriction in the interest of public health, public order or \r\nmorality, or for the purpose of protecting animals or plants from \r\ndisease or preventing or alleviating any serious shortage in the \r\nProvince of an essential commodity shall not, if it was made with the \r\nconsent of the President, be invalid. \r\n152. Acquisition of land for Federal purposes.− The Federation \r\nmay, if it deems necessary to acquire any land situate in a Province \r\nfor any purpose connected with a matter with respect to which 2[Majlis-\r\ne-Shoora (Parliament)] has power to make laws, require the Province \r\nto acquire the land on behalf, and at the expense, of the Federation \r\nor, if the land belongs to the Province, to transfer it to the Federation \r\non such terms as may be agreed or, in default of agreement, as may \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n2Ibid. \r\nConstitution: (Amendment) Order, 2007 | 73\r\nbe determined by an arbitrator appointed by the Chief Justice of \r\nPakistan.\r\nChapter 3\r\nSpecial Provisions\r\n 1[152A. National Security Council.− * * * * ]\r\n153. Council of Common Interests.− (1) There shall be a Council \r\nof Common Interests, in this Chapter referred to as the Council, to be \r\nappointed by the President. \r\n2[(2) The Council shall consist of − \r\n(a) the Prime Minister who shall be the Chairman of the \r\nCouncil; \r\n(b) the Chief Ministers of the Provinces; and \r\n(c) three members from the Federal Government to be \r\nnominated by the Prime Minister from time to time.]\r\n3[(3) * * * * * * * ] \r\n(4) The Council shall be responsible to 4[Majlis-e-Shoora \r\n(Parliament)] 5[and shall submit an Annual Report to both Houses of \r\n1Omitted by the Constitution (Seventeenth Amendment) Act, 2003 (III of 2003); assented to by \r\nthe President on 31 December 2003; and, published the same day in the Gazette of Pakistan \r\n(Extraordinary), dated: 31 December 2003, pp.149-153, s. 5. It was inserted by the Legal \r\nFramework Order, 2002 (CEO No. 24 of 2002), published the Gazette of Pakistan \r\n(Extraordinary), dated: 21 August 2002, pp. 1031-1049, Article 3 read with the Schedule, item \r\n17. Before that It was inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. \r\n14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. \r\n185-227, Article 2 read with Schedule, item 32: the Order came into force on 2 March 1985 and \r\nsaved under Article 270A. It was omitted by the Constitution (Eighth Amendment) Act, 1985 \r\n(XVIII of 1985); assented to by the President on 9 November 1985; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 18. Under Article 267B, \r\nArticle 152A shall be deemed always to have been so omitted: the said Article was inserted by \r\nthe Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on \r\n19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, \r\npp. 267-316, s. 93. \r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 54.\r\n3Omitted ibid.4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 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 \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\n74 | Constitution: (Amendment) Order, 2007\r\nMajlis-e-Shoora (Parliament)]. \r\n154. Functions and rules of procedure .− 1[(1) The Council shall \r\nformulate and regulate policies in relation to matters in Part II of the \r\nFederal Legislative List and shall exercise supervision and control \r\nover related institutions.]\r\n2[(2) The Council shall be constituted within thirty days of the Prime \r\nMinister taking oath of office. \r\n(3) The Council shall have a permanent Secretariat and shall meet \r\nat least once in ninety days: \r\nProvided that the Prime Minister may convene a meeting on the \r\nrequest of a Province on an urgent matter.]\r\n3[(4)] The decisions of the Council shall be expressed in terms of the \r\nopinion of the majority. \r\n4[(5)] Until 5[Majlis-e-Shoora (Parliament)] makes provision by law in \r\nthis behalf, the Council may make its rules of procedure.\r\n6[(6)] 7[Majlis-e-Shoora (Parliament)] in joint sitting may from time to \r\ntime by resolution issue directions through the Federal Government to \r\nthe Council generally or in a particular matter to take action as 8[Majlis-\r\ne-Shoora (Parliament)] may deem just and proper and such directions \r\nshall be binding on the Council.\r\n9[(7)] If the Federal Government or a Provincial Government is \r\ndissatisfied with a decision of the Council, it may refer the matter to \r\nApril 2010, pp. 267-316, s. 54.\r\n1Substituted ibid, s. 55.\r\n2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 55.\r\n3Clause (2) was renumbered ibid.\r\n4Clause (3) was renumbered ibid.\r\n5Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985,. pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n6Clause (4) was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 55.\r\n7Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n8Ibid.\r\n9Clause (5) was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 55.\r\nConstitution: (Amendment) Order, 2007 | 75\r\n10[Majlis-e-Shoora (Parliament)] in a joint sitting whose decision in this \r\nbehalf shall be final. \r\n155. Complaints as to interference with water supplies.− (1) If \r\nthe interests of a Province, the Federal Capital or the Federally \r\nAdministered Tribal Areas, or any of the inhabitants thereof, in water \r\nfrom any natural source of supply 1[or reservoir] have been or are \r\nlikely to be affected prejudicially by − \r\n(a) any executive act or legislation taken or passed or \r\nproposed to be taken or passed, or \r\n(b) the failure of any authority to exercise any of its powers \r\nwith respect to the use and distribution or control of water \r\nfrom that source,\r\nthe Federal Government or the Provincial Government concerned may \r\nmake a complaint in writing to the Council. \r\n(2) Upon receiving such complaint, the Council shall, after having \r\nconsidered the matter, either give its decision or request the President \r\nto appoint a commission consisting of such persons having special \r\nknowledge and experience in irrigation, engineering, administration, \r\nfinance or law as he may think fit, hereinafter referred to as the \r\nCommission. \r\n(3) Until 2[Majlis-e-Shoora (Parliament)] makes provision by law in \r\nthis behalf, the provisions of the Pakistan Commissions of Inquiry Act, \r\n1956 (VI of 1956), as in force immediately before the commencing day \r\nshall apply to the Council or the Commission as if the Council or the \r\nCommission were a commission appointed under that Act to which all \r\nthe provisions of section 5 thereof applied and upon which the power \r\ncontemplated by section 10A thereof had been conferred. \r\n(4) After considering the report and supplementary report, if any, \r\nof the Commission, the Council shall record its decision on all matters \r\nreferred to the Commission. \r\n(5) Notwithstanding any law to the contrary, but subject to the \r\nprovisions of clause (5) of Article 154, it shall be the duty of the \r\nFederal Government and the Provincial Government concerned in the \r\n10Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 56.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227 Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n76 | Constitution: (Amendment) Order, 2007\r\nmatter in issue to give effect to the decision of the Council faithfully \r\naccording to its terms and tenor.\r\n \r\n(6) No proceeding shall lie before any court at the instance of any \r\nparty to a matter which is or has been in issue before the Council, or \r\nof any person whatsoever, in respect of a matter which is actually or \r\nhas been or might or ought to have been a proper subject of complaint \r\nto the Council under this Article. \r\n 1[156. National Economic Council .− (1) The President shall \r\nconstitute a National Economic Council which shall consist of −\r\n(a) the Prime Minister, who shall be the Chairman of the \r\nCouncil; \r\n(b) the Chief Ministers and one member from each Province to \r\nbe nominated by the Chief Minister; and \r\n(c) four other members as the Prime Minister may nominate \r\nfrom time to time. \r\n(2) The National Economic Council shall review the overall \r\neconomic condition of the country and shall, for advising the Federal \r\nGovernment and the Provincial Governments, formulate plans in \r\nrespect of financial, commercial, social and economic policies; and in \r\nformulating such plans it shall, amongst other factors, ensure \r\nbalanced development and regional equity and shall also be guided by \r\nthe Principles of Policy set out in Chapter 2 of Part-II. \r\n(3) The meetings of the Council shall be summoned by the \r\nChairman or on a requisition made by one-half of the members of the \r\nCouncil. \r\n(4) The Council shall meet at least twice in a year and the quorum \r\nfor a meeting of the Council shall be one-half of its total membership. \r\n(5) The Council shall be responsible to the Majlis-e-Shoora \r\n(Parliament) and shall submit an Annual Report to each House of \r\nMajlis-e-Shoora (Parliament).]\r\n157. Electricity.− (1) The Federal Government may in any Province \r\nconstruct or cause to be constructed hydro-electric or thermal power \r\ninstallations or grid stations for the generation of electricity and lay or \r\ncause to be laid inter-provincial transmission lines 2[:]\r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 57.\r\n2Substituted ibid, for the ”full-stop”, s. 58.\r\nConstitution: (Amendment) Order, 2007 | 77\r\n1[Provided that the Federal Government, prior to taking a decision \r\nto construct or cause to be constructed, hydro-electric power stations \r\nin any Province, shall consult the Provincial Government concerned.]\r\n(2) The Government of a Province may − \r\n(a) to the extent electricity is supplied to that Province from the \r\nnational grid, require supply to be made in bulk for \r\ntransmission and distribution within the Province;\r\n(b) levy tax on consumption of electricity within the Province;\r\n(c) construct power houses and grid stations and lay \r\ntransmission lines for use within the Province; and\r\n(d) determine the tariff for distribution of electricity within the \r\nProvince.\r\n2[(3) In case of any dispute between the Federal Government and \r\na Provincial Government in respect of any matter under this Article, \r\nany of the said Governments may move the Council of Common \r\nInterests for resolution of the dispute.]\r\n158. Priority of requirements of natural gas .− The Province in \r\nwhich a well-head of natural gas is situated shall have precedence \r\nover other parts of Pakistan in meeting the requirements from the well-\r\nhead, subject to the commitments and obligations as on the \r\ncommencing day. \r\n159. Broadcasting and telecasting.− (1) The Federal Government \r\nshall not unreasonably refuse to entrust to a Provincial Government \r\nsuch functions with respect to broadcasting and telecasting as may be \r\nnecessary to enable that Government − \r\n(a) to construct and use transmitters in the Province; and \r\n(b) to regulate, and impose fees in respect of, the construction \r\nand use of transmitters and the use of receiving apparatus \r\nin the Province: \r\nProvided that nothing in this clause shall be construed \r\nas requiring the Federal Government to entrust to any \r\nProvincial Government any control over the use of \r\ntransmitters constructed or maintained by the Federal \r\nGovernment or by persons authorised by the Federal \r\nGovernment, or over the use of receiving apparatus by \r\npersons so authorised.\r\n(2) Any functions so entrusted to a Provincial Government shall be \r\nexercised subject to such conditions as may be imposed by the \r\n1Inserted ibid.\r\n2Added by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 58.\r\n78 | Constitution: (Amendment) Order, 2007\r\nFederal Government, including, notwithstanding anything contained in \r\nthe Constitution, any conditions with respect to finance, but it shall not \r\nbe lawful for the Federal Government so to impose any conditions \r\nregulating the matter broadcast or telecast by, or by authority of, the \r\nProvincial Government. \r\n(3) Any Federal law with respect to broadcasting and telecasting \r\nshall be such as to secure that effect can be given to the foregoing \r\nprovisions of this Article. \r\n(4) If any question arises whether any conditions imposed on any \r\nProvincial Government are lawfully imposed, or whether any refusal \r\nby the Federal Government to entrust functions is unreasonable, the \r\nquestion shall be determined by an arbitrator appointed by the Chief \r\nJustice of Pakistan. \r\n(5) Nothing in this Article shall be construed as restricting the \r\npowers of the Federal Government under the Constitution for the \r\nprevention of any grave menace to the peace or tranquility of Pakistan \r\nor any part thereof.\r\nPART VI\r\nFinance, Property, Contracts and Suits\r\nChapter 1\r\nFinance\r\nDistribution of Revenues between the Federation and \r\nthe Provinces\r\n160. National Finance Commission.− (1) Within six months of the \r\ncommencing day and thereafter at intervals not exceeding five years, \r\nthe President shall constitute a National Finance Commission \r\nconsisting of the Minister of Finance of the Federal Government, the \r\nMinisters of Finance of the Provincial Governments, and such other \r\npersons as may be appointed by the President after consultation with \r\nthe Governors of the Provinces. \r\n(2) It shall be the duty of the National Finance Commission to \r\nmake recommendations to the President as to − \r\n(a) the distribution between the Federation and the Provinces \r\nof the net proceeds of the taxes mentioned in clause (3); \r\n(b) the making of grants-in-aid by the Federal Government to \r\nthe Provincial Governments; \r\n(c) the exercise by the Federal Government and the Provincial \r\nGovernments of the borrowing powers conferred by the \r\nConstitution; and \r\n(d) any other matter relating to finance referred to the \r\nCommission by the President. \r\nConstitution: (Amendment) Order, 2007 | 79\r\n(3) The taxes referred to in paragraph (a) of clause (2) are the \r\nfollowing taxes raised under the authority of 1[Majlis-e-Shoora \r\n(Parliament)], namely:− \r\n(i) taxes on income, including corporation tax, but not \r\nincluding taxes on income consisting of remuneration \r\npaid out of the Federal Consolidated Fund; \r\n2[(ii) taxes on the sales and purchases of goods imported, \r\nexported, produced, manufactured or consumed;]\r\n(iii) export duties on cotton, and such other export \r\nduties as may be specified by the President;\r\n(iv) such duties of excise as may be specified by the \r\nPresident; and\r\n(v) such other taxes as may be specified by the President.\r\n3[(3A) The share of the Provinces in each Award of National \r\nFinance Commission shall not be less than the share given to the \r\nProvinces in the previous Award. \r\n (3B) The Federal Finance Minister and Provincial Finance \r\nMinisters shall monitor the implementation of the Award biannually \r\nand lay their reports before both Houses of Majlis-e-Shoora \r\n(Parliament) and the Provincial Assemblies.]\r\n(4) As soon as may be after receiving the recommendation, of the \r\nNational Finance Commission, the President shall, by Order, specify, \r\nin accordance with the recommendations of the Commission under \r\nparagraph (a) of clause (2), the share of the net proceeds of the taxes \r\nmentioned in clause (3) which is to be allocated to each Province, and \r\nthat share shall be paid to the Government of the Province concerned, \r\nand, notwithstanding the provision of Article 78 shall not form part of \r\nthe Federal Consolidated Fund. \r\n(5) The recommendations of the National Finance Commission, \r\ntogether with an explanatory memorandum as to the action taken \r\nthereon, shall be laid before both Houses and the Provincial \r\nAssemblies. \r\n(6) At any time before an Order under clause (4) is made, the \r\nPresident may, by Order, make such amendments or modifications in \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 3.\r\n3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 59.\r\n80 | Constitution: (Amendment) Order, 2007\r\nthe law relating to the distribution of revenues between the Federal \r\nGovernment and the Provincial Governments as he may deem \r\nnecessary or expedient. \r\n(7) The President may, by Order, make grants-in-aid of the \r\nrevenues of the Provinces in need of assistance and such grants shall \r\nbe charged upon the Federal Consolidated Fund.\r\n161. Natural gas and hydro-electric power .− 1[(1) \r\nNotwithstanding the provisions of Article 78,− \r\n(a) the net proceeds of the Federal duty of excise on natural \r\ngas levied at well-head and collected by the Federal \r\nGovernment and of the royalty collected by the Federal \r\nGovernment, shall not form part of the Federal \r\nConsolidated Fund and shall be paid to the Province in \r\nwhich the well-head of natural gas is situated; \r\n(b) the net proceeds of the Federal duty of excise on oil levied \r\nat well-head and collected by the Federal Government, \r\nshall not form part of the Federal Consolidated Fund and \r\nshall be paid to the Province in which the well-head of oil is \r\nsituated.]\r\n(2) The net profits earned by the Federal Government, or any \r\nundertaking established or administered by the Federal Government \r\nfrom the bulk generation of power at a hydro-electric station shall be \r\npaid to the Province in which the hydro-electric station is situated.\r\nExplanation.− For the purposes of this clause \"net profits\" shall be \r\ncomputed by deducting from the revenues accruing from the bulk \r\nsupply of power from the bus-bars of a hydro-electric station at a rate \r\nto be determined by the Council of Common Interests, the operating \r\nexpenses of the station, which shall include any sums payable as \r\ntaxes, duties, interest or return on investment, and depreciations and \r\nelement of obsolescence, and over-heads, and provision for reserves. \r\n162. Prior sanction of President required to Bills affecting \r\ntaxation in which Provinces are interested .− No Bill or \r\namendment which imposes or varies a tax or duty the whole or part of \r\nthe net proceeds whereof is assigned to any Province, or which varies \r\nthe meaning of the expression \"agricultural income\" as defined for the \r\npurpose of the enactments relating to income-tax, or which affects the \r\nprinciples on which under any of the foregoing provisions of this \r\nChapter moneys are or may be distributable to Provinces, shall be \r\nintroduced or moved in the National Assembly except with the \r\nprevious sanction of the President. \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 60.\r\nConstitution: (Amendment) Order, 2007 | 81\r\n163. Provincial taxes in respect of professions, etc .− A \r\nProvincial Assembly may by Act impose taxes, not exceeding such \r\nlimits as may from time to time be fixed by Act of 1[Majlis-e-Shoora \r\n(Parliament)], on persons engaged in professions, trades, callings or \r\nemployments, and no such Act of the Assembly shall be regarded as \r\nimposing a tax on income. \r\nMiscellaneous Financial Provisions\r\n164. Grants out of Consolidated Fund .− The Federation or a \r\nProvince may make grants for any purpose, notwithstanding that the \r\npurpose is not one with respect to which 2[Majlis-e-Shoora \r\n(Parliament)] or, as the case may be, a Provincial Assembly may \r\nmake laws. \r\n165. Exemption of certain public property from taxation .− (1) \r\nThe Federal Government shall not, in respect of its property or \r\nincome, be liable to taxation under any Act of Provincial Assembly \r\nand, subject to clause (2), a Provincial Government shall not, in \r\nrespect of its property or income, be liable to taxation under Act of \r\n3[Majlis-e-Shoora (Parliament)] or under Act of the Provincial \r\nAssembly of any other Province. \r\n(2) If a trade or business of any kind is carried on by or on behalf \r\nof the Government of a Province outside that Province, that \r\nGovernment may, in respect of any property used in connection with \r\nthat trade or business or any income arising from that trade or \r\nbusiness, be taxed under Act of 4[Majlis-e-Shoora (Parliament)] or \r\nunder Act of the Provincial Assembly of the Province in which that \r\ntrade or business is carried on.\r\n(3) Nothing in this Article shall prevent the imposition of fees for \r\nservices rendered.\r\n 5[165A. Power of 6[Majlis-e-Shoora (Parliament)] to impose tax \r\non the income of certain corporations, etc.− (1) For the removal \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n2Ibid.\r\n3Ibid.\r\n4Ibid.\r\n5Added by the Constitution (Amendment) Order, 1985 (P.O. No.11 of 1985), published in the \r\nGazette of Pakistan (Extraordinary), dated: 24 February 1985, pp. 83-84, Article 2: the Order \r\nwas saved under Article 270A of the Constitution.\r\n6Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n82 | Constitution: (Amendment) Order, 2007\r\nof doubt, it is hereby declared that 1[Majlis-e-Shoora (Parliament)] \r\nhas, and shall be deemed always to have had, the power to make a \r\nlaw to provide for the levy and recovery of a tax on the income of a \r\ncorporation, company or other body or institution established by or \r\nunder a Federal law or a Provincial law or an existing law or a \r\ncorporation, company or other body or institution owned or controlled, \r\neither directly or indirectly, by the Federal Government or a Provincial \r\nGovernment, regardless of the ultimate destination of such income. \r\n(2) All orders made, proceedings taken and acts done by any \r\nauthority or person, which were made, taken or done, or purported to \r\nhave been made, taken or done, before the commencement of the \r\nConstitution (Amendment) Order, 1985, in exercise of the powers \r\nderived from any law referred to in clause (1), or in execution of any \r\norders made by any authority in the exercise or purported exercise of \r\npowers as aforesaid, shall, notwithstanding any judgment of any court \r\nor tribunal, including the Supreme Court and a High Court, be deemed \r\nto be and always to have been validly made, taken or done and shall \r\nnot be called in question in any court, including the Supreme Court \r\nand a High Court, on any ground whatsoever. \r\n(3) Every judgment or order of any court or tribunal, including the \r\nSupreme Court and a High Court, which is repugnant to the provisions \r\nof clause (1) or clause (2) shall be, and shall be deemed always to \r\nhave been, void and of no effect whatsoever.]\r\nChapter 2\r\nBorrowing and Audit\r\n166. Borrowing by Federal Government .− The executive \r\nauthority of the Federation extends to borrowing upon the security of \r\nthe Federal Consolidated Fund within such limits, if any, as may from \r\ntime to time be fixed by Act of 2[Majlis-e-Shoora (Parliament)], and to \r\nthe giving of guarantees within such limits, if any, as may be so fixed.\r\n167. Borrowing by Provincial Government .− (1) Subject to the \r\nprovisions of this Article, the executive authority of a Province extends \r\nto borrowing upon the security of the Provincial Consolidated Fund \r\nwithin such limits, if any, as may from time to time be fixed by Act of \r\nthe Provincial Assembly, and to the giving of guarantees within such \r\nlimits, if any, as may be so fixed.\r\n(2) The Federal Government may, subject to such conditions, if \r\nany, as it may think fit to impose, make loans to, or so long as any \r\nlimits fixed under Article 166 are not exceeded, give guarantees in \r\nrespect of loans raised by, any Province, and any sums required for \r\n1Ibid. \r\n2Ibid.\r\nConstitution: (Amendment) Order, 2007 | 83\r\nthe purpose of making loans to a Province shall be charged upon the \r\nFederal Consolidated Fund. \r\n(3) A Province may not, without the consent of the Federal \r\nGovernment, raise any loan if there is still outstanding any part of a \r\nloan made to the Province by the Federal Government, or in respect \r\nof which guarantee has been given by the Federal Government; and \r\nconsent under this clause may be granted subject to such conditions, \r\nif any, as the Federal Government may think fit to impose. \r\n1[(4) A Province may raise domestic or international loan, or give \r\nguarantees on the security of the Provincial Consolidated Fund within \r\nsuch limits and subject to such conditions as may be specified by the \r\nNational Economic Council.]\r\nAudit and Accounts\r\n168. Auditor-General of Pakistan.− (1) There shall be an Auditor-\r\nGeneral of Pakistan, who shall be appointed by the President. \r\n(2) Before entering upon office, the Auditor-General shall make \r\nbefore the Chief Justice of Pakistan oath in the form set out in the \r\nThird Schedule. \r\n 2[(3) The Auditor-General shall, unless he sooner resigns or is \r\nremoved from office in accordance with clause (5), hold office for a \r\nterm of four years from the date on which he assumes such office or \r\nattains the age of sixty-five years, whichever is earlier.]\r\n3[(3A) The other terms and conditions of service of the Auditor-\r\nGeneral shall be determined by Act of Majlis-e-Shoora (Parliament); \r\nand, until so determined, by Order of the President.]\r\n(4) A person who has held office as Auditor-General shall not be \r\neligible for further appointment in the service of Pakistan before the \r\nexpiration of two years after he has ceased to hold that office. \r\n(5) The Auditor-General shall not be removed from office except in \r\nthe like manner and on the like grounds as a Judge of the Supreme \r\nCourt. \r\n(6) At any time when the office of the Auditor-General is vacant or \r\nthe Auditor-General is absent or is unable to perform the functions of \r\nhis office due to any cause, 4[the President may appoint the most \r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 61.\r\n2Substituted ibid, s. 62. \r\n3Inserted ibid.\r\n4Substituted for the words “such other person as the President may direct shall” by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19 \r\nApril 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-\r\n316, s. 62.\r\n84 | Constitution: (Amendment) Order, 2007\r\nsenior officer in the Office of the Auditor-General to] act as Auditor-\r\nGeneral and perform the functions of that office. \r\n169. Functions and power of Auditor-General .− The Auditor-\r\nGeneral shall, in relation to − \r\n(a) the accounts of the Federation and of the Provinces; and \r\n(b) the accounts of any authority or body established by the \r\nFederation or a Province, \r\nperform such functions and exercise such powers as may be \r\ndetermined by or under Act of 1[Majlis-e-Shoora (Parliament)] and, \r\nuntil so determined, by Order of the President. \r\n170. Power of Auditor-General to give directions as to \r\naccounts.− 2[(1)] The accounts of the Federation and of the Provinces \r\nshall be kept in such form and in accordance with such principles and \r\nmethods as the Auditor-General may, with the approval of the \r\nPresident, prescribe. \r\n 3[(2) The audit of the accounts of the Federal and of the Provincial \r\nGovernments and the accounts of any authority or body established \r\nby, or under the control of, the Federal or a Provincial Government \r\nshall be conducted by the Auditor-General, who shall determine the \r\nextent and nature of such audit.]\r\n171. Reports of Auditor-General .− The reports of the Auditor-\r\nGeneral relating to the accounts of the Federation shall be submitted \r\nto the President, who shall cause them to be laid before 4[both Houses \r\nof Majlis-e-Shoora (Parliament)] and the reports of the Auditor-\r\nGeneral relating to the accounts of a Province shall be submitted to \r\nthe Governor of the Province, who shall cause them to be laid before \r\nthe Provincial Assembly.\r\nChapter 3\r\nProperty, Contracts, Liabilities and Suits\r\n172. Ownerless property.− (1) Any property which has no rightful \r\nowner shall, if located in a Province, vest in the Government of that \r\nProvince, and in every other case, in the Federal Government. \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2The existing clause was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 63.\r\n3Added ibid.\r\n4Substituted for the words “the National Assembly” , by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 64.\r\nConstitution: (Amendment) Order, 2007 | 85\r\n(2) All lands, minerals and other things of value within the \r\ncontinental shelf or underlying the ocean 1[beyond] the territorial \r\nwaters of Pakistan shall vest in the Federal Government. \r\n2[(3) Subject to the existing commitments and obligations, mineral \r\noil and natural gas within the Province or the territorial waters adjacent \r\nthereto shall vest jointly and equally in that Province and the Federal \r\nGovernment.]\r\n173. Power to acquire property and to make contracts, etc .− \r\n(1) The executive authority of the Federation and of a Province shall \r\nextend, subject to any Act of the appropriate Legislature, to the grant, \r\nsale, disposition or mortgage of any property vested in, and to the \r\npurchase or acquisition of property on behalf of, the Federal \r\nGovernment or, as the case may be, the Provincial Government, and \r\nto the making of contracts. \r\n(2) All property acquired for the purposes of the Federation or of a \r\nProvince shall vest in the Federal Government or, as the case may be, \r\nin the Provincial Government. \r\n(3) All contracts made in the exercise of the executive authority of \r\nthe Federation or of a Province shall be expressed to be made in the \r\nname of the President or, as the case may be, the Governor of the \r\nProvince, and all such contracts and all assurances of property made \r\nin the exercise of that authority shall be executed on behalf of the \r\nPresident or Governor by such persons and in such manner as he \r\nmay direct or authorize. \r\n(4) Neither the President, nor the Governor of a Province, shall be \r\npersonally liable in respect of any contract or assurance made or \r\nexecuted in the exercise of the executive authority of the Federation \r\nor, as the case may be, the Province, nor shall any person making or \r\nexecuting any such contract or assurance on behalf of any of them be \r\npersonally liable in respect thereof. \r\n(5) Transfer of land by the Federal Government or a Provincial \r\nGovernment shall be regulated by law. \r\n174. Suits and proceedings.− The Federation may sue or be sued \r\nby the name of Pakistan and a Province may sue or be sued by the \r\nname of the Province.\r\nPART VII\r\nThe Judicature\r\n1Substituted ibid, for the word “within”, s. 65.\r\n2Inserted ibid.\r\n86 | Constitution: (Amendment) Order, 2007\r\nChapter 1\r\nThe Courts\r\n175. Establishment and jurisdiction of courts .− (1) There shall \r\nbe a Supreme Court of Pakistan, a High Court for each Province 3[and \r\na High Court for the Islamabad Capital Territory] and such other courts \r\nas may be established by law. \r\n1[Explanation.− Unless the context otherwise requires, the words \r\n“High Court” wherever occurring in the Constitution shall include \r\n“Islamabad High Court”.]\r\n(2) No court shall have any jurisdiction save as is or may be \r\nconferred on it by the Constitution or by or under any law. \r\n(3) The Judiciary shall be separated progressively from the \r\nExecutive within 2[fourteen] years from the commencing day 3[:]\r\n4[Provided that the provisions of this Article shall have no \r\napplication to the trial of persons under any of the Acts mentioned at \r\nserial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, \r\nwho claims, or is known, to belong to any terrorist group or \r\norganization using the name of religion or a sect.\r\nExplanation: In this proviso, the expression ‘sect’ means a sect of \r\nreligion and does not include any religious or political party regulated \r\nunder the Political Parties Order, 2002.]\r\n 5[175A. Appointment of Judges to the Supreme Court, High \r\nCourts and the Federal Shariat Court .− (1) There shall be a \r\n3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 66.\r\n1Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011), published in the \r\nGazette of Pakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 3. It was earlier were \r\nadded by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 66.\r\n2Substituted for the word “five” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. \r\n14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. \r\n185-227, Article 2 and the Schedule, item 33: the Order came into force on 2 March 1985 and \r\nwas saved under Article 270A of the Constitution. It was earlier substituted for the word “three” \r\nby the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976), published in the Gazette of \r\nPakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 4.\r\n3Substituted for the “full-stop” by the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015); \r\nassented to by the President on 7 January 2015; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 8 January 2015, pp.1-3, s. 2.\r\n4Inserted by the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015); assented to by the \r\nPresident on 7 January 2015; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nJanuary 2015, pp.1-3, s. 2: the provision shall remain in force for a period of two years with effect \r\nfrom 8 January 2015, s.1. \r\n5Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 67.\r\nConstitution: (Amendment) Order, 2007 | 87\r\nJudicial Commission of Pakistan, hereinafter in this Article referred to \r\nas the Commission, for appointment of Judges of the Supreme Court, \r\nHigh Courts and the Federal Shariat Court, as hereinafter provided. \r\n(2) For appointment of Judges of the Supreme Court, the \r\nCommission shall consist of−\r\n(i) Chief Justice of Pakistan; Chairman\r\n(ii) 1[four] most senior Judges of the Supreme \r\nCourt;\r\nMembers\r\n(iii) a former Chief Justice or a former Judge of the \r\nSupreme Court of Pakistan to be nominated by \r\nthe Chief Justice of Pakistan, in consultation \r\nwith the 2[four] member Judges, for a term of \r\ntwo years;\r\nMember\r\n(iv) Federal Minister for Law and Justice; Member\r\n(v) Attorney-General for Pakistan; and Member\r\n(vi) a Senior Advocate of the Supreme Court of \r\nPakistan nominated by the Pakistan Bar \r\nCouncil for a term of two years.\r\nMember\r\n (3) Notwithstanding anything contained in clause (1) or clause (2), \r\nthe President shall appoint the most senior Judge of the Supreme \r\nCourt as the Chief Justice of Pakistan. \r\n(4) The Commission may make rules regulating its procedure. \r\n(5) For appointment of Judges of a High Court, the Commission in \r\nclause (2) shall also include the following, namely:− \r\n(i) Chief Justice of the High Court to which the \r\nappointment is being made; \r\nMember\r\n(ii) the most senior Judge of that High Court; Member\r\n(iii) Provincial Minister for Law; and Member\r\n3[(iv) an advocate having not less than fifteen \r\nyears practice in the High Court to be \r\nnominated by the concerned Bar Council for \r\na term of two years:\r\nMember\r\nProvided that for appointment of the Chief Justice of a High Court \r\nthe most Senior Judge mentioned in paragraph (ii) shall not be \r\nmember of the Commission:\r\nProvided further that if for any reason the Chief Justice of a High \r\nCourt is not available, he shall be substituted by a former Chief Justice \r\n1Substituted for the word “two” by the Constitution (Nineteenth Amendment) Act, 2010 (I of \r\n2011); assented to by the President on 1 January 2011; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 4.\r\n2Ibid.\r\n3Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by \r\nthe President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 2011, pp. 1-4, s. 4.\r\n88 | Constitution: (Amendment) Order, 2007\r\nor former Judge of the Court, to be nominated by the Chief Justice of \r\nPakistan in consultation with the four member Judges of the \r\nCommission mentioned in paragraph (ii) of clause (2).] \r\n(6) For appointment of Judges of the Islamabad High Court, the \r\nCommission in clause (2) shall also include the following, namely:−\r\n(i) Chief Justice of the Islamabad High Court; and Member\r\n(ii) the most senior Judge of that High Court: Member\r\nProvided that for initial appointment of the 1[Chief Justice and the] \r\nJudges of the Islamabad High Court, the Chief Justices of the four \r\nProvincial High Courts shall also be members of the Commission: \r\nProvided further that subject to the foregoing proviso, in case of \r\nappointment of Chief Justice of Islamabad High Court, the provisos to \r\nclause (5) shall, mutatis mutandis, apply. \r\n(7) For appointment of Judges of the Federal Shariat Court, the \r\nCommission in clause (2) shall also include the Chief Justice of the \r\nFederal Shariat Court and the most senior Judge of that Court as its \r\nmembers: \r\nProvided that for appointment of Chief Justice of Federal Shariat \r\nCourt, the provisos to clause (5) shall, mutatis mutandis, apply. \r\n(8) The Commission by majority of its total membership shall \r\nnominate to the Parliamentary Committee one person, for each \r\nvacancy of a Judge in the Supreme Court, a High Court or the Federal \r\nShariat Court, as the case may be 2[.]\r\n(9) The Parliamentary Committee, hereinafter in this Article \r\nreferred to as the Committee, shall consist of the following eight \r\nmembers, namely:− \r\n(i) four members from the Senate; and \r\n(ii) four members from the National Assembly 3[:] \r\n4[Provided that when the National Assembly is dissolved, the total \r\nmembership of the Parliamentary Committee shall consist of the \r\nmembers from the Senate only mentioned in paragraph (i) and the \r\nprovisions of this Article shall, mutatis mutandis, apply.] \r\n(10) Out of the eight members of the Committee, four shall be from \r\nthe Treasury Benches, two from each House and four from the \r\nOpposition Benches, two from each House. The nomination of \r\n1Inserted ibid.\r\n2The full stop replaced for the “semi-colon” for purposes of editing.\r\n3Substituted for the “full-stop” by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); \r\nassented to by the President on 1 January 2011; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 4 January 2011, pp. 1-4, s. 4.\r\n4Inserted ibid. \r\nConstitution: (Amendment) Order, 2007 | 89\r\nmembers from the Treasury Benches shall be made by the Leader of \r\nthe House and from the Opposition Benches by the Leader of the \r\nOpposition. \r\n(11) Secretary, Senate shall act as the Secretary of the \r\nCommittee. \r\n(12) The Committee on receipt of a nomination from the \r\nCommission may confirm the nominee by majority of its total \r\nmembership within fourteen days, failing which the nomination shall \r\nbe deemed to have been confirmed: \r\n1[Provided that the Committee, for reasons to be recorded, may \r\nnot confirm the nomination by three-fourth majority of its total \r\nmembership within the said period:]\r\n2[Provided further that if a nomination is not confirmed by the \r\nCommittee it shall forward its decision with reasons so recorded to the \r\nCommission through the Prime Minister: \r\nProvided further that if a nomination is not confirmed, the \r\nCommission shall send another nomination.]\r\n3[(13) The Committee shall send the name of the nominee confirmed \r\nby it or deemed to have been confirmed to the Prime Minister who \r\nshall forward the same to the President for appointment.]\r\n(14) No action or decision taken by the Commission or a \r\nCommittee shall be invalid or called in question only on the ground of \r\nthe existence of a vacancy therein or of the absence of any member \r\nfrom any meeting thereof.\r\n 4[(15) The meetings of the Committee shall be held in camera and \r\nthe record of its proceedings shall be maintained.\r\n(16) The provisions of Article 68 shall not apply to the proceedings \r\nof the Committee.]\r\n 5[(17)] The Committee may make rules for regulating its procedure.]\r\nChapter 2\r\n Supreme Court of Pakistan\r\n176. Constitution of Supreme Court .− The Supreme Court shall \r\nconsist of a Chief Justice to be known as the Chief Justice of Pakistan \r\n1Substituted ibid. \r\n2Inserted ibid.\r\n3Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by \r\nthe President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 2011, pp. 1-4, s. 4.\r\n4Inserted ibid.\r\n5The exiting clause “(15)” was renumbered ibid. \r\nThe\r\n90 | Constitution: (Amendment) Order, 2007\r\nand so many other Judges as may be determined by Act of 1[Majlis-e-\r\nShoora (Parliament)] or, until so determined, as may be fixed by the \r\nPresident.\r\n177. Appointment of Supreme Court Judges .− 2[(1) The Chief \r\nJustice of Pakistan and each of the other Judges of the Supreme \r\nCourt shall be appointed by the President in accordance with Article \r\n175A.]\r\n(2) A person shall not be appointed a Judge of the Supreme Court \r\nunless he is a citizen of Pakistan and −\r\n(a) has for a period of, or for periods aggregating, not less than \r\nfive years been a judge of a High Court (including a High \r\nCourt which existed in Pakistan at any time before the \r\ncommencing day); or \r\n(b) has for a period of, or for periods aggregating not less than \r\nfifteen years been an advocate of a High Court (including a \r\nHigh Court which existed in Pakistan at any time before the \r\ncommencing day). \r\n178. Oath of Office.− Before entering upon office, the Chief \r\nJustice of Pakistan shall make before the President, and any other \r\nJudge of the Supreme Court shall make before the Chief Justice, oath \r\nin the form set out in the Third Schedule. \r\n 3[179. Retiring age.− A Judge of the Supreme Court shall hold office \r\nuntil he attains the age of sixty-five years, unless he sooner resigns or \r\nis removed from office in accordance with the Constitution.]\r\n180. Acting Chief Justice.− At any time when − \r\n(a) the office of Chief Justice of Pakistan is vacant; or\r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 68.\r\n3Substituted by the Constitution (Seventeenth Amendment) Act, 2003 (III of 2003) ; assented to \r\nby the President on 31 December 2003; and, published the same day in the Gazette of Pakistan \r\n(Extraordinary), dated: 31 December 2003, pp. 149-153, s. 6. The existing age of “sixty five \r\nyears” was earlier substituted as “sixty eight years” by the Legal Framework Order (Amendment) \r\nOrder, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: \r\n9 October 2002, pp. 1295-1297, Article 2. The said Order was declared as without lawful \r\nauthority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2. \r\nUnder Article 267B, Article 179 shall be deemed always to have been so substituted: the said \r\nArticle was inserted by the said Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), s. \r\n93. \r\nConstitution: (Amendment) Order, 2007 | 91\r\n(b) the Chief Justice of Pakistan is absent or is unable to \r\nperform the functions of his office due to any other cause,\r\nthe President shall appoint 1[the most senior of the other Judges of the \r\nSupreme Court] to act as Chief Justice of Pakistan.\r\n181. Acting Judges.− (1) At any time when − \r\n(a) the office of a Judge of the Supreme Court is vacant; or \r\n(b) a Judge of the Supreme Court is absent or is unable to \r\nperform the functions of his office due to any other cause, \r\nthe President may, in the manner provided in clause (1) of Article 177, \r\nappoint a Judge of a High Court who is qualified for appointment as a \r\nJudge of the Supreme Court to act temporarily as a Judge of the \r\nSupreme Court. \r\n2[Explanation.− In this clause, 'Judge of a High Court' includes a \r\nperson who has retired as a Judge of a High Court.]\r\n(2) An appointment under this Article shall continue in force until it \r\nis revoked by the President.\r\n182. Appointment of ad hoc Judges.− If at any time it is not \r\npossible for want of quorum of Judges of the Supreme Court to hold or \r\ncontinue any sitting of the Court, or for any other reason it is \r\nnecessary to increase temporarily the number of Judges of the \r\nSupreme Court, the Chief Justice of Pakistan 3[, in consultation with \r\nthe Judicial Commission as provided in clause (2) of Article 175A,] \r\nmay, in writing, − \r\n(a) with the approval of the President, request any person who \r\nhas held the office of a Judge of that Court and since \r\n1Substituted for the words “one of the Judges of the Supreme Court who have not previously \r\nheld the office of Chief Justice of Pakistan otherwise than under this Article” by the Revival of the \r\nConstitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule: the Order \r\ncame into force on 2 March 1985 and was saved under Article 270A of the Constitution. The \r\nwords “the most senior of the other Judges of the Supreme Court” were substituted by the \r\nConstitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13 \r\nSeptember 1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 15 \r\nSeptember 1976, pp. 511-515, s. 6.\r\n2Added by the Constitution (Amendment) Order, 1982 (P.O. No. 2 of 1982), published in the \r\nGazette of Pakistan (Extraordinary), dated: 28 February 1982, p. 3, Article 2. The Order was first \r\nvalidated under Article 270A, inserted by the by the Revival of the Constitution of 1973 Order, \r\n1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 \r\nMarch 1985, pp. 185-227, Article 2 read with the Schedule, item 52: the Order came into force \r\non 2 March 1985 and was saved under Article 270A of the Constitution. It was substituted by the \r\nConstitution (Eighth Amendment) Act, 1985 (XVIII of 1985) ; assented to by the President on 9 \r\nNovember 1985; and, published in the Gazette of Pakistan (Extraordinary), dated: 11 November \r\n1985, pp. 403-410, s. 19.\r\n3Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the \r\nPresident on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 \r\nJanuary 2011, pp. 1-4, s. 5.\r\n92 | Constitution: (Amendment) Order, 2007\r\nwhose ceasing to hold that office three years have not \r\nelapsed; or \r\n(b) with the approval of the President and with the consent of \r\nthe Chief justice of a High Court, require a Judge of that \r\nCourt qualified for appointment as a Judge of the Supreme \r\nCourt, \r\nto attend sittings of the Supreme Court as an ad hoc Judge for such \r\nperiod as may be necessary and while so attending an ad hoc Judge \r\nshall have the same power and jurisdiction as a Judge of the Supreme \r\nCourt. \r\n183. Seat of the Supreme Court .− (1) The permanent seat of the \r\nSupreme Court shall, subject to clause (3), be at Islamabad. \r\n(2) The Supreme Court may from time to time to time sit in such \r\nother places as the Chief Justice of Pakistan, with the approval of the \r\nPresident, may appoint. \r\n(3) Until provision is made for establishing the Supreme Court at \r\nIslamabad, the seat of the Court shall be at such place as the \r\nPresident may appoint. \r\n184. Original jurisdiction of Supreme Court .− (1) The Supreme \r\nCourt shall, to the exclusion of every other court, have original \r\njurisdiction in any dispute between any two or more Governments. \r\nExplanation.− In this clause, \"Governments\" means the Federal \r\nGovernment and the Provincial Governments. \r\n(2) In the exercise of the jurisdiction conferred on it by clause (1), \r\nthe Supreme Court shall pronounce declaratory judgments only. \r\n(3) Without prejudice to the provisions of Article 199, the Supreme \r\nCourt shall, if it considers that a question of public importance with \r\nreference to the enforcement of any of the Fundamental Rights \r\nconferred by Chapter I of Part II is involved, have the power to make \r\nan order of the nature mentioned in the said Article. \r\n185. Appellate Jurisdiction of Supreme Court .− (1) Subject to \r\nthis Article, the Supreme Court shall have jurisdiction to hear and \r\ndetermine appeals from judgments, decrees, final orders or sentences \r\nof a High Court.\r\n(2) An appeal shall lie to the Supreme Court from any judgment, \r\ndecree, final order or sentence of a High Court −\r\n(a) if the High Court has on appeal reversed an order of \r\nacquittal of an accused person and sentenced him to death \r\nor to transportation for life or imprisonment for life; or, on \r\nrevision, has enhanced a sentence to a sentence as \r\naforesaid; or \r\nConstitution: (Amendment) Order, 2007 | 93\r\n(b) if the High Court has withdrawn for trial before itself any \r\ncase from any court subordinate to it and has in such trial \r\nconvicted the accused person and sentenced him as \r\naforesaid; or \r\n(c) if the High Court has imposed any punishment on any \r\nperson for contempt of the High Court; or \r\n(d) if the amount or value of the subject matter of the dispute in \r\nthe court of first instance was, and also in dispute in appeal \r\nis, not less than fifty thousand rupees or such other sum as \r\nmay be specified in that behalf by Act of 1[Majlis-e-Shoora \r\n(Parliament)] and the judgment, decree or final order \r\nappealed from has varied or set aside the judgment, \r\ndecree or final order of the court immediately below; or \r\n(e) if the judgment, decree or final order involves directly or \r\nindirectly some claim or question respecting property of the \r\nlike amount or value and the judgment, decree or final \r\norder appealed from has varied or set aside the judgment, \r\ndecree or final order of the court immediately below; or \r\n(f) if the High Court certifies that the case involves a \r\nsubstantial question of law as to the interpretation of the \r\nConstitution. \r\n(3) An appeal to the Supreme Court from a judgment, decree, \r\norder or sentence of a High Court in a case to which clause (2) does \r\nnot apply shall lie only if the Supreme Court grants leave to appeal. \r\n186. Advisory Jurisdiction.− (1) If, at any time, the President \r\nconsiders that it is desirable to obtain the opinion of the Supreme \r\nCourt on any question of law which he considers of public importance, \r\nhe may refer the question to the Supreme Court for consideration. \r\n(2) The Supreme Court shall consider a question so referred and \r\nreport its opinion on the question to the President. \r\n 2[186A. Power of Supreme Court to transfer cases .− (1) The \r\nSupreme Court may, if it considers it expedient to do so in the interest \r\nof justice, transfer any case, appeal or other proceedings pending \r\nbefore any High Court to any other High Court.]\r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 36: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n94 | Constitution: (Amendment) Order, 2007\r\n187. Issue and execution of processes of Supreme Court .− \r\n(1) 1[Subject to clause (2) of Article 175, the] Supreme Court shall \r\nhave power to issue such directions, orders or decrees as may be \r\nnecessary for doing complete justice in any case or matter pending \r\nbefore it, including an order for the purpose of securing the attendance \r\nof any person or the discovery or production of any document. \r\n(2) Any such direction, order or decree shall be enforceable \r\nthroughout Pakistan and shall, where it is to be executed in a \r\nProvince, or a territory or an area not forming part of a Province but \r\nwithin the jurisdiction of the High Court of the Province, be executed \r\nas if it had been issued by the High Court of that Province. \r\n(3) If a question arises as to which High Court shall give effect to a \r\ndirection, order or decree of the Supreme Court, the decision of the \r\nSupreme Court on the question shall be final. \r\n188. Review of judgments or orders by the Supreme Court .− \r\nThe Supreme Court shall have power, subject to the provisions of any \r\nAct of 2[Majlis-e-Shoora (Parliament)] and of any rules made by the \r\nSupreme Court, to review any judgment pronounced or any order \r\nmade by it. \r\n189. Decisions of Supreme Court binding on other courts .− \r\nAny decision of the Supreme Court shall, to the extent that it decides a \r\nquestion of law or is based upon or enunciates a principle of law, be \r\nbinding on all other courts in Pakistan. \r\n190. Action in aid of Supreme Court.− All executive and judicial \r\nauthorities throughout Pakistan shall act in aid of the Supreme Court. \r\n191. Rules of Procedure .− Subject to the Constitution and law, the \r\nSupreme Court may make rules regulating the practice and procedure \r\nof the Court.\r\nChapter 3\r\n High Courts\r\n192. Constitution of High Court.− (1) A High Court shall consist of \r\na Chief Justice and so many other Judges as may be determined by \r\nlaw or, until so determined, as may be fixed by the President. \r\n1Substituted for the word “The” by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); \r\nassented to by the President on 13 September 1976; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 15 September 1976, pp. 511-515, s. 7.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nThe\r\nConstitution: (Amendment) Order, 2007 | 95\r\n1[(2) The Sindh and Balochistan High Court shall cease to function \r\nas a common High Court for the Provinces of Balochistan and Sindh. \r\n(3) The President shall, by Order 2, establish a High Court for each \r\nof the Provinces of Balochistan and Sindh and may make such \r\nprovision in the Order for the principal seats of the two High Courts, \r\ntransfer of the Judges of the common High Court, transfer of cases \r\npending in the common High Court immediately before the \r\nestablishment of the two High Courts and, generally, for matters \r\nconsequential or ancillary to the common High Court ceasing to \r\nfunction and the establishment of the two High Courts as he may \r\ndeem fit.\r\n(4) * * * * * * * ]\r\n(5) The jurisdiction of a High Court may, by Act of 3[Majlis-e-\r\nShoora (Parliament)], be extended to any area in Pakistan not forming \r\npart of a Province.\r\n193. Appointment of High Court Judges.− 4[(1) The Chief Justice \r\nand each of other Judges of a High Court shall be appointed by the \r\nPresident in accordance with Article 175A.]\r\n(2) A person shall not be appointed a Judge of a High Court \r\nunless he is a citizen of Pakistan, is not less than 5[forty-five] years of \r\nage, and − \r\n(a) he has for a period of, or for periods aggregating, not less \r\nthan ten years been an advocate of a High Court (including \r\na High Court which existed in Pakistan at any time before \r\nthe commencing day); or\r\n1Clauses (2) and (3) were substituted and clause (4) was omitted by implication by the \r\nConstitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13 \r\nSeptember 1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 15 \r\nSeptember 1976, pp. 511-515, s. 8: it came into force on 1 December, 1976, subsection (2) of \r\nsection 1 of the said Act.\r\n2Two separate High Courts for the two Provinces were constituted by the Baluchistan and Sind \r\n(High Courts) Order, 1974 (P.O. No. 6 of 1976), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 29 November 1976, pp. 595-599. \r\n3Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 69.\r\n5Substituted ibid, for the word “forty”: it came into force on 21 August 2002. The then existing age \r\nof `forty’ was earlier substituted as `forty five years’ by the Legal Framework Order (Amendment) \r\nOrder, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: \r\n9 October 2002, pp. 1295-1297, Article 2. The said Order was declared as without lawful \r\nauthority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.\r\n96 | Constitution: (Amendment) Order, 2007\r\n(b) he is, and has for a period of not less than ten years been, \r\na member of a civil service prescribed by law for the \r\npurposes of this paragraph, and has, for a period of not \r\nless than three years, served as or exercised the functions \r\nof a District Judge in Pakistan; or\r\n(c) he has, for a period of not less than ten years, held a \r\njudicial office in Pakistan.\r\n1[Explanation.− In computing the period during which a person has \r\nbeen an advocate of a High Court or held judicial office, there shall be \r\nincluded any period during which he has held judicial office after he \r\nbecame an advocate or, as the case may be, the period during which \r\nhe has been an advocate after having held judicial office.]\r\n(3) In this Article, \"District Judge\" means Judge of a principal civil \r\ncourt of original jurisdiction. \r\n194. Oath of Office .− Before entering upon office, the Chief Justice \r\nof a High Court shall make before the Governor, and any other Judge \r\nof the Court shall make before the Chief Justice, oath in the form set \r\nout in the Third Schedule 2[:]\r\n3[Provided that the Chief Justice of the Islamabad High Court shall \r\nmake oath before the President and other Judges of that Court shall \r\nmake oath before the Chief Justice of the Islamabad High Court.]\r\n 4[195. Retiring age.− A Judge of the High Court shall hold office until \r\nhe attains the age of sixty-two years, unless he sooner resigns or is \r\nremoved from office in accordance with the Constitution.]\r\n196. Acting Chief Justice.− At any time when − \r\n(a) the office of Chief Justice of a High Court is vacant, or\r\n1Added by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 8.\r\n2Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 70.\r\n3Added ibid. \r\n4Substituted by the Constitution (Seventeenth Amendment) Act, 2003 (III of 2003) ; assented to \r\nby the President on 31 December 2003; and, published the same day in the Gazette of Pakistan \r\n(Extraordinary), dated: 31 December 2003, pp. 149-153, s. 7. The existing age of `sixty two \r\nyears’ was earlier substituted as ‘sixty five years’ by the Legal Framework Order (Amendment) \r\nOrder, 2002 (CEO No. 29 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: \r\n9 October 2002, pp. 1295-1297, Article 2. The said Order was declared as without lawful \r\nauthority and of no legal effect by Article 270AA, substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2. \r\nUnder Article 267B, Article 195 shall be deemed always to have been so substituted: the said \r\nArticle was inserted by the said Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), s. \r\n93. \r\nConstitution: (Amendment) Order, 2007 | 97\r\n(b) the Chief Justice of a High Court is absent or is unable to \r\nperform the functions of his office due to any other cause, \r\nthe President shall appoint 1[one of the other Judges of the \r\nHigh Court, or may request one of the Judges of the \r\nSupreme Court,] to act as Chief Justice.\r\n197. Additional Judges.− At any time when − \r\n(a) the office of a Judge of a High Court is vacant; or\r\n(b) a Judge of a High Court is absent or is unable to perform \r\nthe functions of his office due to any other cause; or\r\n(c) for any reason it is necessary to increase the number of \r\nJudges of a High Court, the President may, in the manner \r\nprovided in clause (1) of Article 193, appoint a person \r\nqualified for appointment as a Judge of the High Court to \r\nbe Additional Judge of the Court for such period as the \r\nPresident may determine, being a period not exceeding \r\nsuch period, if any, as may be prescribed by law.\r\n198. Seat of the High Court .− 2[(1)] Each High Court in existence \r\nimmediately before the commencing day shall continue to have its \r\nprincipal seat at the place where it had such seat before that day. \r\n3[(1A) The High Court for Islamabad Capital Territory shall have its \r\nprincipal seat at Islamabad.]\r\n4[(2) Each High Court and the Judges and divisional courts thereof \r\nshall sit at its principal seat and the seats of its Benches and may \r\nhold, at any place within its territorial jurisdiction, circuit courts \r\nconsisting of such of the Judges as may be nominated by the Chief \r\nJustice. \r\n1Substituted for the words “one of the Judges of the High Court who have not previously held the \r\noffice of Chief Justice of the High Court otherwise than under this Article” by the Revival of the \r\nConstitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 38: \r\nthe Order came into force on 2 March 1985 and was saved under Article 270A of the \r\nConstitution. Earlier, the original words “the most senior of the other Judges of the High Court” \r\nwere substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by \r\nthe President on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 10.\r\n2The existing clause was renumbered by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 39: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 71.\r\n4Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 39: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n98 | Constitution: (Amendment) Order, 2007\r\n(3) The Lahore High Court shall have a Bench each at \r\nBahawalpur, Multan and Rawalpindi; the High Court of Sindh shall \r\nhave a Bench at Sukkur; the Peshawar High Court shall have a Bench \r\neach at Abbottabad 1[, Mingora] and Dera Ismail Khan and the High \r\nCourt of Balochistan shall have a Bench at Sibi 2[and Turbat]. \r\n(4) Each of the High Courts may have Benches at such other \r\nplaces as the Governor may determine on the advice of the Cabinet \r\nand in consultation with the Chief Justice of the High Court. \r\n(5) A Bench referred to in clause (3), or established under clause \r\n(4), shall consist of such of the Judges of the High Court as may be \r\nnominated by the Chief Justice from time to time for a period of not \r\nless than one year. \r\n(6) The Governor in consultation with the Chief Justice of the High \r\nCourt shall make rules to provide the following matters, that is to say,− \r\n(a) assigning the area in relation to which each Bench shall \r\nexercise jurisdiction vested in the High Court; and\r\n(b) for all incidental, supplemental or consequential matters.]\r\n199. Jurisdiction of High Court.− (1) Subject to the Constitution, a \r\nHigh Court may, if it is satisfied that no other adequate remedy is \r\nprovided by law,− \r\n(a) on the application of any aggrieved party, make an order − \r\n(i) directing a person performing, within the territorial \r\njurisdiction of the Court, functions in connection with \r\nthe affairs of the Federation, a Province or a local \r\nauthority, to refrain from doing anything he is not \r\npermitted by law to do, or to do anything he is required \r\nby law to do; or \r\n(ii) declaring that any act done or proceeding taken within \r\nthe territorial jurisdiction of the Court by a person \r\nperforming functions in connection with the affairs of \r\nthe Federation, a Province or a local authority has been \r\ndone or taken without lawful authority and is of no legal \r\neffect; or \r\n(b) on the application of any person, make an order − \r\n(i) directing that a person in custody within the territorial \r\njurisdiction of the Court be brought before it so that the \r\nCourt may satisfy itself that he is not being held in \r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 71.2Added ibid.\r\nConstitution: (Amendment) Order, 2007 | 99\r\ncustody without lawful authority or in an unlawful \r\nmanner; or \r\n(ii) requiring a person within the territorial jurisdiction of the \r\nCourt holding or purporting to hold a public office to \r\nshow under what authority of law he claims to hold that \r\noffice; or \r\n(c) on the application of any aggrieved person, make an order \r\ngiving such directions to any person or authority , including \r\nany Government exercising any power or performing any \r\nfunction in, or in relation to, any territory within the \r\njurisdiction of that Court as may be appropriate for the \r\nenforcement of any of the Fundamental Rights conferred \r\nby Chapter 1 of Part II. \r\n(2) Subject to the Constitution , the right to move a High Court for \r\nthe enforcement of any of the Fundamental Rights conferred by \r\nChapter 1 of Part II shall not be abridged. \r\n 1[(3) An order shall not be made under clause (1) on application \r\nmade by or in relation to a person who is a member of the Armed \r\nForces of Pakistan, or who is for the time being subject to any law \r\nrelating to any of those Forces, in respect of his terms and conditions \r\nof service, in respect of any matter arising out of his service, or in \r\nrespect of any action taken in relation to him as a member of the \r\nArmed Forces of Pakistan or as a person subject to such law.]\r\n 2[(3A) * * * * * * * ] \r\n (3B) * * * * * * * ]\r\n (3C) * * * * * * * ]\r\n(4) Where − \r\n(a) an application is made to a High Court for an order under \r\nparagraph (a) or paragraph (c) of clause (1), and \r\n1Substituted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by \r\nthe President on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 9.\r\n2Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 40: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution. Clause (3A) was inserted by the Constitution (Fourth \r\nAmendment) Act, 1975 (LXXI of 1975); assented to by the President on 21 November 1975; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. \r\n8. Later, the said clause (3A) was substituted and clauses (3B) and (3C), added by the \r\nConstitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the President on 13 \r\nSeptember 1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 15 \r\nSeptember 1975, pp. 511-515, s. 11. For the latest version of clauses (3A), (3B) and (3C), see \r\nthe Constitution (Amendment) Order, 1980 (I of 1980), issued by the President on 26 May 1980 \r\nand was published in the Gazette of Pakistan (Extraordinary), dated: 27 May 1980, pp. 59-64, \r\nArticle 2.\r\n100 | Constitution: (Amendment) Order, 2007\r\n(b) the making of an interim order would have the effect of \r\nprejudicing or interfering with the carrying out of a public \r\nwork or of otherwise being harmful to the public interest 1[or \r\nState property] or of impeding the assessment or collection \r\nof public revenues, \r\nthe Court shall not make an interim order unless the prescribed \r\nlaw officer has been given notice of the application and he or \r\nany person authorised by him in that behalf has had an \r\nopportunity of being heard and the Court, for reasons to be \r\nrecorded in writing, is satisfied that the interim order − \r\n(i) would not have such effect as aforesaid; or\r\n(ii) would have the effect of suspending an order or \r\nproceeding which on the face of the record is without \r\njurisdiction.\r\n2[(4A) An interim order made by a High Court on an application \r\nmade to it to question the validity or legal effect of any order made, \r\nproceeding taken or act done by any authority or person, which has \r\nbeen made, taken or done or purports to have been made, taken or \r\ndone under any law which is specified in Part I of the First Schedule or \r\nrelates to, or is connected with, State property or assessment or \r\ncollection of public revenues shall cease to have effect on the \r\nexpiration of a period of six months following the day on which it is \r\nmade: \r\nProvided that the matter shall be finally decided by the High Court \r\nwithin six months from the date on which the interim order is made.]\r\n3[(4B) Every case in which, on an application under clause (1), the \r\nHigh Court has made an interim order shall be disposed of by the High \r\nCourt on merits within six months from the day on which it is made, \r\nunless the High Court is prevented from doing so for sufficient cause \r\nto be recorded.]\r\n(5) In this Article, unless the context otherwise requires,−\r\n1Inserted ibid.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 72. It was earlier inserted by the Constitution (Fourth Amendment) \r\nAct, 1975 (LXXI of 1975); assented to by the President on 21 November 1975; and, published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 8.\r\n3Subsection 4(b) was omitted by the Legal Framework Order, 2002 (C.E. No. 24 of 2002 , \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-1049, \r\nArticle 3 read with the Schedule, item 18. The said Order was declared as without lawful \r\nauthority and of no legal effect by Article 270AA: it was substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. \r\n2. It was originally inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of \r\n1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, \r\nArticle 2 read with the Schedule, item 40: the Order came into force on 2 March 1985 and was \r\nsaved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 101\r\n\"person\" includes any body politic or corporate, any authority \r\nof or under the control of the Federal Government or of a \r\nProvincial Government, and any Court or tribunal, other than \r\nthe Supreme Court, a High Court or a Court or tribunal \r\nestablished under a law relating to the Armed Forces of \r\nPakistan; and\r\n\"prescribed law officer\" means −\r\n(a) in relation to an application affecting the Federal \r\nGovernment or an authority of or under the control of the \r\nFederal Government, the Attorney-General, and\r\n(b) in any other case, the Advocate-General for the Province in \r\nwhich the application is made. \r\n200. Transfer of High Court Judges .− (1) The President may \r\ntransfer a Judge of a High Court from one High Court to another High \r\nCourt, but no Judge shall be so transferred except with his consent \r\nand after consultation by the President with the Chief Justice of \r\nPakistan and the Chief Justices of both High Courts 1[:] \r\n 2[ * * * * * * * * * ]\r\n3[Explanation.− In this Article, \"Judge\" does not include a Chief \r\nJustice 4[but includes a Judge for the time being acting as Chief \r\nJustice of a High Court other than a Judge of the Supreme Court \r\nacting as such in pursuance of a request made under paragraph (b) of \r\nArticle 196].]\r\n5[(2) Where a Judge is so transferred or is appointed to an office \r\nother than that of Judge at a place other than the principal seat of the \r\nHigh Court, he shall, during the period for which he serves as a Judge \r\nof the High Court to which he is transferred, or holds such other office, \r\n1Substituted for the “full stop” by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976) ; \r\nassented to by the President on 13 September 1976; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 15 September 1976, pp. 511-515, s. 12.\r\n2Proviso was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 73. It was earlier added by the Constitution \r\n(Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the President on 13 September \r\n1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 15 September 1976, pp. \r\n511-515, s. 12.\r\n3Added by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and , published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 12: it came into force on 1 December 1976.\r\n4Added by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of 1985), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article 3: the Order \r\nwas saved under Article 270A of the Constitution.\r\n5Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 41: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n102 | Constitution: (Amendment) Order, 2007\r\nbe entitled to such allowances and privileges, in addition to his salary, \r\nas the President may, by Order, determine.] \r\n1[(3) If at any time it is necessary for any reason to increase \r\ntemporarily the number of Judges of a High Court, the Chief Justice of \r\nthat Court may require a Judge of any other High Court to attend \r\nsittings of the former High Court for such period as may be necessary \r\nand, while so attending the sittings of the High Court, the Judge shall \r\nhave the same power and jurisdiction as a Judge of that High Court: \r\nProvided that a Judge shall not be so required except with his \r\nconsent and the approval of the President and after consultation with \r\nthe Chief Justice of Pakistan and the Chief Justice of the High Court of \r\nwhich he is a Judge.]\r\n2[Explanation.− In this Article, \"High Court\" includes a Bench of a \r\nHigh Court.]\r\n3[(4) * * * * * * * ] \r\n201. Decision of High Court binding on subordinate courts .− \r\nSubject to Article 189, any decision of a High Court shall, to the extent \r\nthat it decides a question of law or is based upon or enunciates a \r\nprinciple of law, be binding on all courts subordinate to it. \r\n202. Rules of procedure .− Subject to the Constitution and law, a \r\nHigh Court may make rules regulating the practice and procedure of \r\nthe Court or of any court subordinate to it. \r\n203. High Court to superintend subordinate courts .− Each \r\nHigh Court shall supervise and control all courts subordinate to it.\r\n4[Chapter 3A\r\nFederal Shariat Court\r\n1Added by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 10.2Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 41: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n3Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 73. It was earlier added by the Constitution (Third Amendment) \r\nOrder, 1985 (P. O. No. 24 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: \r\n19 March 1985, pp. 237-239, Article 3: the Order was saved under Article 270A of the \r\nConstitution.\r\n4Substituted by the Constitution (Amendment) Order, 1980 (P. O. No. 1 of 1980), issued by the \r\nPresident on 26 May 1980 and was published in the Gazette of Pakistan (Extraordinary), dated: \r\n27 May 1980, pp. 59-64, Article 3. It was originally inserted by the Constitution (Amendment) \r\nOrder, 1979 (P.O. No. 3 of 1979), published in the Gazette of Pakistan (Extraordinary), dated: 7 \r\nFebruary 1979, pp. 29-32, Article 2: it came into force on 10 February 1979, Article 1(2). Both the \r\nOrders were saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 103\r\n203A. Provisions of Chapter to override other provisions of \r\nConstitution.− The provisions of this Chapter shall have effect \r\nnotwithstanding anything contained in the Constitution. \r\n203B. Definitions.− In this Chapter, unless there is anything \r\nrepugnant in the subject or context,− \r\n 1[(a) ‘Chief Justice’ means Chief Justice of the Court;]\r\n(b) \"Court\" means the Federal Shariat Court constituted in \r\npursuance of Article 203C;\r\n2[(bb) ‘Judge’ means Judge of the Court;]\r\n(c) \"law\" includes any custom or usage having the force of law \r\nbut does 3[not] include the Constitution , Muslim personal \r\nlaw, any law relating to the procedure of any court or \r\ntribunal or, until the expiration of 4[ten] years from the \r\ncommencement of this Chapter, any fiscal law or any law \r\nrelating to the levy and collection of taxes and fees or \r\nbanking or insurance practice and procedure; and\r\n5[(d) * * * * * * ]\r\n203C. The Federal Shariat Court .− (1) There shall be constituted \r\nfor the purposes of this Chapter a court to be called the Federal \r\nShariat Court. \r\n1Substituted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued \r\nby the President on 22 March 1982 and was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article \r\n270A of the Constitution.\r\n2Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article 270A of the \r\nConstitution.\r\n3The word “not” has been added during editing in the light of the import of the text.\r\n4Substituted for the word “five” by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. \r\n14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. \r\n185-227, Article 2 read with the Schedule, item 42: the Order came into force on 2 March 1985. \r\nThe word “four” was substituted by the Constitution (Second Amendment) Order, 1984 (P. O. \r\nNo. 2 of 1984), published in the Gazette of Pakistan (Extraordinary), dated: 26 April 1984, pp. \r\n71-72, Article 2. The word “three” was substituted by Constitution (Second Amendment) Order, \r\n1983 (P. O. No. 7 of 1983), published in the Gazette of Pakistan (Extraordinary), dated: 19 May \r\n1983, p. 87, Article 2: the said three Orders were saved under Article 270A of the Constitution.\r\n5Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 2: the Order was saved under Article 270A of the \r\nConstitution. \r\n104 | Constitution: (Amendment) Order, 2007\r\n1[(2) The Court shall consist of not more than eight Muslim 2[Judges], \r\nincluding the 3[Chief Justice], to be appointed by the President 4[in \r\naccordance with Article 175A].]\r\n5[(3) The Chief Justice shall be a person who is, or has been, or is \r\nqualified to be, a Judge of the Supreme Court or who is or has been a \r\npermanent Judge of a High Court.\r\n (3A) Of the Judges, not more than four shall be persons each one \r\nof whom is, or has been, or is qualified to be, a Judge of a High Court \r\nand not more than three shall be Ulema 6[having at least fifteen years \r\nexperience in Islamic law, research or instruction].]\r\n(4) The 7[Chief Justice] and a 8[Judge] shall hold office for a period \r\nnot exceeding three years, but may be appointed for such further term \r\nor terms as the President may determine: \r\nProvided that a Judge of a High Court shall not be appointed to be \r\na 9[Judge] 10[* * * *] except with his consent and 11[, except where the \r\nJudge is himself the Chief Justice,] after consultation by the President \r\nwith the Chief Justice of the High Court.\r\n1Substituted by the Constitution (Second Amendment) Order, 1981 (P.O. No. 7 of 1981), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 27 May 1981, p. 107, Article 2: the \r\nOrder was saved under Article 270A of the Constitution.\r\n2Substituted for the word “members” by the Constitution (Second Amendment) Order, 1982 (P. \r\nO. No. 5 of 1982), issued by the President on 22 March 1982 and was published in the Gazette \r\nof Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved \r\nunder Article 270A of the Constitution.\r\n3Substituted ibid, for the word “Chairman”.\r\n4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 74.\r\n5Substituted by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article \r\n4: the Order was saved under Article 270A of the Constitution.\r\n6Substituted for the words “who are well-versed in Islamic law” by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 74.\r\n7Substituted for the word “Chairman” by the Constitution (Second Amendment) Order, 1982 (P. \r\nO. No. 5 of 1982), issued by the President on 22 March 1982 and was published in the Gazette \r\nof Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved \r\nunder Article 270A of the Constitution.\r\n8Substituted ibid, for the word “member”.\r\n9Ibid.\r\n10The words “for a period exceeding two years” were omitted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 74.\r\n11Inserted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-108, Article 2.\r\nConstitution: (Amendment) Order, 2007 | 105\r\n1[(4A) The 2[Chief Justice], if he is not a Judge of the Supreme \r\nCourt, and a 3[Judge] who is not a Judge of a High Court, may, by \r\nwriting under his hand addressed to the President, resign his office.]\r\n4[(4B) The Chief Justice and a Judge shall not be removed from \r\noffice except in the like manner and on the like grounds as a Judge of \r\nthe Supreme Court.]\r\n 5[(4C) * * * * * * * ] \r\n 6[(5) * * * * * * * ]\r\n (6) The Principal seat of the Court shall be at Islamabad, but the \r\nCourt may from time to time sit in such other places in Pakistan as the \r\n7[Chief Justice] may, with the approval of the President, appoint. \r\n(7) Before entering upon office, the 8[Chief Justice] and a 9[Judge] \r\nshall make before the President or a person nominated by him oath in \r\nthe form set out in the Third Schedule.\r\n (8) At any time when the 10[Chief Justice] or a 11[Judge] is \r\nabsent or is unable to perform the functions of his office, the President \r\nshall appoint another person qualified for the purpose to act as 12[Chief \r\nJustice] or, as the case may be, 13[Judge]. \r\n1Ibid.\r\n2Substituted ibid, for the word “Chairman”, Article 3.\r\n3Substituted ibid, for the word “member”.\r\n4Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 74. It was earlier inserted by the Revival of the Constitution of \r\n1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 43: the Order came \r\ninto force on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n5Omitted ibid. It was earlier inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. \r\nNo. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. \r\n185-227, Article 2 read with the Schedule, item 43: the Order came into force on 2 March 1985 \r\nand was saved under Article 270A of the Constitution.\r\n6Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 74. \r\n7Substituted for the word “Chairman” by the Constitution (Second Amendment) Order, 1982 (P. \r\nO. No. 5 of 1982), issued by the President on 22 March 1982 and was published in the Gazette \r\nof Pakistan (Extraordinary), dated: 25 March 1982, pp. 19-21, Article 3: the Order was saved \r\nunder Article 270A of the Constitution.\r\n8Ibid.\r\n9Ibid, for the word “member”.\r\n10Ibid, for the word “Chairman”.\r\n11Ibid, for the word “member”.\r\n12Ibid, for the word “Chairman”.\r\n13Ibid, for the word “member”.\r\n106 | Constitution: (Amendment) Order, 2007\r\n1[(9) A Chief Justice who is not a Judge of the Supreme Court shall \r\nbe entitled to the same remuneration, allowances and privileges as \r\nare admissible to a Judge of the Supreme Court and a Judge who is \r\nnot a Judge of a High Court shall be entitled to the same \r\nremuneration, allowances and privileges as are admissible to a Judge \r\nof a High Court: \r\nProvided that where a Judge is already drawing a pension for any \r\nother post in the service of Pakistan, the amount of such pension shall \r\nbe deducted from the pension admissible under this clause.]\r\n 2[203CC. Panel of Ulema and Ulema members.− * * * ]\r\n203D. Powers, jurisdiction and functions of the Court .− (1) \r\nThe Court may, 3[either of its own motion or] on the petition of a citizen \r\nof Pakistan or the Federal Government or a Provincial Government, \r\nexamine and decide the question whether or not any law or provision \r\nof law is repugnant to the Injunctions of Islam, as laid down in the Holy \r\nQuran and the Sunnah of the Holy Prophet, hereinafter referred to as \r\nthe Injunctions of Islam. \r\n4[(1A) Where the Court takes up the examination of any law or \r\nprovision of law under clause (1) and such law or provision of law \r\nappears to it to be repugnant to the Injunctions of Islam, the Court \r\nshall cause to be given to the Federal Government in the case of a \r\nlaw with respect to a matter in the Federal Legislative List 5[* * * * * *], \r\nor to the Provincial Government in the case of a law with respect to a \r\nmatter not enumerated 6[in the Federal Legislative List], a notice \r\nspecifying the particular provisions that appear to it to be so \r\nrepugnant, and afford to such Government adequate opportunity to \r\nhave its point of view placed before the Court.] \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 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 \r\nin the Gazette of Pakistan (Extraordinary), dated: 27 May 1981, p. 107, Article 3. It was earlier \r\ninserted by the Constitution (Amendment) Order, 1981 (P. O. No. 5 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 13 April 1981, pp. 73-74, Article 2: both the Orders \r\nwere saved under Article 270A of the Constitution.\r\n3Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 4: the Order was saved under Article 270A of the \r\nConstitution.\r\n4Inserted by the Constitution (Amendment) Order, 1984 (P. O. No. 1 of 1984), published in the \r\nGazette of Pakistan (Extraordinary), dated: 14 February 1984, pp. 27-28, Article 2: the Order \r\nwas saved under Article 270A of the Constitution.\r\n5The words “or the Concurrent Legislative List” were omitted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 75.\r\n6Substituted ibid, for the words “in the either of those Lists”.\r\nConstitution: (Amendment) Order, 2007 | 107\r\n(2) If the Court decides that any law or provision of law is \r\nrepugnant to the Injunctions of Islam, it shall set out in its decision −\r\n(a) the reasons for its holding that opinion; and\r\n(b) the extent to which such law or provision is so repugnant; \r\nand specify the day on which the decision shall take effect \r\n[:]1\r\n2[Provided that no such decision shall be deemed to take effect \r\nbefore the expiration of the period within which an appeal therefrom \r\nmay be preferred to the Supreme Court or, where an appeal has been \r\nso preferred, before the disposal of such appeal.]\r\n(3) If any law or provision of law is held by the Court to be \r\nrepugnant to the Injunctions of Islam,− \r\n(a) the President in the case of a law with respect to a matter \r\nin the Federal Legislative List [or the Concurrent Legislative \r\nList]3, or the Governor in the case of a law with respect to a \r\nmatter not enumerated [in either of those Lists] 4, shall take \r\nsteps to amend the law so as to bring such law or provision \r\ninto conformity with the Injunctions of Islam; and\r\n(b) such law or provision shall, to the extent to which it is held \r\nto be so repugnant, cease to have effect on the day on \r\nwhich the decision of the Court takes effect.\r\n5[(4) * * * * * * * ]\r\n 6[203DD. Revisional and other jurisdiction of the Court .− (1) \r\nThe Court may call for and examine the record of any case decided by \r\n1Substituted for the “full-stop” by the Constitution (Amendment) Order, 1984 (P. O. No. 1 of \r\n1984), published in the Gazette of Pakistan (Extraordinary), dated: 14 February 1984, pp. 27-28, \r\nArticle 2: it came into force from the date of the commencement of the Constitution i.e. 14 August \r\n1973: the Order was saved under Article 270A of the Constitution.\r\n2Added ibid. \r\n3As a consequence of the omission of the Concurrent Legislative List by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. \r\n101, the expression “or the Concurrent Legislative List” may be construed as `omitted’ on the \r\nprinciple of consistency.\r\n4As a consequence of the omission of the Concurrent Legislative List by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. \r\n101, the expression “in either of those Lists” may be construed as “in the Federal Legislative List” \r\non the principle of consistency.\r\n5Omitted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-108, Article 3: the Order \r\nwas saved under Article 270A of the Constitution.\r\n6Substituted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued \r\nby the President on 22 March 1982 and was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 25 March 1982, pp. 19-21, Article 5. It was earlier inserted by the \r\nConstitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), published in the Gazette of \r\nPakistan (Extraordinary), dated: 21 June1980, pp.107-108, Article 4: both the Orders were saved \r\nunder Article 270A of the Constitution.\r\n108 | Constitution: (Amendment) Order, 2007\r\nany criminal court under any law relating to the enforcement of \r\nHudood for the purpose of satisfying itself as to the correctness, \r\nlegality or propriety of any finding, sentence or order recorded or \r\npassed by, and as to the regularity of any proceedings of, such court \r\nand may, when calling for such record, direct that the execution of any \r\nsentence be suspended and, if the accused is in confinement, that he \r\nbe released on bail or on his own bond pending the examination of the \r\nrecord.\r\n(2) In any case the record of which has been called for by the \r\nCourt, the Court may pass such order as it may deem fit and may \r\nenhance the sentence: \r\nProvided that nothing in this Article shall be deemed to authorise the \r\nCourt to convert a finding of acquittal into one of conviction and no \r\norder under this Article shall be made to the prejudice of the accused \r\nunless he has had an opportunity of being heard in his own defence.\r\n(3) The Court shall have such other jurisdiction as may be \r\nconferred on it by or under any law.]\r\n203E. Powers and procedure of the Court .− (1) For the \r\npurposes of the performance of its functions, the Court shall have the \r\npowers of a Civil Court trying a suit under the Code of Civil Procedure, \r\n1908 (Act V of 1908), in respect of the following matters, namely:−\r\n(a) summoning and enforcing the attendance of any person \r\nand examining him on oath;\r\n(b) requiring the discovery and production of any document;\r\n(c) receiving evidence on affidavits; and\r\n(d) issuing commissions for the examination of witnesses or \r\ndocuments.\r\n(2) The Court shall have power to conduct its proceedings and \r\nregulate its procedure in all respects as it deems fit.\r\n(3) The Court shall have the power of a High Court to punish its \r\nown contempt.\r\n(4) A party to any proceedings before the Court under clause (1) \r\nof Article 203D may be represented by a legal practitioner who is a \r\nMuslim and has been enrolled as an advocate of a High Court for a \r\nperiod of not less than five years or as an advocate of the Supreme \r\nCourt or by a jurisconsult selected by the party from out of a panel of \r\njurisconsults maintained by the Court for the purpose.\r\nConstitution: (Amendment) Order, 2007 | 109\r\n(5) For being eligible to have his name borne on the panel of \r\njurisconsults referred to in clause (4), a person shall be an aalim who, \r\nin the opinion of the Court, is well-versed in Shariat.\r\n(6) A legal practitioner or jurisconsult representing a party before \r\nthe Court shall not plead for the party but shall state, expound and \r\ninterpret the Injunctions of Islam relevant to the proceedings so far as \r\nmay be known to him and submit to the Court a written statement of \r\nhis interpretation of such Injunctions of Islam.\r\n(7) The Court may invite any person in Pakistan or abroad whom \r\nthe Court considers to be well-versed in Islamic law to appear before it \r\nand render such assistance as may be required of him.\r\n(8) No court fee shall be payable in respect of any petition or \r\napplication made to the Court under 1[Article 203D].\r\n 2[(9) The Court shall have power to review any decision given or \r\norder made by it.]\r\n203F. Appeal to Supreme Court .− (1) Any party to any \r\nproceedings before the Court under Article 203D aggrieved by the \r\nfinal decision of the Court in such proceedings may, within sixty days \r\nof such decision, prefer an appeal to the Supreme Court 3[:]\r\n4[Provided that an appeal on behalf of the Federation or of a \r\nProvince may be preferred within six months of such decision.]\r\n(2) The provisions of clauses (2) and (3) of Article 203D and \r\nclauses (4) to (8) of Article 203E shall apply to and in relation to the \r\nSupreme Court as if reference in those provisions to Court were a \r\nreference to the Supreme Court.\r\n5[(2A) An appeal shall lie to the Supreme Court from any judgment, \r\nfinal order or sentence of the Federal Shariat Court − \r\n(a) if the Federal Shariat Court has on appeal reversed an \r\norder of acquittal of an accused person and sentenced him \r\nto death or imprisonment for life or imprisonment for a term \r\n1Substituted for the words “this Article” by the Constitution (Second Amendment) Order, 1980 (P. \r\nO. No. 4 of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, \r\npp.107-108, Article 5: the Order was saved under Article 270A of the Constitution.\r\n2Added by the Constitution (Amendment) Order, 1981 (P.O. No. 5 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 13 April 1981, pp. 73-74, Article 3: the Order was \r\nsaved under Article 270A of the Constitution.\r\n3Substituted for the “full-stop” by the Constitution (Third Amendment) Order, 1983 (P. O. No. 9 of \r\n1983), published in the Gazette of Pakistan (Extraordinary), dated: 28 July 1983, p. 171, Article \r\n2: the Order was saved under Article 270A of the Constitution.\r\n4Added ibid.\r\n5Inserted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 6: the Order was saved under Article 270A of the \r\nConstitution.\r\n110 | Constitution: (Amendment) Order, 2007\r\nexceeding fourteen years; or, on revision, has enhanced a \r\nsentence as aforesaid; or\r\n(b) if the Federal Shariat Court has imposed any punishment \r\non any person for contempt of the Court.\r\n (2B) An appeal to the Supreme Court from a judgment, decision, \r\norder or sentence of the Federal Shariat Court in a case to which the \r\npreceding clauses do not apply shall lie only if the Supreme Court \r\ngrants leave to appeal.]\r\n1[(3) For the purpose of the exercise of the jurisdiction conferred by \r\nthis Article, there shall be constituted in the Supreme Court a Bench to \r\nbe called the Shariat Appellate Bench and consisting of −\r\n(a) three Muslim Judges of the Supreme Court; and\r\n(b) not more than two Ulema to be appointed by the President \r\nto attend sittings of the Bench as ad hoc members thereof \r\nfrom amongst the Judges of the Federal Shariat Court or \r\nfrom out of a panel of Ulema to be drawn up by the \r\nPresident in consultation with the Chief Justice.\r\n(4) A person appointed under paragraph (b) of clause (3) shall \r\nhold office for such period as the President may determine.\r\n(5) Reference in clauses (1) and (2) to “Supreme Court” shall be \r\nconstrued as a reference to the Shariat Appellate Bench.\r\n(6) While attending sittings of the Shariat Appellate Bench, a \r\nperson appointed under paragraph (b) of clause (3) shall have the \r\nsame power and jurisdiction, and be entitled to the same privileges, as \r\na Judge of the Supreme Court, and be paid such allowances as the \r\nPresident may determine.]\r\n203G. Bar of jurisdiction .− Save as provided in Article 203F, no \r\ncourt or tribunal, including the Supreme Court and a High Court, shall \r\nentertain any proceedings or exercise any power or jurisdiction in \r\nrespect of any matter within the power or jurisdiction of the Court.\r\n 2[203GG. Decision of court binding on High Court and courts \r\nsubordinate to it.− Subject to Articles 203D and 203F, any decision \r\nof the Court in the exercise of its jurisdiction under this Chapter shall \r\nbe binding on a High Court and on all courts subordinate to a High \r\nCourt.]\r\n1Substituted by the Constitution (Third Amendment) Order, 1982 (P. O. No. 12 of 1982), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 15 August 1982, pp. 117-118, Article \r\n2: 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 \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 7: the Order was saved under Article 270A of the \r\nConstitution.\r\nConstitution: (Amendment) Order, 2007 | 111\r\n203H. Pending proceedings to continue, etc .− (1) Subject to \r\nclause (2) nothing in this Chapter shall be deemed to require any \r\nproceedings pending in any court or tribunal immediately before the \r\ncommencement of this Chapter or initiated after such commencement, \r\nto be adjourned or stayed by reason only of a petition having been \r\nmade to the Court for a decision as to whether or not a law or \r\nprovision of law relevant to the decision of the point in issue in such \r\nproceedings is repugnant to the Injunctions of Islam; and all such \r\nproceedings shall continue, and the point in issue therein shall be \r\ndecided, in accordance with the law for the time being in force.\r\n(2) All proceedings under clause (1) of Article 203A1 of the \r\nConstitution that may be pending before any High Court immediately \r\nbefore the commencement of this Chapter shall stand transferred to \r\nthe Court and shall be dealt with by the Court from the stage from \r\nwhich they are so transferred.\r\n(3) Neither the Court nor the Supreme Court shall in the exercise \r\nof its jurisdiction under this Chapter have power to grant an injunction \r\nor make any interim order in relation to any proceedings pending in \r\nany other court or tribunal.\r\n 2[203I. Administrative arrangements, etc.− * * * * ]\r\n203J. Power to make rules .− (1) The Court may, by notification in \r\nthe official Gazette, make rules for carrying out the purposes of this \r\nChapter.\r\n(2) In particular, and without prejudice to the generality of the \r\nforegoing power, such rules may make provision in respect of all or \r\nany of the following matters, namely:− \r\n(a) the scale of payment of honoraria to be made to \r\njurisconsults, experts and witnesses summoned by the \r\nCourt to defray the expenses, if any, incurred by them in \r\nattending for the purposes of the proceedings before the \r\nCourt; 3[*] \r\n1May have to be read as “Article 203D”: Chapter 3A (Federal Shariat Court), earlier inserted by \r\nthe Constitution (Amendment) Order, 1979 (P.O. No. 3 of 1979), published in the Gazette of \r\nPakistan (Extraordinary), dated: 7 February 1979, pp. 29-33: it came into force on 10 February \r\n1979, Article 1(2). It was earlier substituted by the Constitution (Amendment) Order, 1980 (P.O. \r\nNo. 1 of 1980), issued by the President on 26 May 1980 and was published in Gazette of \r\nPakistan (Extraordinary) dated: 27 May 1980, pp. 59-65. In clause (2) of Article 203H, the \r\nexpression “Article 203A” has been mentioned in the said Gazette; however, the printed books \r\non the Constitution reflect it as Article 203B. In any case, Article 203A and 203B have no nexus \r\nwith the contents in the said clause (2): the natural nexus appears to be with “Article 203D”. \r\n2Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), issued by \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 8: the Order was saved under Article 270A of the \r\nConstitution.\r\n3The word “and” was omitted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 \r\nof 1980), published in the Gazette of Pakistan (Extraordinary), dated: 21 June 1980, pp. 107-\r\n108, Article 6: the Order was saved under Article 270A of the Constitution.\r\n112 | Constitution: (Amendment) Order, 2007\r\n(b) the form of oath to be made by a jurisconsult, expert or \r\nwitness appearing before the Court 1[;]\r\n 2[(c) the powers and functions of the Court being exercised or \r\nperformed by Benches consisting of one or more members \r\nconstituted by the Chairman;\r\n(d) the decision of the Court being expressed in terms of the \r\nopinion of the majority of its members or, as the case may \r\nbe, of the members constituting a Bench; and\r\n(e) the decision of cases in which the members constituting a \r\nBench are equally divided in their opinion.]\r\n(3) Until rules are made under clause (1), the Shariat Benches of \r\nSuperior Courts Rules, 1979, shall, with the necessary modifications \r\nand so far as they are not inconsistent with the provisions of this \r\nChapter, continue in force.]\r\nChapter 4\r\nGeneral Provisions relating to the Judicature\r\n3[204. Contempt of Court .− (1) In this Article, \"Court\" means the \r\nSupreme Court or a High Court. \r\n(2) A Court shall have power to punish any person who −\r\n(a) abuses, interferes with or obstructs the process of the \r\nCourt in any way or disobeys any order of the Court;\r\n(b) scandalizes the Court or otherwise does anything which \r\ntends to bring the Court or a Judge of the Court into hatred, \r\nridicule or contempt;\r\n(c) does anything which tends to prejudice the determination \r\nof a matter pending before the Court; or\r\n(d) does any other thing which, by law, constitutes contempt of \r\nthe Court.\r\n(3) The exercise of the power conferred on a Court by this Article \r\nmay be regulated by law and, subject to law, by rules made by the \r\nCourt.]\r\n205. Remuneration, etc., of Judges .− The remuneration and \r\nother terms and conditions of service of a Judge of the Supreme Court \r\nor of a High Court shall be as provided in the Fifth Schedule. \r\n1Substituted ibid, for the “full-stop”.\r\n2Added ibid.\r\n3Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 44: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 113\r\n206. Resignation.− 1[(1)] A Judge of the Supreme Court or of a High \r\nCourt may resign his office by writing under his hand addressed to the \r\nPresident. \r\n2[(2) A Judge of a High Court who does not accept appointment as a \r\nJudge of the Supreme Court shall be deemed to have retired from his \r\noffice and, on such retirement, shall be entitled to receive a pension \r\ncalculated on the basis of the length of his service as Judge and total \r\nservice, if any, in the service of Pakistan.]\r\n207. Judge not to hold office of profit, etc .− (1) A Judge of the \r\nSupreme Court or of a High Court shall not −\r\n(a) hold any other office of profit in the service of Pakistan if \r\nhis remuneration is thereby increased; or\r\n(b) occupy any other position carrying the right to \r\nremuneration for the rendering of services.\r\n(2) A person who has held office as a Judge of the Supreme Court \r\nor of a High Court shall not hold any office of profit in the service of \r\nPakistan, not being a judicial or quasi-judicial office or the office of \r\nChief Election Commissioner or of Chairman or member of a law \r\ncommission or of Chairman or member of the Council of Islamic \r\nIdeology, before the expiration of two years after he has ceased to \r\nhold that office. \r\n(3) A person who has held office as a permanent Judge − \r\n(a) of the Supreme Court, shall not plead or act in any Court or \r\nbefore any authority in Pakistan;\r\n(b) of a High Court, shall not plead or act in any court or before \r\nany authority within its jurisdiction; and\r\n(c) of the High Court of West Pakistan as it existed \r\nimmediately before the coming into force of the Province of \r\nWest Pakistan (Dissolution) Order, 1970, shall not plead or \r\nact in any court or before any authority within the \r\njurisdiction of the principal seat of that High Court or, as the \r\ncase may be, the Permanent Bench of that High Court to \r\nwhich he was assigned.\r\n208. Officers and servants of Courts.−The Supreme Court 3[and \r\nthe Federal Shariat Court], with the approval of the President and a \r\nHigh Court, with the approval of the Governor concerned, may make \r\n1Renumbered by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 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 \r\nthe President on 22 March 1982 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 March 1982, pp. 19-21, Article 9: the Order was saved under Article 270A of the \r\nConstitution.\r\n114 | Constitution: (Amendment) Order, 2007\r\nrules providing for the appointment by the Court of officers and \r\nservants of the Court and for their terms and conditions of \r\nemployment.\r\n209. Supreme Judicial Council .− (1) There shall be a Supreme \r\nJudicial Council of Pakistan, in this Chapter referred to as the Council. \r\n(2) The Council shall consist of −\r\n(a) the Chief Justice of Pakistan;\r\n(b) the two next most senior Judges of the Supreme Court; \r\nand\r\n(c) the two most senior Chief Justices of High Courts.\r\nExplanation.− For the purpose of this clause, the inter se seniority \r\nof the Chief Justices of the High Courts shall be determined with \r\nreference to their dates of appointment as Chief Justice 1[otherwise \r\nthan as acting Chief Justice], and in case the dates of such \r\nappointment are the same, with reference to their dates of \r\nappointment as Judges of any of the High Courts.\r\n(3) If at any time the Council is inquiring into the capacity or \r\nconduct of a Judge who is a member of the Council, or a member of \r\nthe Council is absent or is unable to act due to illness or any other \r\ncause, then − \r\n(a) if such member is a Judge of the Supreme Court, the \r\nJudge of the Supreme Court who is next in seniority below \r\nthe Judges referred to in paragraph (b) of clause (2), and\r\n(b) if such member is the Chief Justice of a High Court, the \r\nChief Justice of another High Court who is next in seniority \r\namongst the Chief Justices of the remaining High Courts,\r\nshall act as a member of the Council in his place.\r\n(4) If, upon any matter inquired into by the Council, there is a \r\ndifference of opinion amongst its members, the opinion of the majority \r\nshall prevail, and the report of the Council to the President shall be \r\nexpressed in terms of the view of the majority. \r\n 2[(5) If, on information from any source, the Council or the President \r\nis of the opinion that a Judge of the Supreme Court or of a High Court− \r\n(a) may be incapable of properly performing the duties of his \r\noffice by reason of physical or mental incapacity; or \r\n(b) may have been guilty of misconduct, \r\n1Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 11.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 76.\r\nConstitution: (Amendment) Order, 2007 | 115\r\nthe President shall direct the Council to, or the Council may, on its \r\nown motion, inquire into the matter.]\r\n(6) If, after inquiring into the matter, the Council reports to the \r\nPresident that it is of the opinion − \r\n(a) that the Judge is incapable of performing the duties of his \r\noffice or has been guilty of misconduct, and\r\n(b) that he should be removed from office, \r\nthe President may remove the Judge from office.\r\n(7) A Judge of the Supreme Court or of a High Court shall not be \r\nremoved from office except as provided by this Article. \r\n(8) The Council shall issue a code of conduct to be observed by \r\nJudges of the Supreme Court and of the High Courts. \r\n210. Power of Council to enforce attendance of persons, \r\netc.− (1) For the purpose of inquiring into any matter, the Council shall \r\nhave the same power as the Supreme Court has to issue directions or \r\norders for securing the attendance of any person or the discovery or \r\nproduction of any document; and any such direction or order shall be \r\nenforceable as if it had been issued by the Supreme Court. \r\n(2) The provisions of Article 204 shall apply to the Council as they \r\napply to the Supreme Court and a High Court. \r\n211. Bar of jurisdiction .− The proceedings before the Council, its \r\nreport to the President and the removal of a Judge under clause (6) of \r\nArticle 209 shall not be called in question in any court. \r\n212. Administrative Courts and Tribunals .− (1) Notwithstanding \r\nanything hereinbefore contained, the appropriate Legislature may by \r\nAct 1[provide for the establishment of] one or more Administrative \r\nCourts or Tribunals to exercise exclusive jurisdiction in respect of −\r\n(a) matters relating to the terms and conditions of persons \r\n2[who are or have been] in the service of Pakistan, \r\nincluding disciplinary matters;\r\n(b) matters relating to claims arising from tortious acts of \r\nGovernment, or any person in the service of Pakistan, or of \r\nany local or other authority empowered by law to levy any \r\ntax or cess and any servant of such authority acting in the \r\ndischarge of his duties as such servant; or\r\n1Substituted for the word “established” by the Constitution (First Amendment) Act, 1974 (XXXIII \r\nof 1974); assented to by the President on 4 May 1974; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 8 May 1974, pp. 179-182, s. 12: it came into force from the date of the \r\ncommencement of the Constitution i.e. 14 August 1973.\r\n2Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 12: it came into force from the date of the commencement of the \r\nConstitution i.e. 14 August 1973. \r\n116 | Constitution: (Amendment) Order, 2007\r\n(c) matters relating to the acquisition, administration and \r\ndisposal of any property which is deemed to be enemy \r\nproperty under any law.\r\n(2) Notwithstanding anything hereinbefore contained, where any \r\nAdministrative Court or Tribunal is established under clause (1), no \r\nother court shall grant an injunction, make any order or entertain any \r\nproceedings in respect of any matter to which the jurisdiction of such \r\nAdministrative Court or Tribunal extends 1[and all proceedings in \r\nrespect of any such matter which may be pending before such other \r\ncourt immediately before the establishment of the Administrative Court \r\nor Tribunal 2[, other than an appeal pending before the Supreme \r\nCourt,] shall abate on such establishment]: \r\nProvided that the provisions of this clause shall not apply to an \r\nAdministrative Court or Tribunal established under an Act of a \r\nProvincial Assembly unless, at the request of that Assembly made in \r\nthe form of a resolution, 3[Majlis-e-Shoora (Parliament)] by law4 \r\nextends the provisions to such a Court or Tribunal.\r\n(3) An appeal to the Supreme Court from a judgment, decree, \r\norder or sentence of an Administrative Court or Tribunal shall lie only if \r\nthe Supreme Court, being satisfied that the case involves a substantial \r\nquestion of law of public importance, grants leave to appeal.\r\n 5[212A. Establishment of Military Courts or Tribunals.− * * ]\r\n 6[212B. Establishment of Special Courts for trial of heinous \r\noffences.− * * * * * * * * *]\r\n1Ibid. 2Inserted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 15: it came into force from the date of the \r\ncommencement of the Constitution i.e. 14 August 1973.3Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n4For such law see the Punjab Service Tribunals (Extension of Provisions of the Constitution) Act, \r\n1974 (XXXII of 1974).\r\n5Omitted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule , item 45: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution. It was earlier added by the Constitution (Second Amendment) \r\nOrder, 1979 (P.O No. 21 0f 1979), issued by the President on 16 October 1979 and was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 18 October 1979, pp. 517-518, \r\nArticle 2: the Order was saved under Article 270A of the Constitution.\r\n6Inserted by the Constitution (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by the \r\nPresident on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: 28 \r\nJuly 1991, pp. 351-354, s.2; however, it ceased to have effect on the twenty seventh day of July \r\n1994 by virtue of the sunset clause contained in subsection (3) of section 1 of the said Act.\r\nConstitution: (Amendment) Order, 2007 | 117\r\nPART VIII\r\nElections\r\nChapter 1\r\nChief Election Commissioner and Election \r\n1[Commission]\r\n213. Chief Election Commissioner .− (1) There shall be a Chief \r\nElection Commissioner (in this Part referred to as the Commissioner), \r\nwho shall be appointed by the President 2[* * *]. \r\n3[(2) No person shall be appointed Commissioner unless he has \r\nbeen a judge of the Supreme Court or has been a senior civil servant \r\nor is a technocrat and is not more than sixty-eight years of age.\r\nExplanation 1.− “senior civil servant” means a civil servant who \r\nhas served for at least twenty years under Federal or a Provincial \r\nGovernment and has retired in BPS-22 or above.\r\nExplanation 2.− “technocrat” means a person who is the holder \r\nof a degree requiring conclusion of at least sixteen years of education, \r\nrecognized by the Higher Education Commission and has at least \r\ntwenty years of experience, including a record of achievements at the \r\nnational or international level.]\r\n4[(2A) The Prime Minister shall in consultation with the Leader of the \r\nOpposition in the National Assembly, forward three names for \r\nappointment of the Commissioner to a Parliamentary Committee for \r\nhearing and confirmation of any one person 5[:]\r\n6[Provided that in case there is no consensus between the Prime \r\nMinister and the Leader of the Opposition, each shall forward separate \r\n1Substituted for the word “Commissions” by the Constitution (Twenty-second Amendment) Act, \r\n2016 (XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 3. 2The words “in his discretion” were omitted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 77. The said words were earlier \r\nadded by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with \r\nthe Schedule, item 46: the Order came into force on 2 March 1985 and was saved under Article \r\n270A of the Constitution.\r\n3Substituted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); \r\nassented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4. \r\n4Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 77. \r\n5Substituted for the full stop by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of \r\n2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4. \r\n6Inserted ibid. \r\n118 | Constitution: (Amendment) Order, 2007\r\nlists to the Parliamentary Committee for consideration which may \r\nconfirm any one name.] \r\n(2B) The Parliamentary Committee to be constituted by the \r\nSpeaker shall comprise fifty percent members from the Treasury \r\nBenches and fifty percent from the Opposition Parties, based on their \r\nstrength in Majlis-e-Shoora (Parliament), to be nominated by the \r\nrespective Parliamentary Leaders: \r\n1[ * * * * * * * * * ]\r\n2[Provided 3[*] that the total strength of the Parliamentary Committee \r\nshall be twelve members out of which one-third shall be from the \r\nSenate:] \r\nProvided 4[further] also that when the National Assembly is \r\ndissolved and a vacancy occurs in the office of the Chief Election \r\nCommissioner, the 5[total membership of the Parliamentary Committee \r\nshall consist of] the members from the Senate only and the foregoing \r\nprovisions of this clause shall, mutatis mutandis, apply.]\r\n(3) The Commissioner 6[or a member] shall have such powers and \r\nfunctions as are conferred on him by the Constitution and law. \r\n214. 7[* * ] Oath of office .− Before entering upon office, the \r\nCommissioner shall make before the Chief Justice of Pakistan 8[, and \r\na member of the Election Commission shall make before the \r\nCommissioner,] oath in the form set out in the Third Schedule. \r\n215. Term of office of Commissioner 9[and members].− (1) The \r\nCommissioner 10[and a member] shall, subject to this Article, hold \r\noffice for a term of 11[five] years from the day he enters upon his office: \r\n1Proviso omitted ibid. 2Substituted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by \r\nthe President on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 2011, pp. 1-4, s. 6. \r\n3The word “further” was omitted by the Constitution (Twenty-second Amendment) Act, 2016 \r\n(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 4. \r\n4Substituted ibid, for the word “also”. \r\n5Substituted for the words “Parliamentary Committee shall comprise” by the Constitution\r\n(Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the President on 1 January 2011; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 4 January 2011, pp. 1-4, s. 6.\r\n6Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to \r\nby the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 10 June 2016, pp. 389-392, s. 4. \r\n7The words “ Commissioner's” were omitted by the Constitution (Twentieth Amendment) Act, \r\n2012 (V of 2012); assented to by the President on 28 February 2012; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 3.\r\n8Inserted ibid.\r\n9Added ibid, s. 4.\r\n10Inserted ibid.\r\nConstitution: (Amendment) Order, 2007 | 119\r\n1[Provided that two of the members shall retire after the expiration \r\nof first two and a half years and two shall retire after the expiration of \r\nthe next two and a half years:\r\nProvided further that the Commission shall for the first term of \r\noffice of members draw a lot as to which two members shall retire \r\nafter the first two and a half years: \r\nProvided also that the term of office of a member appointed to fill a \r\ncasual vacancy shall be the un-expired term of office of the member \r\nwhose vacancy he has filled.]\r\n2[ * * * * * * * ]\r\n(2) The Commissioner 3[or a member] shall not be removed from \r\noffice except in the manner prescribed in Article 209 for the removal \r\nfrom office of a Judge and, in the application of the Article for the \r\npurposes of this clause, any reference in that Article to a Judge shall \r\nbe construed as a reference to the Commissioner 4[or, as the case \r\nmay be, a member]. \r\n(3) The Commissioner 5[or a member] may, by writing under his \r\nhand addressed to the President, resign his office.\r\n6[(4) Vacancy in the office of the Commissioner or a member shall \r\nbe filled within forty-five days.] \r\n216. Commissioner 7[and members] not to hold office of \r\nprofit.− (1) The Commissioner 8[or a member] shall not −\r\n(a) hold any other office of profit in the service of Pakistan; or\r\n11Substituted for the word “three” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s.78.\r\n1The Proviso was substituted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV \r\nof 2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 5. It was earlier inserted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the President on 19 \r\nApril 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s.78. \r\n2The Proviso was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s.78.\r\n3Inserted by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012), published in the \r\nGazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 4.\r\n4Added ibid.\r\n5Inserted ibid.\r\n6Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to \r\nby the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 10 June 2016, pp. 389-392, s. 5.\r\n7Inserted by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012); assented to by the \r\nPresident on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n29 February 2012, pp. 93-97, s. 5.\r\n8Ibid.\r\n120 | Constitution: (Amendment) Order, 2007\r\n(b) occupy any other position carrying the right to \r\nremuneration for the rendering of services.\r\n(2) A person who has held office as Commissioner 1[or a member] \r\nshall not hold any office of profit in the service of Pakistan before the \r\nexpiration of two years after he has ceased to hold that office 2[.] \r\n3[ * * * * * * * * ]\r\n217. Acting Commissioner.− At any time when −\r\n(a) the office of Commissioner is vacant, or\r\n(b) the Commissioner is absent or unable to perform the \r\nfunctions of his office due to any other cause,\r\n4[the most senior member in age of the members of Commission] shall \r\nact as Commissioner.\r\n218. Election Commission .− 5[(1) For the purpose of election to \r\nboth Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies \r\nand for election to such other public offices as may be specified by \r\nlaw, a permanent Election Commission shall be constituted in \r\naccordance with this Article.\r\n(2) The Election Commission shall consist of,− \r\n(a) the Commissioner who shall be the Chairman of the \r\nCommission; and \r\n6[(b) four members, one from each Province, each of whom \r\nshall be a person who has been a judge of a High Court or \r\nhas been a senior civil servant or is a technocrat and is not \r\nmore than sixty-five years of age, to be appointed by the \r\nPresident in the manner provided for appointment of the \r\nCommissioner in clauses (2A) and (2B) of Article 213.\r\n1Ibid.\r\n2Substituted for the colon by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of \r\n2016); assented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 6. \r\n3Proviso omitted ibid. Proviso (b) had already been omitted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 79.\r\n \r\n4Substituted for the words “a Judge of the Supreme Court nominated by the Chief Justice of \r\nPakistan” by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented \r\nto by the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 10 June 2016, pp. 389-392, s. 7. \r\n5Subsections (1) and (2) were substituted by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010) ; assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 80.\r\n6Substituted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); \r\nassented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 8. \r\nConstitution: (Amendment) Order, 2007 | 121\r\nExplanation.− “senior civil servant” and “technocrat” shall have \r\nthe same meaning as given in clause (2) of Article 213.]\r\n (3)It shall be the duty of the Election Commission 1[* * * * * *] to \r\norganize and conduct the election and to make such arrangements as \r\nare necessary to ensure that the election is conducted honestly, justly, \r\nfairly and in accordance with law, and that corrupt practices are \r\nguarded against. \r\n219. Duties of 2[Commission].− The 3[Commission] shall be \r\ncharged with the duty of −\r\n4[(a) preparing electoral rolls for election to the National \r\nAssembly, Provincial Assemblies and local governments, \r\nand revising such rolls periodically to keep them up-to-\r\ndate;]\r\n (b) organizing and conducting election to the Senate or to fill \r\ncasual vacancies in a House or a Provincial Assembly; and\r\n(c) appointing Election Tribunals 5[;]\r\n 6[(d) the holding of general elections to the National Assembly, \r\nProvincial Assemblies and the local governments; and \r\n(e) such other functions as may be specified by an Act of \r\nMajlis-e-Shoora (Parliament) 7[:]]\r\n8[Provided that till such time as the members of the Commission \r\nare first appointed in accordance with the provisions of paragraph (b) \r\nof clause (2) of Article 218 pursuant to the Constitution (Eighteenth \r\nAmendment) Act, 2010, and enter upon their office, the Commissioner \r\nshall remain charged with the duties enumerated in paragraphs (a), \r\n(b) and (c) of this Article.] \r\n1The words “constituted in relation to an election” were omitted by the Constitution (Twentieth \r\nAmendment) Act, 2012 (V of 2012) ; assented to by the President on 28 February 2012; and , \r\npublished 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, \r\n2016 (XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 9. \r\n3Substituted for the word “Commissioner” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010) ; assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 81.\r\n4Substituted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); \r\nassented to by the President on 8 June 2016; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 10 June 2016, pp. 389-392, s. 9.\r\n5Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 81.\r\n6Added ibid.\r\n7Substituted for the “full-stop” by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012); \r\nassented to by the President on 28 February 2012; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 29 February 2012, pp. 93-97, s. 7.\r\n8Inserted ibid.\r\n122 | Constitution: (Amendment) Order, 2007\r\n220. Executive authorities to assist Commission, etc .− It shall \r\nbe the duty of all executive authorities in the Federation and in the \r\nProvinces to assist the Commissioner and the Election Commission in \r\nthe discharge of his or their functions. \r\n221. Officers and 1[staff].− Until 2[Majlis-e-Shoora (Parliament)] by \r\nlaw otherwise provides, the 3[Election Commission] may, with the \r\napproval of the President, make rules providing for the appointment by \r\nthe 4[Commissioner] of officers and 5[staff] to be employed in \r\nconnection with the functions of the 6[* * *] Election Commission and \r\nfor their terms and conditions of employment.\r\nChapter 2\r\nElectoral Laws and Conduct of Elections\r\n222. Electoral laws.− Subject to the Constitution , 7[Majlis-e-Shoora \r\n(Parliament)] may by law provide for −\r\n(a) the allocation of seats in the National Assembly as required \r\nby clauses (3) and (4) of Article 51;\r\n(b) the delimitation of constituencies by the Election\r\nCommission 8[including delimitation of constituencies of \r\nlocal governments];\r\n1Substituted for the word “servants” by the Constitution (Twenty-second Amendment) Act, 2016 \r\n(XXV of 2016); assented to by the President on 8 June 2016; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 10. \r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Substituted for the word “Commissioner” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82.\r\n4Substituted for the words “Election Commission” by the Constitution (Twenty-second \r\nAmendment) Act, 2016 (XXV of 2016); assented to by the President on 8 June 2016; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 10 June 2016, pp. 389-392, s. 10. \r\nThe word “Commissioner” was earlier substituted by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82. \r\n5Ibid, for the words “servants”. \r\n6The words “Commissioner or an” were omitted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 82.\r\n7Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n8Added by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to \r\nby the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 10 June 2016, pp. 389-392, s. 11. \r\nConstitution: (Amendment) Order, 2007 | 123\r\n(c) the preparation of electoral rolls, the requirements as to \r\nresidence in a constituency, the determination of objections \r\npertaining to and the commencement of electoral rolls;\r\n(d) the conduct of elections and election petitions; the decision \r\nof doubts and disputes arising in connection with elections;\r\n(e) matters relating to corrupt practices and other offences in \r\nconnection with elections; and\r\n(f) all other matters necessary for the due constitution of the\r\ntwo Houses 1[,] 2[*] the Provincial Assemblies 3[and local \r\ngovernments];\r\nbut no such law shall have the effect of taking away or abridging any \r\nof the powers of the Commissioner or 4[the] Election Commission \r\nunder this Part. \r\n223. Bar against double membership .− (1) No person shall, at \r\nthe same time, be a member of − \r\n(a) both Houses; or\r\n(b) a House and a Provincial Assembly; or\r\n(c) the Assemblies of two or more Provinces; or\r\n(d) a House or a Provincial Assembly in respect of more than \r\none seat.\r\n(2) Nothing in clause (1) shall prevent a person from being a \r\ncandidate for two or more seats at the same time, whether in the \r\nsame body or in different bodies, but if he is elected to more than one \r\nseat he shall, within a period of thirty days after the declaration of the \r\nresult for the last such seat, resign all but one of his seats, and if he \r\ndoes not so resign, all the seats to which he has been elected shall \r\nbecome vacant at the expiration of the said period of thirty days \r\nexcept the seat to which he has been elected last or, if he has been \r\nelected to more than one seat on the same day, the seat for election \r\nto which his nomination was filed last. \r\nExplanation.− In this clause, \"body\" means either House or a \r\nProvincial Assembly.\r\n1Inserted by the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016); assented to \r\nby the President on 8 June 2016; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 10 June 2016, pp. 389-392, s. 11. \r\n2The word “and” was omitted ibid. \r\n3Added ibid. \r\n4Substituted ibid, for the word “an”.\r\n124 | Constitution: (Amendment) Order, 2007\r\n(3) A person to whom clause (2) applies shall not take a seat in \r\neither House or the Provincial Assembly to which he has been elected \r\nuntil he has resigned all but one of his seats. \r\n(4) Subject to clause (2), if a member of either House or of a \r\nProvincial Assembly becomes a candidate for a second seat which, in \r\naccordance with clause (1), he may not hold concurrently with his first \r\nseat, then his first seat shall become vacant as soon as he is elected \r\nto the second seat.\r\n224. Time of election and bye election .− 1[(1) A general election \r\nto the National Assembly or a Provincial Assembly shall be held within \r\na period of sixty days immediately following the day on which the term \r\nof the Assembly is due to expire, unless the Assembly has been \r\nsooner dissolved, and the results of the election shall be declared not \r\nlater than fourteen days before that day.]\r\n2[(1A) On dissolution of the Assembly on completion of its term, or \r\nin case it is dissolved under Article 58 or Article 112, the President, or \r\nthe Governor, as the case may be, shall appoint a care-taker Cabinet: \r\nProvided that the care-taker Prime Minister shall be 3[appointed] by \r\nthe President in consultation with the Prime Minister and the Leader of \r\nthe Opposition in the outgoing National Assembly, and a care-taker \r\nChief Minister shall be appointed by the Governor in consultation with \r\nthe Chief Minister and the Leader of the Opposition in the outgoing \r\nProvincial Assembly: \r\n4[Provided further that if the Prime Minister or a Chief Minister and \r\ntheir respective Leader of the Opposition do not agree on any person \r\nto be appointed as a care-taker Prime Minister or the care-taker Chief \r\nMinister, as the case may be, the provisions of Article 224A shall be \r\nfollowed:]\r\nProvided 5[also] that the Members of the Federal and Provincial \r\ncare-taker Cabinets shall be appointed on the advice of the care-taker \r\nPrime Minister or the care-taker Chief Minister, as the case may be. \r\n(1B) Members of the care-taker Cabinets including the care-taker \r\nPrime Minister and the care-taker Chief Minister and their immediate \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 83.\r\n2Inserted ibid.\r\n3Substituted for the word “selected” by the Constitution (Twentieth Amendment) Act, 2012 (V of \r\n2012); assented to by the President on 28 February 2012; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 8.\r\n4Inserted ibid.\r\n5Substituted ibid, for the word “further”.\r\nConstitution: (Amendment) Order, 2007 | 125\r\nfamily members shall not be eligible to contest the immediately \r\nfollowing elections to such Assemblies. \r\nExplanation.− In this clause “immediate family members” means \r\nspouse and children.]\r\n(2) When the National Assembly or a Provincial Assembly is \r\ndissolved, a general election to the Assembly shall be held within a \r\nperiod of ninety days after the dissolution, and the results of the \r\nelection shall be declared not later than fourteen days after the \r\nconclusion of the polls.\r\n(3) An election to fill the seats in the Senate which are to become \r\nvacant on the expiration of the term of the members of the Senate \r\nshall be held not earlier than thirty days immediately preceding the \r\nday on which the vacancies are due to occur. \r\n(4) When, except by dissolution of the National Assembly or a \r\nProvincial Assembly, a general seat in any such Assembly has \r\nbecome vacant not later than one hundred and twenty days before the \r\nterm of that Assembly is due to expire, an election to fill the seat shall \r\nbe held within sixty days from the occurrence of the vacancy. \r\n(5) When a seat in the Senate has become vacant, an election to \r\nfill the seat shall be held within thirty days from the occurrence of the \r\nvacancy. \r\n 1[(6) When a seat reserved for women or non-Muslims in the \r\nNational Assembly or a Provincial Assembly falls vacant, on account \r\nof death, resignation or disqualification of a member, it shall be filled \r\nby the next person in order of precedence from the party list of the \r\ncandidates to be submitted to the Election Commission by the political \r\nparty whose member has vacated such seat 2[:]] \r\n3[Provided that if at any time the party list is exhausted, the \r\nconcerned political party may submit a name for any vacancy which \r\nmay occur thereafter.] \r\n 4[224A. Resolution by Committee or Election Commission .− \r\n(1) In case the Prime Minister and the Leader of the Opposition in the \r\noutgoing National Assembly do not agree on any person to be \r\nappointed as the care-taker Prime Minister, within three days of the \r\ndissolution of the National Assembly, they shall forward two nominees \r\neach to a Committee to be immediately constituted by the Speaker of \r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 83: it came into force on 21 August 2002.\r\n2Substituted for the “full-stop” by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012); \r\nassented to by the President on 28 February 2012; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 29 February 2012, pp. 93-97, s. 8.\r\n3Added ibid.\r\n4Inserted ibid, s. 9.\r\n126 | Constitution: (Amendment) Order, 2007\r\nthe National Assembly, comprising eight members of the outgoing \r\nNational Assembly, or the Senate, or both, having equal \r\nrepresentation from the Treasury and the Opposition, to be nominated \r\nby the Prime Minister and the Leader of the Opposition respectively.\r\n(2) In case a Chief Minister and the Leader of the Opposition in \r\nthe outgoing Provincial Assembly do not agree on any person to be \r\nappointed as the care-taker Chief Minister, within three days of the \r\ndissolution of that Assembly, they shall forward two nominees each to \r\na Committee to be immediately constituted by the Speaker of the \r\nProvincial Assembly, comprising six members of the outgoing \r\nProvincial Assembly having equal representation from the Treasury \r\nand the Opposition, to be nominated by the Chief Minister and the \r\nLeader of the Opposition respectively.\r\n(3) The Committee constituted under clause (1) or (2) shall finalize \r\nthe name of the care-taker Prime Minister or care-taker Chief Minister, \r\nas the case may be, within three days of the referral of the matter to it:\r\nProvided that in case of inability of the Committee to decide the \r\nmatter in the aforesaid period, the names of the nominees shall be \r\nreferred to the Election Commission of Pakistan for final decision \r\nwithin two days.\r\n(4) The incumbent Prime Minister and the incumbent Chief \r\nMinister shall continue to hold office till appointment of the care-taker \r\nPrime Minister and the care-taker Chief Minister, as the case may be.\r\n(5) Notwithstanding anything contained in clauses (1) and (2), if \r\nthe members of the Opposition are less than five in the Majlis-e-\r\nShoora (Parliament) and less than four in any Provincial Assembly, \r\nthen all of them shall be members of the Committee mentioned in the \r\naforesaid clauses and the Committee shall be deemed to be duly \r\nconstituted.] \r\n225. Election dispute .− No election to a House or a Provincial \r\nAssembly shall be called in question except by an election petition \r\npresented to such tribunal and in such manner as may be determined \r\nby Act of 1[Majlis-e-Shoora (Parliament)].\r\n 2[226. Election by secret ballot .− All elections under the \r\nConstitution, other than those of the Prime Minister and the Chief \r\nMinister, shall be by secret ballot.]\r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 84.\r\nConstitution: (Amendment) Order, 2007 | 127\r\nPART IX\r\nIslamic Provisions\r\n227. Provisions relating to the Holy Quran and Sunnah .− (1) \r\nAll existing laws shall be brought in conformity with the Injunctions of \r\nIslam as laid down in the Holy Quran and Sunnah, in this Part referred \r\nto as the Injunctions of Islam, and no law shall be enacted which is \r\nrepugnant to such Injunctions. \r\n1[Explanation.− In the application of this clause to the personal law \r\nof any Muslim sect, the expression \"Quran and Sunnah\" shall mean \r\nthe Quran and Sunnah as interpreted by that sect.]\r\n(2) Effect shall be given to the provisions of clause (1) only in the \r\nmanner provided in this Part. \r\n(3) Nothing in this Part shall affect the personal laws of non-\r\nMuslim citizens or their status as citizens. \r\n228. Composition, etc., of Islamic Council .− (1) There shall be \r\nconstituted within a period of ninety days from the commencing day a \r\nCouncil of Islamic Ideology, in this Part referred to as the Islamic \r\nCouncil. \r\n(2) The Islamic Council shall consist of such members, being not \r\nless than eight and not more than 2[twenty] as the President may \r\nappoint from amongst persons having knowledge of the principles and \r\nphilosophy of Islam as enunciated in the Holy Quran and Sunnah, or \r\nunderstanding of the economic, political, legal or administrative \r\nproblems of Pakistan. \r\n(3) While appointing members of the Islamic Council the President \r\nshall ensure that − \r\n(a) so far as practicable various schools of thought are \r\nrepresented in the Council;\r\n(b) not less than two of the members are persons each of \r\nwhom is, or has been a Judge of the Supreme Court or of a \r\nHigh Court;\r\n(c) not less than 3[one-third] of the members are persons each \r\nof whom has been engaged, for a period of not less than \r\n1Added by the Constitution (Third Amendment) Order, 1980 (P. O. No. 14 of 1980), issued by the \r\nPresident on 17 September 1980 and was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 18 September 1980, p. 463, Article 2: the Order was saved under Article 270A of the \r\nConstitution.\r\n2Substituted for the word “fifteen” by the Constitution (Fourth Amendment) Order, 1980 (P. O. \r\nNo. 16 of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 30 November 1980, \r\np. 531, Article 2: the Order was saved under Article 270A of the Constitution.\r\n3Substituted for the word “four” by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 85.\r\n128 | Constitution: (Amendment) Order, 2007\r\nfifteen years, in Islamic research or instruction; and \r\n(d) at least one member is a woman.\r\n1[(4) The President shall appoint one of the members of the Islamic \r\nCouncil to be the Chairman thereof.]\r\n(5) Subject to clause (6) a member of the Islamic Council shall \r\nhold office for a period of three years. \r\n(6) A member may, by writing under his hand addressed to the \r\nPresident, resign his office or may be removed by the President upon \r\nthe passing of a resolution for his removal by a majority of the total \r\nmembership of the Islamic Council. \r\n229. Reference by 2[Majlis-e-Shoora (Parliament)], etc., to \r\nIslamic Council.− The President or the Governor of a Province may, \r\nor if two-fifths of its total membership so requires, a House or a \r\nProvincial Assembly shall, refer to the Islamic Council for advice any \r\nquestion as to whether a proposed law is or is not repugnant to the \r\nInjunctions of Islam. \r\n230. Functions of the Islamic Council .− (1) The functions of the \r\nIslamic Council shall be − \r\n(a) to make recommendations to 3[Majlis-e-Shoora \r\n(Parliament)] and the Provincial Assemblies as to the ways \r\nand means of enabling and encouraging the Muslims of \r\nPakistan to order their lives individually and collectively in \r\nall respects in accordance with the principles and concepts \r\nof Islam as enunciated in the Holy Quran and Sunnah;\r\n(b) to advise a House, a Provincial Assembly, the President or \r\na Governor on any question referred to the Council as to \r\nwhether a proposed law is or is not repugnant to the \r\nInjunctions of Islam;\r\n(c) to make recommendations as to the measures for bringing \r\nexisting laws into conformity with the Injunctions of Islam \r\nand the stages by which such measures should be brought \r\ninto effect; and\r\n1Substituted by the Constitution (Fourth Amendment) Order, 1982 (P. O. No. 13 of 1982), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 22 September 1982, p. 135, Article \r\n2: the Order was saved under Article 270A of the Constitution.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Ibid.\r\nConstitution: (Amendment) Order, 2007 | 129\r\n(d) to compile in a suitable form, for the guidance of 1[Majlis-e-\r\nShoora (Parliament)] and the Provincial Assemblies, such \r\nInjunctions of Islam as can be given legislative effect.\r\n(2) When, under Article 229, a question is referred by a House, a \r\nProvincial Assembly, the President or a Governor to the Islamic \r\nCouncil, the Council shall, within fifteen days thereof, inform the \r\nHouse, the Assembly, the President or the Governor, as the case may \r\nbe, of the period within which the Council expects to be able to furnish \r\nthat advice. \r\n(3) Where a House, a Provincial Assembly, the President or the \r\nGovernor, as the case may be, considers that, in the public interest, \r\nthe making of the proposed law in relation to which the question arose \r\nshould not be postponed until the advice of the Islamic Council is \r\nfurnished, the law may be made before the advice is furnished: \r\nProvided that, where a law is referred for advice to the Islamic \r\nCouncil and the Council advises that the law is repugnant to the \r\nInjunctions of Islam, the House or, as the case may be, the Provincial \r\nAssembly, the President or the Governor shall reconsider the law so \r\nmade.\r\n(4) The Islamic Council shall submit its final report within seven \r\nyears of its appointment, and shall submit an annual interim report. \r\nThe report, whether interim or final, shall be laid for discussion before \r\nboth Houses and each Provincial Assembly within six months of its \r\nreceipt, and 2[Majlis-e-Shoora (Parliament)] and the Assembly, after \r\nconsidering the report, shall enact laws in respect thereof within a \r\nperiod of two years of the final report. \r\n231. Rules of procedure .− The proceedings of the Islamic Council \r\nshall be regulated by rules of procedure to be made by the Council \r\nwith approval of the President.\r\nPART X\r\nEmergency Provisions\r\n232. Proclamation of emergency on account of war, internal \r\ndisturbance, etc.− (1) If the President is satisfied that a grave \r\nemergency exists in which the security of Pakistan, or any part \r\nthereof, is threatened by war or external aggression, or by internal \r\n1Ibid.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n130 | Constitution: (Amendment) Order, 2007\r\ndisturbance beyond the power of a Provincial Government to control, \r\nhe may issue a Proclamation of Emergency 1[:]\r\n2[Provided that for imposition of emergency due to internal \r\ndisturbances beyond the powers of a Provincial Government to \r\ncontrol, a resolution from the Provincial Assembly of that Province \r\nshall be required: \r\nProvided further that if the President acts on his own, the \r\nProclamation of Emergency shall be placed before both Houses of \r\nMajlis-e-Shoora (Parliament) for approval by each House within ten \r\ndays.] \r\n(2) Notwithstanding anything in the Constitution , while a \r\nProclamation of Emergency is in force,− \r\n 3[(a) Majlis-e-Shoora (Parliament) shall have power to make \r\nlaws for a Province, or any part thereof, with respect to any \r\nmatter not enumerated in the Federal Legislative List [ or \r\nthe Concurrent Legislative List]4;\r\n(b) the executive authority of the Federation shall extend to the \r\ngiving of directions to a Province as to the manner in which \r\nthe executive authority of the Province is to be exercised; \r\nand\r\n(c) the Federal Government may by Order assume to itself, or \r\ndirect the Governor of a Province to assume on behalf of \r\nthe Federal Government, all or any of the functions of the \r\nGovernment of the Province, and all or any of the powers \r\nvested in, or exercisable by, any body or authority in the \r\nProvince other than the Provincial Assembly, and make \r\nsuch incidental and consequential provisions as appear to \r\nthe Federal Government to be necessary or desirable for \r\ngiving effect to the objects of the Proclamation, including \r\nprovisions for suspending, in whole or in part, the operation \r\nof any provisions of the Constitution relating to any body or \r\nauthority in the Province:\r\n1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 86.\r\n2Inserted ibid.\r\n3Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 47: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n4As a consequence of the omission of the Concurrent Legislative List by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. \r\n101, the expression “or the Concurrent Legislative List” may have to be construed as `omitted’ \r\non the principle of consistency. \r\nConstitution: (Amendment) Order, 2007 | 131\r\nProvided that nothing in paragraph (c) shall authorize the \r\nFederal Government to assume to itself, or direct the \r\nGovernor of the Province to assume on its behalf, any of \r\nthe powers vested in or exercisable by a High Court, or to \r\nsuspend either in whole or in part the operation of any \r\nprovisions of the Constitution relating to High Courts.\r\n(3) The power of 1[Majlis-e-Shoora (Parliament)] to make laws for \r\na Province with respect to any matter shall include power to make \r\nlaws conferring powers and imposing duties, or authorizing the \r\nconferring of powers and the imposition of duties upon the Federation, \r\nor officers and authorities of the Federation, as respects that matter. \r\n(4) Nothing in this Article shall restrict the power of a Provincial \r\nAssembly to make any law which under the Constitution it has power \r\nto make, but if any provision of a Provincial law is repugnant to any \r\nprovision of an Act of 2[Majlis-e-Shoora (Parliament)] which 3[Majlis-e-\r\nShoora (Parliament)] has under this Article power to make, the Act of \r\n4[Majlis-e-Shoora (Parliament)], whether passed before or after the \r\nProvincial law, shall prevail and the Provincial law shall, to the extent \r\nof the repugnancy, but so long only as the Act of 5[Majlis-e-Shoora \r\n(Parliament)] continues to have effect, be void. \r\n(5) A law made by 6[Majlis-e-Shoora (Parliament)], which 7[Majlis-\r\ne-Shoora (Parliament)] would not but for the issue of a Proclamation \r\nof Emergency have been competent to make, shall, to the extent of \r\nthe incompetency, cease to have effect on the expiration of a period of \r\nsix months after the Proclamation of Emergency has ceased to be in \r\nforce, except as respects things done or omitted to be done before the \r\nexpiration of the said period. \r\n(6) While a Proclamation of Emergency is in force, 8[Majlis-e-\r\nShoora (Parliament)] may by law extend the term of the National \r\nAssembly for a period not exceeding one year and not extending in \r\nany case beyond a period of six months after the Proclamation has \r\nceased to be in force. \r\n(7) A Proclamation of Emergency shall be laid before a joint sitting \r\nwhich shall be summoned by the President to meet within thirty days \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. 2Ibid.\r\n3Ibid.\r\n4Ibid.\r\n5Ibid.\r\n6Ibid.\r\n7Ibid.\r\n8Ibid.\r\n132 | Constitution: (Amendment) Order, 2007\r\nof the Proclamation being issued and − \r\n(a) shall cease to be in force at the expiration of two months \r\nunless before the expiration of that period it has been \r\napproved by a resolution of the joint sitting; and\r\n 1[(b) shall, subject to the provisions of paragraph (a), cease to \r\nbe in force upon a resolution disapproving the \r\nProclamation being passed by the votes of the majority of \r\nthe total membership of the two Houses in joint sitting.]\r\n(8) Notwithstanding anything contained in clause (7), if the \r\nNational Assembly stands dissolved at the time when a Proclamation \r\nof Emergency is issued, the Proclamation shall continue in force for a \r\nperiod of four months but, if a general election to the Assembly is not \r\nheld before the expiration of that period, it shall cease to be in force at \r\nthe expiration of that period unless it has earlier been approved by a \r\nresolution of the Senate. \r\n233. Power to suspend Fundamental Rights, etc., during \r\nemergency period.− (1) Nothing contained in Articles 15, 16, 17, 18, \r\n19 and 24 shall, while a proclamation of Emergency is in force, restrict \r\nthe power of the State as defined in Article 7 to make any law or to \r\ntake any executive action which it would, but for the provisions in the \r\nsaid Articles, be competent to make or to take, but any law so made \r\nshall, to the extent of the incompetency, cease to have effect, and \r\nshall be deemed to have been repealed, at the time when the \r\nProclamation is revoked or has ceased to be in force. \r\n(2) While a Proclamation of Emergency is in force, the President \r\nmay, by Order, declare that the right to move any Court for the \r\nenforcement of such of the Fundamental Rights conferred by Chapter \r\n1 of Part II as may be specified in the Order, and any proceeding in \r\nany Court which is for the enforcement, or involves the determination \r\nof any question as to the infringement, of any of the Rights so \r\nspecified, shall remain suspended for the period during which the \r\nProclamation is in force, and any such Order may be made in respect \r\nof the whole or any part of Pakistan. \r\n(3) Every Order made under this Article shall, as soon as may be, \r\nbe laid before 2[both Houses of Majlis-e-Shoora (Parliament) \r\nseparately] for approval and the provisions of clauses (7) and (8) of \r\nArticle 232 shall apply to such an Order as they apply to a \r\nProclamation of Emergency. \r\n1Substituted by the Constitution (Third Amendment) Act, 1975 (XXII of 1975); assented to by the \r\nPresident on 13 February 1975; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n18 February 1975, pp. 67-69, s. 3.2Substituted for the words “a joint sitting” by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 87.\r\nConstitution: (Amendment) Order, 2007 | 133\r\n234. Power to issue Proclamation in case of failure of \r\nConstitutional machinery in a Province.− (1) If the President, on \r\nreceipt of a report from the Governor of a Province 1[* *], is satisfied \r\nthat a situation has arisen in which the Government of the Province \r\ncannot be carried on in accordance with the provisions of the \r\nConstitution, the President may, or if a resolution in this behalf is \r\npassed 2[by each House separately] shall, by Proclamation,− \r\n(a) assume to himself, or direct the Governor of the Province \r\nto assume on behalf of the President, all or any of the \r\nfunctions of the Government of the Province, and all or any \r\nof the powers vested in, or exercisable by, any body or \r\nauthority in the Province, other than the Provincial \r\nAssembly;\r\n(b) declare that the powers of the Provincial Assembly shall be \r\nexercisable by, or under the authority of, 3[Majlis-e-Shoora \r\n(Parliament)]; and\r\n(c) make such incidental and consequential provisions as \r\nappear to the President to be necessary or desirable for \r\ngiving effect to the objects of the Proclamation, including \r\nprovisions for suspending in whole or in part the operation \r\nof any provisions of the Constitution relating to any body or \r\nauthority in the Province:\r\nProvided that nothing in this Article shall authorise the \r\nPresident to assume to himself, or direct the Governor of \r\nthe Province to assume on his behalf, any of the powers \r\nvested in, or exercisable by, a High Court, or to suspend \r\neither in whole or in part the operation of any provisions of \r\nthe Constitution relating to High Courts.\r\n(2) The Provisions of Article 105 shall not apply to the discharge \r\nby the Governor of his functions under clause (1). \r\n(3) A Proclamation issued under this Article shall be laid before a \r\njoint sitting and shall cease to be in force at the expiration of two \r\nmonths, unless before the expiration of that period it has been \r\napproved by resolution of the joint sitting and may by like resolution be \r\nextended for a further period not exceeding two months at a time; but \r\nno such Proclamation shall in any case remain in force for more than \r\nsix months. \r\n1The words “or otherwise” were omitted by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 88.\r\n2Substituted ibid, for the words “at a joint sitting”.\r\n3Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n134 | Constitution: (Amendment) Order, 2007\r\n(4) Notwithstanding anything contained in clause (3), if the \r\nNational Assembly stands dissolved at the time when a Proclamation \r\nis issued under this Article, the Proclamation shall continue in force for \r\na period of three months but, if a general election to the Assembly is \r\nnot held before the expiration or that period, it shall cease to be in \r\nforce at the expiration of that period unless it has earlier been \r\napproved by a resolution of the Senate.\r\n(5) Where by a Proclamation issued under this Article it has been \r\ndeclared that the powers of the Provincial Assembly shall be \r\nexercisable by or under the authority of 1[Majlis-e-Shoora \r\n(Parliament)], it shall be competent − \r\n(a) to 2[Majlis-e-Shoora (Parliament)] in joint sitting to confer on \r\nthe President the power to make laws with respect to any \r\nmatter within the legislative competence of the Provincial \r\nAssembly;\r\n(b) to 3[Majlis-e-Shoora (Parliament)] in joint sitting, or the \r\nPresident, when he is empowered under paragraph (a), to \r\nmake laws conferring powers and imposing duties, or \r\nauthorising the conferring of powers and the imposition of \r\nduties, upon the Federation, or officers and authorities \r\nthereof;\r\n(c) to the President, when 4[Majlis-e-Shoora (Parliament)] is \r\nnot in session, to authorise expenditure from the Provincial \r\nConsolidated Fund, whether the expenditure is charged by \r\nthe Constitution upon that Fund or not, pending the \r\nsanction of such expenditure by 5[Majlis-e-Shoora \r\n(Parliament)] in joint sitting; and\r\n(d) to 6[Majlis-e-Shoora (Parliament)] in joint sitting by \r\nresolution to sanction expenditure authorised by the \r\nPresident under paragraph (c).\r\n(6) Any law made by 7[Majlis-e-Shoora (Parliament)] or the \r\nPresident which 8[Majlis-e-Shoora (Parliament)] or the President \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n2Ibid.\r\n3Ibid.\r\n4Ibid.\r\n5Ibid. \r\n6Ibid.\r\n7Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n8Ibid.\r\nConstitution: (Amendment) Order, 2007 | 135\r\nwould not, but for the issue of a Proclamation under this Article, have \r\nbeen competent to make, shall, to the extent of the incompetency, \r\ncease to have effect on the expiration of a period of six months after \r\nthe Proclamation under this Article has ceased to be in force, except \r\nas to things, done or omitted to be done before the expiration of the \r\nsaid period. \r\n235. Proclamation in case of financial emergency .− (1) If the \r\nPresident is satisfied that a situation has arisen whereby the economic \r\nlife, financial stability or credit of Pakistan, or any part thereof, is \r\nthreatened, he may, after consultation with the Governors of the \r\nProvinces or, as the case may be, the Governor of the Province \r\nconcerned, by Proclamation make a declaration to that effect, and, \r\nwhile such a Proclamation is in force, the executive authority of the \r\nFederation shall extend to the giving of directions to any Province to \r\nobserve such principles of financial propriety as may be specified in \r\nthe directions, and to the giving of such other directions as the \r\nPresident may deem necessary in the interest of the economic life, \r\nfinancial stability or credit of Pakistan or any part thereof. \r\n(2) Notwithstanding anything in the Constitution, any such \r\ndirections may include a provision requiring a reduction of the salary \r\nand allowances of all or any class of persons serving in connection \r\nwith the affairs of a Province. \r\n(3) While a Proclamation issued under this Article is in force, the \r\nPresident may issue directions for the reduction of the salaries and \r\nallowances of all or any class of persons serving in connection with \r\nthe affairs of the Federation. \r\n(4) The provisions of clauses (3) and (4) of Article 234 shall apply \r\nto a Proclamation issued under this Article as they apply to a \r\nProclamation issued under that Article. \r\n236. Revocation of Proclamation, etc .− (1) A Proclamation \r\nissued under this part may be varied or revoked by a subsequent \r\nProclamation. \r\n(2) The validity of any Proclamation issued or Order made under \r\nthis Part shall not be called in question in any court. \r\n237. 1[Majlis-e-Shoora (Parliament) ] may make laws of \r\nindemnity, etc.− Nothing in the Constitution shall prevent 2[Majlis-e-\r\nShoora (Parliament)] from making any law indemnifying any person in \r\nthe service of the Federal Government or a Provincial Government, or \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n136 | Constitution: (Amendment) Order, 2007\r\nany other person, in respect of any act done in connection with the \r\nmaintenance or restoration of order in any area in Pakistan.\r\nPART XI\r\n Amendment \r\n238. Amendment of Constitution .− Subject to this Part, the \r\nConstitution may be amended by Act of 1[Majlis-e-Shoora \r\n(Parliament)].\r\n 2[239. Constitution amendment Bill .− (1) A Bill to amend the \r\nConstitution may originate in either House and, when the Bill has been \r\npassed by the votes of not less than two-thirds of the total \r\nmembership of the House, it shall be transmitted to the other House. \r\n(2) If the Bill is passed without amendment by the votes of not less \r\nthan two-thirds of the total membership of the House to which it is \r\ntransmitted under clause (1), it shall, subject to the provisions of \r\nclause (4), be presented to the President for assent. \r\n(3) If the Bill is passed with amendment by the votes of not less \r\nthan two-thirds of the total membership of the House to which it is \r\ntransmitted under clause (1), it shall be reconsidered by the House in \r\nwhich it had originated, and if the Bill as amended by the former \r\nHouse is passed by the latter by the votes of not less than two-thirds \r\nof its total membership it shall, subject to the provisions of clause (4), \r\nbe presented to the President for assent. \r\n(4) A Bill to amend the Constitution which would have the effect of \r\naltering the limits of a Province shall not be presented to the President \r\nfor assent unless it has been passed by the Provincial Assembly of \r\nthat Province by the votes of not less than two-thirds of its total \r\nmembership. \r\n(5) No amendment of the Constitution shall be called in question \r\nin any court on any ground whatsoever. \r\n(6) For the removal of doubt, it is hereby declared that there is no \r\nlimitation whatever on the power of the Majlis-e-Shoora (Parliament) \r\nto amend any of the provisions of the Constitution.]\r\n1Ibid.\r\n2Substituted by the Constitution (Second Amendment) Order, 1985 (20 of 1985), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 181-183, Article 3: the Order was \r\nsaved under Article 270A of the Constitution. It was earlier substituted by the Revival of the \r\nConstitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 48: \r\nthe Order came into force on 2 March 1985 and was saved under Article 270A of the \r\nConstitution. \r\nof Constitution\r\nConstitution: (Amendment) Order, 2007 | 137\r\nPART XII\r\nMiscellaneous\r\nChapter 1\r\nServices\r\n240. Appointments to service of Pakistan and conditions of \r\nservice.− Subject to the Constitution , the appointments to and the \r\nconditions of service of persons in the service of Pakistan shall be \r\ndetermined − \r\n(a) in the case of the services of the Federation, posts in \r\nconnection with the affairs of the Federation and All-\r\nPakistan Services, by or under Act of 1[Majlis-e-Shoora \r\n(Parliament)]; and\r\n(b) in the case of the services of a Province and posts in \r\nconnection with the affairs of a Province, by or under Act of \r\nthe Provincial Assembly. \r\nExplanation.− In this Article, \"All-Pakistan Service\" means a \r\nservice common to the Federation and the Provinces, which was in \r\nexistence immediately before the commencing day or which may be \r\ncreated by Act of 2[Majlis-e-Shoora (Parliament)].\r\n241. Existing rules, etc., to continue .− Until the appropriate \r\nLegislature makes a law under Article 240, all rules and orders in force \r\nimmediately before the commencing day shall, so far as consistent \r\nwith the provisions of the Constitution , continue in force and may be \r\namended from time to time by the Federal Government or, as the case \r\nmay be, the Provincial Government. \r\n242. Public Service Commission .− (1) 3[Majlis-e-Shoora \r\n(Parliament)] in relation to the affairs of the Federation, and the \r\nProvincial Assembly of a Province in relation to the affairs of the \r\nProvince, may, by law, provide for the establishment and constitution \r\nof a Public Service Commission. \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Ibid.\r\n3Ibid.\r\n138 | Constitution: (Amendment) Order, 2007\r\n1[(1A) The Chairman of the Public Service Commission constituted \r\nin relation to the affairs of the Federation shall be appointed by the \r\nPresident 2[on the advice of the Prime Minister].]\r\n3[(1B) The Chairman of the Public Service Commission constituted \r\nin relation to affairs of a Province shall be appointed by the Governor \r\non advice of the Chief Minister.]\r\n(2) A Public Service Commission shall perform such functions as \r\nmay be prescribed by law.\r\nChapter 2\r\nArmed Forces\r\n 4[243. Command of Armed Forces .− (1) The Federal Government \r\nshall have control and command of the Armed Forces. \r\n(2) Without prejudice to the generality of the foregoing provision, \r\nthe Supreme Command of the Armed Forces shall vest in the \r\nPresident. \r\n(3) The President shall subject to law, have power − \r\n(a) to raise and maintain the Military, Naval and Air Forces of \r\nPakistan; and the Reserves of such Forces; and \r\n(b) to grant Commissions in such Forces. \r\n(4) The President shall, on advice of the Prime Minister, appoint − \r\n(a) the Chairman, Joint Chiefs of Staff Committee; \r\n(b) the Chief of the Army Staff; \r\n(c) the Chief of the Naval Staff; and \r\n(d) the Chief of the Air Staff,\r\nand shall also determine their salaries and allowances.] \r\n244. Oath of Armed Forces.−Every member of the Armed Forces \r\nshall make oath in the form set out in the Third Schedule. \r\n245. Functions of Armed Forces .− 5[(1)] The Armed Forces shall, \r\nunder the directions of the Federal Government, defend Pakistan \r\n1Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 1: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution, item 49.\r\n2Substituted for the words “in his discretion” by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 89.\r\n3Inserted ibid.\r\n4Substituted ibid, s. 90.\r\n5Renumbered by the Constitution (Seventh Amendment) Act, 1977 (XXIII of 1977); assented to \r\nby the President on 16 May 1977; and, published the same day in the Gazette of Pakistan \r\n(Extraordinary), dated: 16 May 1977, pp. 254-255, s. 4: it came into force on 21 April 1977. \r\nConstitution: (Amendment) Order, 2007 | 139\r\nagainst external aggression or threat of war, and, subject to law, act in \r\naid of civil power when called upon to do so. \r\n1[(2) The validity of any direction issued by the Federal Government \r\nunder clause (1) shall not be called in question in any court. \r\n(3) A High Court shall not exercise any jurisdiction under Article \r\n199 in relation to any area in which the Armed Forces of Pakistan are, \r\nfor the time being, acting in aid of civil power in pursuance of Article \r\n245: \r\nProvided that this clause shall not be deemed to affect the \r\njurisdiction of the High Court in respect of any proceeding pending \r\nimmediately before the day on which the Armed Forces start acting in \r\naid of civil power.\r\n(4) Any proceeding in relation to an area referred to in clause (3) \r\ninstituted on or after the day the Armed Forces start acting in aid of \r\ncivil power and pending in any High Court shall remain suspended for \r\nthe period during which the Armed Forces are so acting.]\r\nChapter 3\r\nTribal Areas\r\n246. Tribal Areas.− In the Constitution,− \r\n(a) \"Tribal Areas\" means the areas in Pakistan which, \r\nimmediately before the commencing day, were Tribal \r\nAreas, and includes − \r\n(i) the Tribal Areas of 2[Balochistan] and the 3[Khyber \r\nPakhtunkhwa] Province; 4[*]\r\n(ii) the former States of Amb, Chitral, Dir and Swat;\r\n 5[(iii) * * * * * * ] \r\n 6[(iv) * * * * * ]\r\n(b) \"Provincially Administered Tribal Areas\" means − \r\n1Subsections (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 \r\nof 2010); assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.\r\n3Substituted ibid, for the words “North-West Frontier”.\r\n4The word “and” was omitted ibid.\r\n5Omitted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the \r\nPresident on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 \r\nJanuary 2011, pp. 1-4, s. 7. It was earlier inserted by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.\r\n6Omitted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the \r\nPresident on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 \r\nJanuary 2011, pp. 1-4, s. 7. It was earlier inserted by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 91.\r\n140 | Constitution: (Amendment) Order, 2007\r\n(i) the districts of Chitral, Dir and Swat (which includes \r\nKalam), 1[the Tribal Area in Kohistan district,] Malakand \r\nProtected Area, the Tribal Area adjoining 2[Mansehra] \r\ndistrict and the former State of Amb; and\r\n(ii) Zhob district, Loralai district (excluding Duki Tehsil), \r\nDalbandin Tehsil of Chagai district and Marri and Bugti \r\ntribal territories of Sibi district; and\r\n(c) “Federally Administered Tribal Areas” includes − \r\n(i) Tribal Areas adjoining Peshawar district;\r\n(ii) Tribal Areas adjoining Kohat district;\r\n(iii) Tribal Areas adjoining Bannu district;\r\n 3[(iiia) Tribal Areas adjoining Lakki Marwat district;]\r\n(iv) Tribal Areas adjoining Dera Ismail Khan district;\r\n 4[(iva) Tribal Areas adjoining Tank District;]\r\n 5[(v) Bajaur Agency;\r\n(va) Orakzai Agency;]\r\n(vi) Mohmand Agency;\r\n(vii) Khyber Agency;\r\n(viii) Kurram Agency;\r\n(ix) North Waziristan Agency; and\r\n(x) South Waziristan Agency.\r\n247. Administration of Tribal Areas .− (1) Subject to the \r\nConstitution, the executive authority of the Federation shall extend to \r\nthe Federally Administered Tribal Areas, and the executive authority of \r\na Province shall extend to the Provincially Administered Tribal Areas \r\ntherein. \r\n(2) The President may, from time to time, give such directions to \r\nthe Governor of a Province relating to the whole or any part of a Tribal \r\nArea within the Province as he may deem necessary, and the \r\nGovernor shall, in the exercise of his functions under this Article, \r\ncomply with such directions. \r\n1Inserted by the Constitution (Sixth Amendment) Act, 1976 (LXXXIV of 1976); assented to by the \r\nPresident on 31 December 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 1977, p. 21, s.4: it came into force on 1 October 1976.\r\n2Substituted ibid, for the word “Hazara”: it came into force on 1 October 1976.\r\n3Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (I of 2011); assented to by the \r\nPresident on 1 January 2011; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 \r\nJanuary 2011, pp. 1-4, s. 7.\r\n4Ibid.\r\n5Sub-paragraph (v) was substituted and sub-paragraph (va) was inserted by the Constitution \r\n(Sixth Amendment) Act, 1976 (LXXXIV of 1976) ; assented to by the President on 31 December \r\n1976; and, published in the Gazette of Pakistan (Extraordinary), dated: 4 January 1977, p. 21, s. \r\n4: it came into force on 1 December 1973.\r\nConstitution: (Amendment) Order, 2007 | 141\r\n(3) No Act of 1[Majlis-e-Shoora (Parliament)] shall apply to any \r\nFederally Administered Tribal Area or to any part thereof, unless the \r\nPresident so directs, and no Act of 2[Majlis-e-Shoora (Parliament)] or \r\na Provincial Assembly shall apply to a Provincially Administered Tribal \r\nArea, or to any part thereof, unless the Governor of the Province in \r\nwhich the Tribal Area is situate, with the approval of the President, so \r\ndirects; and in giving such a direction with respect to any law, the \r\nPresident or, as the case may be, the Governor, may direct that the \r\nlaw shall, in its application to a Tribal Area, or to a specified part \r\nthereof, have effect subject to such exceptions and modifications as \r\nmay be specified in the direction. \r\n(4) Notwithstanding anything contained in the Constitution, the \r\nPresident may, with respect to any matter within the legislative \r\ncompetence of 3[Majlis-e-Shoora (Parliament)], and the Governor of a \r\nProvince, with the prior approval of the President, may, with respect to \r\nany matter within the legislative competence of the Provincial \r\nAssembly make regulations for the peace and good government of a \r\nProvincially Administered Tribal Area or any part thereof, situated in \r\nthe Province. \r\n(5) Notwithstanding anything contained in the Constitution, the \r\nPresident may, with respect to any matter, make regulations for the \r\npeace and good government of a Federally Administered Tribal Area \r\nor any part thereof. \r\n(6) The President may, at any time, by Order, direct that the whole \r\nor any part of a Tribal Area shall cease to be Tribal Area, and such \r\nOrder may contain such incidental and consequential provisions as \r\nappear to the President to be necessary and proper: \r\nProvided that before making any Order under this clause, the \r\nPresident shall ascertain, in such manner as he considers appropriate, \r\nthe views of the people of the Tribal Area concerned, as represented \r\nin tribal jirga.\r\n(7) Neither the Supreme Court nor a High Court shall exercise any \r\njurisdiction under the Constitution in relation to a Tribal Area, unless \r\n4[Majlis-e-Shoora (Parliament)] by law otherwise provides: \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985) came into force on 2 March 1985 and , published in the Gazette of \r\nPakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read with the Schedule, \r\nitem 1: the Order came into force on 2 March 1985 and was saved under Article 270A of the \r\nConstitution.2Ibid.\r\n3Ibid.\r\n4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n142 | Constitution: (Amendment) Order, 2007\r\nProvided that nothing in this clause shall affect the jurisdiction \r\nwhich the Supreme Court or a High Court exercised in relation to a \r\nTribal Area immediately before the commencing day.\r\nChapter 4\r\nGeneral\r\n248. Protection to President, Governor, Minister, etc.−(1) The \r\nPresident, a Governor, the Prime Minister, a Federal Minister, a \r\nMinister of State, the Chief Minister and a Provincial Minister shall not \r\nbe answerable to any court for the exercise of powers and \r\nperformance of functions of their respective offices or for any act done \r\nor purported to be done in the exercise of those powers and \r\nperformance of those functions: \r\nProvided that nothing in this clause shall be construed as \r\nrestricting the right of any person to bring appropriate proceedings \r\nagainst the Federation or a Province.\r\n(2) No criminal proceedings whatsoever shall be instituted or \r\ncontinued against the President or a Governor in any court during his \r\nterm of office. \r\n(3) No process for the arrest or imprisonment of the President or a \r\nGovernor shall issue from any court during his term of office. \r\n(4) No civil proceedings in which relief is claimed against the \r\nPresident or a Governor shall be instituted during his term of office in \r\nrespect of anything done or not done by him in his personal capacity \r\nwhether before or after he enters upon his office unless, at least sixty \r\ndays before the proceedings are instituted, notice in writing has been \r\ndelivered to him, or sent to him in the manner prescribed by law, \r\nstating the nature of the proceedings, the cause of action, the name, \r\ndescription and place of residence of the party by whom the \r\nproceedings are to be instituted and the relief which the party claims. \r\n249. Legal proceedings.− (1) Any legal proceedings which, but for \r\nthe Constitution, could have been brought by or against the \r\nFederation in respect of a matter which, immediately before the \r\ncommencing day, was the responsibility of the Federation and has, \r\nunder the Constitution, become the responsibility of a Province, shall \r\nbe brought by or against the Province concerned; and if any such \r\nlegal proceedings were pending in any court immediately before the \r\ncommencing day then, in those proceedings, for the Federation the \r\nProvince concerned shall, as from that day, be deemed to have been \r\nsubstituted. \r\n(2) Any legal proceedings which, but for the Constitution , could \r\nhave been brought by or against a Province in respect of a matter \r\nwhich, immediately before the commencing day, was the responsibility \r\nConstitution: (Amendment) Order, 2007 | 143\r\nof the Province and has under the Constitution become the \r\nresponsibility of the Federation, shall be brought by or against the \r\nFederation; and if any such legal proceedings were pending in any \r\ncourt immediately before the commencing day then, in those \r\nproceedings, for the Province the Federation shall, as from that day, \r\nbe deemed to have been substituted. \r\n250. Salaries, allowances, etc., of the President, etc.− (1) \r\nWithin two years from the commencing day, provision shall be made \r\nby law for determining the salaries, allowances and privileges of the \r\nPresident, the Speaker and Deputy Speaker and a member of the \r\nNational Assembly or a Provincial Assembly, the Chairman and \r\nDeputy Chairman and a member of the Senate, the Prime Minister, a \r\nFederal Minister, a Minister of State, 1[* *] a Chief Minister, a Provincial \r\nMinister and the Chief Election Commissioner.\r\n(2) Until other provision is made by law,− \r\n(a) the salaries, allowances and privileges of the President, the \r\nSpeaker or Deputy Speaker or a member of the National \r\nAssembly or a Provincial Assembly, a Federal Minister, a \r\nMinister of a State, 2[* *] a Chief Minister, a Provincial \r\nMinister and the Chief Election Commissioner shall be the \r\nsame as the salaries, allowances and privileges to which \r\nthe President, the Speaker or Deputy Speaker or member \r\nof the National Assembly of Pakistan or a Provincial \r\nAssembly, a Federal Minister, a Minister of State, 3[* *] a \r\nChief Minister, a Provincial Minister or, as the case may be, \r\nthe Chief Election Commissioner was entitled immediately \r\nbefore the commencing day; and \r\n(b) the salaries, allowances and privileges of the Chairman, \r\nthe Deputy Chairman, the Prime Minister and a member of \r\nthe Senate shall be such as the President may by Order \r\ndetermine. \r\n(3) The salary, allowances and privileges of a person holding \r\noffice as− \r\n(a) the President;\r\n(b) the Chairman or Deputy Chairman;\r\n(c) the Speaker or Deputy Speaker of the National Assembly \r\nor a Provincial Assembly;\r\n1The expression “a Governor,” was omitted by the Constitution (First Amendment) Act, 1974 \r\n(XXXIII of 1974); assented to by the President on 4 May 1974; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 May 1974, pp. 179-182, s. 13.\r\n2Ibid. \r\n3Ibid. \r\n144 | Constitution: (Amendment) Order, 2007\r\n(d) a Governor;\r\n(e) the Chief Election Commissioner; or\r\n(f) the Auditor-General;\r\nshall not be varied to his disadvantage during his term of office. \r\n(4) At any time when the Chairman or Speaker is acting as \r\nPresident, he shall be entitled to the same salary, allowances and \r\nprivileges as a President but shall not exercise any of the functions of \r\nthe office of Chairman or Speaker or a member of 1[Majlis-e-Shoora \r\n(Parliament)] or be entitled to salary, allowances or privileges as \r\nChairman, Speaker or such a member. \r\n251. National language.− (1) The National language of Pakistan is \r\nUrdu, and arrangements shall be made for its being used for official \r\nand other purposes within fifteen years from the commencing day. \r\n(2) Subject to clause (1), the English language may be used for \r\nofficial purposes until arrangements are made for its replacement by \r\nUrdu. \r\n(3) Without prejudice to the status of the National language, a \r\nProvincial Assembly may by law prescribe measures for the teaching, \r\npromotion and use of a Provincial language in addition to the national \r\nlanguage. \r\n252. Special provisions in relation to major ports and \r\naerodromes.− (1) Notwithstanding anything contained in the \r\nConstitution or in any law, the President may, by public notification, \r\ndirect that, for a period not exceeding three months from a specified \r\ndate, a specified law, whether a Federal law or a Provincial law, shall \r\nnot apply to a specified major port or major aerodrome, or shall apply \r\nto a specified major port or major aerodrome subject to specified \r\nexceptions or modifications. \r\n(2) The giving of a direction under this Article in relation to any law \r\nshall not affect the operation of the law prior to the date specified in \r\nthe direction. \r\n253. Maximum limits as to property, etc .− (1) 2[Majlis-e-Shoora \r\n(Parliament)] may by law − \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 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 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 145\r\n(a) prescribe the maximum limits as to property or any class \r\nthereof which may be owned, held, possessed or controlled \r\nby any person; and\r\n(b) declare that any trade, business, industry or service \r\nspecified in such law shall be carried on or owned, to the \r\nexclusion, complete or partial, of other persons, by the \r\nFederal Government or a Provincial Government, or by a \r\ncorporation controlled by any such Government.\r\n(2) Any law which permits a person to own beneficially or possess \r\nbeneficially an area of land greater than that which, immediately \r\nbefore the commencing day, he could have lawfully owned beneficially \r\nor possessed beneficially shall be invalid. \r\n254. Failure to comply with requirement as to time does not \r\nrender an act invalid.−When any act or thing is required by the \r\nConstitution to be done within a particular period and it is not done \r\nwithin that period, the doing of the act or thing shall not be invalid or \r\notherwise ineffective by reason only that it was not done within that \r\nperiod. \r\n255. Oath of office .− (1) An oath required to be made by a person \r\nunder the Constitution shall 1[preferably be made in Urdu or] a \r\nlanguage that is understood by that person. \r\n(2) Where, under the Constitution , an oath is required to be made \r\nbefore a specified person and, for any reason, it is impracticable for \r\nthe oath to be made before that person, it may be made before such \r\nother person as may be nominated by that person.\r\n \r\n(3) Where, under the Constitution, a person is required to make an \r\noath before he enters upon an office, he shall be deemed to have \r\nentered upon the office on the day on which he makes the oath. \r\n256. Private armies forbidden .− No private organization capable \r\nof functioning as a military organization shall be formed, and any such \r\norganization shall be illegal. \r\n257. Provision relating to the State of Jammu and Kashmir .− \r\nWhen the people of the State of Jammu and Kashmir decide to \r\naccede to Pakistan, the relationship between Pakistan and the State \r\nshall be determined in accordance with the wishes of the people of \r\nthat State. \r\n258. Government of territories outside Provinces.−Subject to \r\nthe Constitution, until 2[Majlis-e-Shoora (Parliament)] by law otherwise \r\nprovides, the President may, by order, make provision for peace and \r\n1Substituted ibid, for the words “be made in”, item 51.\r\n146 | Constitution: (Amendment) Order, 2007\r\ngood government of any part of Pakistan not forming part of a \r\nProvince. \r\n259. Awards.− (1) No citizen shall accept any title, honour or \r\ndecoration from any foreign State except with the approval of the \r\nFederal Government. \r\n(2) No title, honour or decoration shall be conferred by the Federal \r\nGovernment or any Provincial Government on any citizen, but the \r\nPresident may award decorations in recognition of gallantry 1[, \r\nmeritorious service in the Armed Forces] 2[, academic distinction or \r\ndistinction in the field of sports or nursing], as provided by Federal law. \r\n(3) All titles, honours and decorations awarded to citizens by any \r\nauthority in Pakistan before the commencing day otherwise than in \r\nrecognition of gallantry 3[, meritorious service in the Armed Forces] or \r\nacademic distinction shall stand annulled.\r\nChapter 5\r\nInterpretation\r\n260. Definitions.− (1) In the Constitution, unless the context \r\notherwise requires, the following expressions have the meaning \r\nhereby respectively assigned to them, that is to say,− \r\n\"Act of 4[Majlis-e-Shoora (Parliament)]\" means an Act passed \r\nby 5[Majlis-e-Shoora (Parliament)] or the National Assembly \r\nand assented to, or deemed to have been assented to, by the \r\nPresident;\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n1Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s.14: it came into force from the date of the commencement of the \r\nConstitution i.e. 14 August 1973.\r\n2Substituted for the words “or academic distinction” by the Constitution (Third Amendment) \r\nOrder, 1981 (P. O. No. 12 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: \r\n12 October 1981, p. 507, Article 2: the Order was saved under Article 270A of the Constitution.\r\n3Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974) ) ; assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s.14.\r\n4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n5Ibid.\r\nConstitution: (Amendment) Order, 2007 | 147\r\n\"Act of Provincial Assembly\" means an Act passed by the \r\nProvincial Assembly of a Province and assented to, or deemed \r\nto have been assented to, by the Governor;\r\n\"agricultural income\" means agricultural income as defined for \r\nthe purposes of the law relating to income-tax;\r\n\"Article\" means Article of the Constitution;\r\n\"borrow\" includes the raising of money by the grant of \r\nannuities, and \"loans\" shall be construed accordingly;\r\n\"Chairman\" means the Chairman of the Senate and, except in \r\nArticle 49, includes a person acting as Chairman of the \r\nSenate;\r\n 1[\"Chief Justice\", in relation to the Supreme Court or a High \r\nCourt, includes the Judge for the time being acting as Chief \r\nJustice of the Court;]\r\n\"citizen\" means a citizen of Pakistan as defined by law;\r\n\"clause\" means clause of the Article in which it occurs;\r\n 2[“consultation” * * * * * ]\r\n\"corporation tax\" means any tax on income that is payable by \r\ncompanies and in respect of which the following conditions \r\napply:− \r\n(a) the tax is not chargeable in respect of agricultural \r\nincome;\r\n(b) no deduction in respect of the tax paid by companies is, \r\nby any law which may apply to the tax, authorised to be \r\nmade from dividends payable by the companies to \r\nindividuals;\r\n(c) no provision exists for taking the tax so paid into \r\naccount in computing for the purposes of income tax \r\nthe total income of individual receiving such dividends, \r\nor in computing the income-tax payable by, or \r\nrefundable to, such individuals;\r\n1Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974) ; assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 15.\r\n2The definition of “consultation” was omitted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 92. It was earlier inserted by \r\nthe Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), published in the \r\nGazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. 1031-1049, Article 24. The said \r\nOrder was declared as without lawful authority and of no legal effect by Article 270AA: the said \r\nArticle was substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.\r\n148 | Constitution: (Amendment) Order, 2007\r\n\"debt\" includes any liability in respect of any obligation to repay \r\ncapital sums by way of annuities and any liability under any \r\nguarantee, and \"debt charges\" shall be construed accordingly; \r\n\"estate duty\" means a duty assessed on, or by reference to, \r\nthe value of property passing upon death;\r\n\"existing law\" has the same meaning as in clause (7) of Article \r\n268;\r\n\"Federal law\" means a law made by or under the authority of \r\n1[Majlis-e-Shoora (Parliament)];\r\n\"financial year\" means a year commencing on the first day of \r\nJuly;\r\n\"goods\" includes all materials, commodities and articles;\r\n\"Governor\" means the Governor of a Province and includes \r\nany person for the time being acting as the Governor of a \r\nProvince;\r\n\"guarantee\" includes any obligation undertaken before the \r\ncommencing day to make payments in the event of the profits \r\nof an undertaking falling short of a specified amount;\r\n\"House\" means the Senate or the National Assembly;\r\n\"joint sitting\" means a joint sitting of the two Houses;\r\n\"Judge\" in relation to the Supreme Court or a High Court, \r\nincludes the Chief Justice of the Court and also includes − \r\n(a) in relation to the Supreme Court, a person who is \r\nacting as a Judge of the Court; and\r\n(b) in relation to the High Court, a person who is an \r\nAdditional Judge of the Court;\r\n\"members of the Armed Forces\" does not include persons who \r\nare not, for the time being, subject to any law relating to the \r\nmembers of the Armed Forces;\r\n\"net proceeds\" means, in relation to any tax or duty, the \r\nproceeds thereof, reduced by the cost of collection, as \r\nascertained and certified by the Auditor-General;\r\n\"oath\" includes affirmation;\r\n\"Part\" means Part of the Constitution;\r\n\"pension\" means a pension, whether contributory or not, of any \r\nkind whatsoever payable to, or in respect of, any person and \r\nincludes retired pay so payable, a gratuity so payable, and any \r\nsum or sums so payable by way of the return, with or without \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 149\r\ninterest thereon or any addition thereto, of subscriptions to a \r\nprovident fund;\r\n\"person\" includes any body politic or corporate;\r\n\"President\" means the President of Pakistan and includes a \r\nperson for the time being acting as, or performing the functions \r\nof, the President of Pakistan and, as respects anything \r\nrequired to be done under the Constitution before the \r\ncommencing day, the President under the Interim Constitution \r\nof the Islamic Republic of Pakistan;\r\n\"property\" includes any right, title or interest in property, \r\nmovable or immovable, and any means and instruments of \r\nproduction;\r\n\"Provincial law\" means a law made by or under the authority of \r\nthe Provincial Assembly;\r\n\"remuneration\" includes salary and pension;\r\n\"Schedule\" means Schedule to the Constitution;\r\n\"security of Pakistan\" includes the safety, welfare, stability and \r\nintegrity of Pakistan and of each part of Pakistan, but shall not \r\ninclude public safety as such;\r\n\"service of Pakistan\" means any service, post or office in \r\nconnection with the affairs of the Federation or of a Province, \r\nand includes an All-Pakistan Service, service in the Armed \r\nForces and any other service declared to be a service of \r\nPakistan by or under Act of 1[Majlis-e-Shoora (Parliament)] or \r\nof a Provincial Assembly, but does not include service as \r\nSpeaker, Deputy Speaker, Chairman, Deputy Chairman, Prime \r\nMinister, Federal Minister, Minister of State, Chief Minister, \r\nProvincial Minister 2[, Attorney-General,] 3[Advocate-General,] \r\n4[Parliamentary Secretary] 5[,Chairman or member of a law \r\ncommission, Chairman or member of the Council of Islamic \r\nIdeology, Special Assistant to the Prime Minister, Adviser to \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 15.\r\n3Inserted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 16.\r\n4Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 15.\r\n5Inserted by the Constitution (Sixth Amendment) Act, 1976 (LXXXIV of 1976); assented to by the \r\nPresident on 31 December 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 4 January 1977, p. 21, s. 5.\r\n150 | Constitution: (Amendment) Order, 2007\r\nthe Prime Minister, Special Assistant to a Chief Minister, \r\nAdviser to a Chief Minister] or member of a House or a \r\nProvincial Assembly;\r\n\"Speaker\" means the Speaker of the National Assembly or a \r\nProvincial Assembly, and includes any person acting as the \r\nSpeaker of the Assembly;\r\n\"taxation\" includes the imposition of any tax or duty, whether \r\ngeneral, local or special, and \"tax\" shall be construed \r\naccordingly;\r\n\"tax on income\" includes a tax in the nature of an excess \r\nprofits tax or a business profits tax.\r\n(2) In the Constitution \"Act of 1[Majlis-e-Shoora (Parliament)]\" or \r\n\"Federal law\" or \"Act of Provincial Assembly\" or \"Provincial law\" shall \r\ninclude an Ordinance promulgated by the President or, as the case \r\nmay be, a Governor. \r\n 2[(3) In the Constitution and all enactments and other legal \r\ninstruments, unless there is anything repugnant in the subject or \r\ncontext,− \r\n(a) \"Muslim\" means a person who believes in the unity and \r\noneness of Almighty Allah, in the absolute and unqualified \r\nfinality of the Prophethood of Muhammad (peace be upon \r\nhim), the last of the prophets, and does not believe in, or \r\nrecognize as a prophet or religious reformer, any person \r\nwho claimed or claims to be a prophet, in any sense of the \r\nword or of any description whatsoever, after Muhammad \r\n(peace be upon him); and\r\n(b) \"non-Muslim\" means a person who is not a Muslim and \r\nincludes a person belonging to the Christian, Hindu, Sikh, \r\nBudhist or Parsi community, a person of the Quadiani \r\ngroup or the Lahori group (who call themselves 'Ahmadis' \r\nor by any other name), or a Bahai, and a person belonging \r\nto any of the scheduled castes.]\r\n261. Person acting in office not to be regarded as \r\nsuccessor to previous occupant of office, etc .− For the \r\npurposes of the Constitution , a person who acts in an office shall not \r\nbe regarded as the successor to the person who held that office \r\nbefore him or as the predecessor to the person who holds that office \r\nafter him. \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n2Substituted by the Constitution (Third Amendment) Order, 1985 (P. O. No. 24 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 19 March 1985, pp. 237-239, Article \r\n6: the Order was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 151\r\n262. Gregorian calendar to be used .− For the purposes of the \r\nConstitution, period of time shall be reckoned according to the \r\nGregorian calendar. \r\n263. Gender and number.− In the Constitution,− \r\n(a) words importing the masculine gender shall be taken to \r\ninclude females; and\r\n(b) words in the singular shall include the plural, and words in \r\nthe plural shall include the singular.\r\n264. Effect of repeal of laws .− Where a law is repealed, or is \r\ndeemed to have been repealed, by, under, or by virtue of the \r\nConstitution, the repeal shall not, except as otherwise provided in the \r\nConstitution,− \r\n(a) revive anything not in force or existing at the time at which \r\nthe repeal takes effect;\r\n(b) affect the previous operation of the law or anything duly \r\ndone or suffered under the law;\r\n(c) affect any right, privilege, obligation or liability acquired, \r\naccrued or incurred under the law;\r\n(d) affect any penalty, forfeiture or punishment incurred in \r\nrespect of any offence committed against the law; or\r\n(e) affect any investigation, legal proceeding or remedy in \r\nrespect of any such right, privilege, obligation, liability, \r\npenalty, forfeiture or punishment;\r\nand any such investigation, legal proceeding or remedy may be \r\ninstituted, continued or enforced, and any such penalty, forfeiture or \r\npunishment may be imposed, as if the law had not been repealed.\r\nChapter 6\r\nTitle, Commencement and Repeal\r\n265. Title of Constitution and commencement .− (1) This \r\nConstitution shall be known as the Constitution of the Islamic Republic \r\nof Pakistan. \r\n(2) Subject to clauses (3) and (4), the Constitution shall come into \r\nforce on the fourteenth day of August, one thousand nine hundred and \r\nseventy- three or on such earlier day as the President may, by \r\nnotification in the official Gazette, appoint, in the Constitution referred \r\nto as the \"commencing day\".\r\n(3) The Constitution shall, to the extent necessary − \r\n(a) for the constitution of the first Senate;\r\n(b) for the first meeting of a House or a joint sitting to be held;\r\n152 | Constitution: (Amendment) Order, 2007\r\n(c) for the election of the President and the Prime Minister to \r\nbe held; and\r\n(d) to enable any other thing to be done which, for the \r\npurposes of the Constitution , it is necessary to do before \r\nthe commencing day,\r\ncome into force upon the enactment of the Constitution, but the \r\nperson elected as President or Prime Minister shall not enter upon his \r\noffice before the commencing day. \r\n(4) Where by the Constitution a power is conferred to make rules \r\nor to issue orders with respect to the enforcement of any provision \r\nthereof, or with respect to the establishment of any Court or office, or \r\nthe appointment of any Judge or office thereunder, or with respect to \r\nthe person by whom, or the time when, or the place where, or the \r\nmanner in which, anything is to be done under any such provision, \r\nthen that power may be exercised at any time between the enactment \r\nof the Constitution and its commencement. \r\n266. Repeal.− The Interim Constitution of the Islamic Republic of \r\nPakistan, together with the Acts and President's Orders making \r\nomissions from, additions to, modifications of, or amendments in, that \r\nConstitution is hereby repealed.\r\nChapter 7\r\nTransitional\r\n267. Power of President to remove difficulties.− (1) At any time \r\nbefore the commencing day or before the expiration of three months \r\nfrom the commencing day, the President may, for the purpose of \r\nremoving any difficulties, or for bringing the provisions of the \r\nConstitution into effective operation, by Order, direct that the \r\nprovisions of the Constitution shall, during such period as may be \r\nspecified in the Order, have effect, subject to such adaptations, \r\nwhether by way of modification, addition or omission, as he may deem \r\nto be necessary or expedient. \r\n(2) An Order made under clause (1) shall be laid before both \r\nHouses without undue delay, and shall remain in force until a \r\nresolution disapproving it is passed by each House or, in case of \r\ndisagreement between the two Houses, until such resolution is passed \r\nat a joint sitting. \r\n 1[267A. Power to remove difficulties .− (1) If any difficulty arises in \r\ngiving effect to the provisions of the Constitution (Eighteenth \r\nAmendment) Act, 2010, hereinafter in this Article referred to as the \r\n1Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 93.\r\nConstitution: (Amendment) Order, 2007 | 153\r\nAct, or for bringing the provisions of the Act into effective operation, \r\nthe matter shall be laid before both Houses in a joint sitting which may \r\nby a resolution direct that the provisions of the Act shall, during such \r\nperiod as may be specified in the resolution, have effect, subject to \r\nsuch adaptations, whether by way of modification, addition or \r\nomission, as may be deemed necessary or expedient: \r\nProvided that this power shall be available for a period of one year \r\nfrom the commencement of the Act. \r\n267B. Removal of doubt.− For removal of doubt it is hereby \r\ndeclared that Article 152A omitted and Articles 179 and 195 \r\nsubstituted by the Constitution (Seventeenth Amendment) Act, 2003 \r\n(Act No. III of 2003), notwithstanding its repeal, shall be deemed \r\nalways to have been so omitted and substituted.]\r\n268. Continuance in force, and adaptation of, certain laws .− \r\n(1) Except as provided by this Article, all existing laws shall, subject to \r\nthe Constitution, continue in force, so far as applicable and with the \r\nnecessary adaptations, until altered, repealed or amended by the \r\nappropriate Legislature. \r\n 1[(2) * * * * * * * ]\r\n(3) For the purpose of bringing the provisions of any existing law \r\ninto accord with the provisions of the Constitution (other than Part II of \r\nthe Constitution), the President may by Order, within a period of two \r\nyears from the commencing day, make such adaptation, whether by \r\nway of modification, addition or omission, as he may deem to be \r\nnecessary or expedient, and any such Order may be made so as to \r\nhave effect from such day, not being a day earlier than the \r\ncommencing day, as may be specified in the Order. \r\n(4) The President may authorise 2 the Governor of a Province to \r\nexercise, in relation to the Province, the powers conferred on the \r\nPresident by clause (3) in respect of laws relating to matters with \r\nrespect to which the Provincial Assembly has power to make laws. \r\n(5) The powers exercisable under clauses (3) and (4) shall be \r\nsubject to the provisions of an Act of the appropriate Legislature. \r\n(6) Any court, tribunal or authority required or empowered to \r\nenforce an existing law shall, notwithstanding that no adaptations \r\nhave been made in such law by an Order made under clause (3) or \r\nclause (4), construe the law with all such adaptations as are \r\nnecessary to bring it into accord with the provisions of the \r\nConstitution. \r\n1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 94.\r\n2For such authorization, see S.R.O. No. 1328 (I)/73, dated: 17 September 1973, published in the \r\nGazette of Pakistan (Extraordinary), Part-II, dated: 17 September 1973, p. 2001.\r\n154 | Constitution: (Amendment) Order, 2007\r\n(7) In this Article, \"existing laws\" means all laws (including \r\nOrdinances, Orders-in-Council, Orders, rules, bye-laws, regulations \r\nand Letters Patent constituting a High Court, and any notifications and \r\nother legal instruments having the force of law) in force in Pakistan or \r\nany part thereof, or having extra-territorial validity, immediately before \r\nthe commencing day. \r\nExplanation.− In this Article, \"in force\", in relation to any law, \r\nmeans having effect as law whether or not the law has been brought \r\ninto operation.\r\n269. Validation of laws, acts, etc .− (1) All Proclamations, \r\nPresident's Orders, Martial Law Regulations, Martial Law Orders and \r\nall other laws made between the twentieth day of December, one \r\nthousand nine hundred and seventy-one and the twentieth day of \r\nApril, one thousand nine hundred and seventy-two (both days \r\ninclusive), are hereby declared, notwithstanding any judgment of any \r\ncourt, to have been validly made by competent authority and shall not \r\nbe called in question in any court on any ground whatsoever. \r\n(2) All orders made, proceedings taken and acts done by any \r\nauthority, or by any person, which were made, taken or done, or \r\npurported to have been made, taken or done, between the twentieth \r\nday of December, one thousand nine hundred and seventy-one, and \r\nthe twentieth day of April, one thousand nine hundred and seventy-\r\ntwo (both days inclusive), in exercise of the powers derived from any \r\nPresident's Orders, Martial Law Regulations, Martial Law Orders, \r\nenactments, notifications, rules, orders or bye-laws, or in execution of \r\nany orders made or sentences passed by any authority in the exercise \r\nor purported exercise of powers as aforesaid, shall, notwithstanding \r\nany judgment of any court, be deemed to be and always to have been \r\nvalidly made, taken or done and shall not be called in question in any \r\ncourt on any ground whatsoever. \r\n(3) No suit or other legal proceedings shall lie in any court against \r\nany authority or any person for or on account of or in respect of any \r\norder made, proceedings taken or act done whether in the exercise or \r\npurported exercise of the powers referred to in clause (2) or in \r\nexecution of or in compliance with orders made or sentences passed \r\nin exercise or purported exercise of such powers. \r\n270. Temporary validation of certain laws, etc .− (1) 1[Majlis-e-\r\nShoora (Parliament)] may by law made in the manner prescribed for \r\nlegislation for a matter in Part I of the Federal Legislative List validate \r\nall Proclamations, President's Orders, Martial Law Regulations, Martial \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 155\r\nLaw Orders and other laws made between the twenty-fifth day of \r\nMarch, one thousand nine hundred and sixty-nine, and the nineteenth \r\nday of December, one thousand nine hundred and seventy-one (both \r\ndays inclusive). \r\n(2) Notwithstanding a judgment of any court, a law made by \r\n1[Majlis-e-Shoora (Parliament)] under clause (1) shall not be \r\nquestioned in any court on any ground, whatsoever. \r\n(3) Notwithstanding the provisions of clause (1), and a judgment of \r\nany court to the contrary, for a period of two years from the \r\ncommencing day, the validity of all such instruments as are referred to \r\nin clause (1) shall not be called in question before any court on any \r\nground whatsoever. \r\n(4) All orders made, proceedings taken, and acts done by any \r\nauthority, or any person, which were made, taken or done, or \r\npurported to have been made, taken or done, between the twenty-fifth \r\nday of March, one thousand nine hundred and sixty-nine, and \r\nnineteenth day of December, one thousand nine hundred and \r\nseventy-one (both days inclusive), in exercise of powers derived from \r\nany President's Orders, Martial Law Regulations, Martial Law Orders, \r\nenactments, notifications, rules, orders or bye-laws, or in execution of \r\nany order made or sentence passed by any authority in the exercise \r\nor purported exercise of power as aforesaid shall, notwithstanding any \r\njudgment of any court, be deemed to be and always to have been \r\nvalidly made, taken or done, so however that any such order, \r\nproceeding or act may be declared invalid by 2[Majlis-e-Shoora \r\n(Parliament)] at any time within a period of two years from the \r\ncommencing day by resolution of both Houses, or in case of \r\ndisagreement between the two Houses, by such resolution passed at \r\na joint sitting and shall not be called in question before any court on \r\nany ground, whatsoever. \r\n 3[270A. Affirmation of President's Orders, etc .− (1) The \r\nProclamation of the fifth day of July, 1977, all President's Orders, \r\n1Ibid.\r\n2Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n3Substituted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985); assented to by \r\nthe President on 9 November 1985; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 11 November 1985, pp. 403-410, s. 19: it came into force with effect from 30 December \r\n1985 -- the day on which the Proclamation of Martial Law of the fifth day of July, 1977 was \r\nrevoked by Proclamation of Withdrawal of Martial Law, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 30 December 1985, pp. 431-432, paragraph 1; and with that the whole of \r\nthe Constitution stood revived. It was earlier inserted by the Revival of the Constitution of 1973 \r\nOrder, 1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: \r\n17 March 1985, pp. 185-227, Article 2 read with the Schedule, item 52: the Order came into \r\nforce on 2 March 1985 and was saved under Article 270A of the Constitution.\r\n156 | Constitution: (Amendment) Order, 2007\r\nOrdinances, Martial Law Regulations, Martial Law Orders, including \r\nthe Referendum Order, 1984 (P. O. No. 11 of 1984), 4[* * * * * * * * * * \r\n*] the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of \r\n1985), the Constitution (Second Amendment) Order, 1985 (P. O. No. \r\n20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O. \r\nNo. 24 of 1985), and all other laws made between the fifth day of July, \r\n1977, and the date on which this Article comes into force are hereby \r\naffirmed, adopted and declared, notwithstanding any judgment of any \r\ncourt, to have been validly made by competent authority and, \r\nnotwithstanding anything contained in the Constitution, shall not be \r\ncalled in question in any court on any ground whatsoever: \r\nProvided that a President's Order, Martial Law Regulation or \r\nMartial Law Order made after the thirtieth day of September, 1985, \r\nshall be confined only to making such provisions as facilitate, or are \r\nincidental to, the revocation of the Proclamation of the fifth day of July, \r\n1977.\r\n(2) All orders made, proceedings taken and acts done by any \r\nauthority or by any person, which were made, taken or done, or \r\npurported to have been made, taken or done, between the fifth day of \r\nJuly, 1977, and the date on which this Article comes into force, in \r\nexercise of the powers derived from any Proclamation, President's \r\nOrders, Ordinances, Martial Law Regulations, Martial Law Orders, \r\nenactments, notifications, rules, orders or bye-laws, or in execution of \r\nor in compliance with any order made or sentence passed by any \r\nauthority in the exercise or purported exercise of powers as aforesaid, \r\nshall, notwithstanding any judgment of any court, be deemed to be \r\nand always to have been validly made, taken or done and shall not be \r\ncalled in question in any court on any ground whatsoever. \r\n(3) All President's Orders, Ordinances, Martial Law Regulations, \r\nMartial Law Orders, enactments, notifications, rules, orders or bye-\r\nlaws in force immediately before the date on which this Article comes \r\ninto force shall continue in force until altered, repealed or amended by \r\ncompetent authority. \r\nExplanation.− In this clause, “competent authority” means,− \r\n(a) in respect of President's Orders, Ordinances, Martial Law \r\nRegulations, Martial Law Orders and enactments, the \r\nappropriate Legislature; and\r\n4The expression “under which, in consequence of the result of the referendum held on the \r\nnineteenth day of December, 1984, General Muhammad Zia-ul-Haq became the President of \r\nPakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the \r\nterm specified in clause (7) of Article 41,” was omitted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 95.\r\nConstitution: (Amendment) Order, 2007 | 157\r\n(b) in respect of notifications, rules, orders and bye-laws, the \r\nauthority in which the power to make, alter, repeal or \r\namend the same vests under the law.\r\n(4) No suit, prosecution or other legal proceedings shall lie in any \r\ncourt against any authority or any person, for or on account of or in \r\nrespect of any order made, proceedings taken or act done whether in \r\nthe exercise or purported exercise of the powers referred to in clause \r\n(2) or in execution of or in compliance with orders made or sentences \r\npassed in exercise or purported exercise of such powers. \r\n(5) For the purposes of clauses (1), (2) and (4), all orders made, \r\nproceedings taken, acts done or purporting to be made, taken or done \r\nby any authority or person shall be deemed to have been made, taken \r\nor done in good faith and for the purpose intended to be served \r\nthereby.\r\n 1[(6) The laws referred to in clause (1) may be amended by the \r\nappropriate Legislature in the manner provided for amendment of \r\nsuch laws.]]\r\n 2[270AA. Declaration and continuance of laws etc .− (1) The \r\nProclamation of Emergency of the fourteenth day of October, 1999, \r\nthe Provisional Constitution Order No. 1 of 1999, the Oath of Office \r\n(Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 \r\nof 2002, Chief Executive's Order No. 19 of 2002, the amendments \r\nmade in the Constitution through the Legal Framework Order, 2002 \r\n(Chief Executive's Order No. 24 of 2002), the Legal Framework \r\n(Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) \r\nand the Legal Framework (Second Amendment) Order, 2002 (Chief \r\nExecutive's Order No. 32 of 2002), notwithstanding any judgment of \r\nany court including the Supreme Court or a High Court, are hereby \r\ndeclared as having been made without lawful authority and of no legal \r\neffect. \r\n(2) Except as provided in clause (1) and subject to the provisions \r\nof the Constitution (Eighteenth Amendment) Act, 2010, all laws \r\nincluding President's Orders, Acts, Ordinances, Chief Executive's \r\nOrders, regulations, enactments, notifications, rules, orders or bye-\r\nlaws made between the twelfth day of October, one thousand nine \r\nhundred and ninety-nine and the thirty-first day of December, two \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 95.\r\n2Ibid, s. 96. Article 270AA was initially inserted by the Legal Framework Order, 2002 (C.E.O No. \r\n24 of 2002), published in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp. \r\n1031-1049, Article 26. The Constitution (Seventeenth Amendment) Act, 2003 (III of 2003), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 December 2003, pp. 149-153, s. \r\n10 validated with modification. However, Article 270AA, which was substituted by the said \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010) declared the said Legal Framework \r\nOrder, 2002 (C.E.O No. 24 of 2002) as without lawful authority and of no legal effect. \r\n158 | Constitution: (Amendment) Order, 2007\r\nthousand and three (both days inclusive) and still in force shall, \r\ncontinue to be in force until altered, repealed or amended by the \r\ncompetent authority. \r\nExplanation.− For the purposes of clause (2) and clause (6), \r\n\"competent authority\" means,− \r\n(a) in respect of Presidents' Orders, Ordinances, Chief \r\nExecutive's Orders and all other laws, the appropriate \r\nLegislature; and \r\n(b) in respect of notifications, rules, orders and bye-laws, the \r\nauthority in which the power to make, alter, repeal or \r\namend the same vests under the law. \r\n(3) Notwithstanding anything contained in the Constitution or \r\nclause (1), or judgment of any court including the Supreme Court or a \r\nHigh Court,− \r\n(a) Judges of the Supreme Court, High Courts and Federal \r\nShariat Court who were holding the office of a Judge or \r\nwere appointed as such, and had taken oath under the \r\nOath of Office (Judges) Order, 2000, (1 of 2000), 1 shall be \r\ndeemed to have continued to hold the office as a Judge or \r\nto have been appointed as such, as the case may be, \r\nunder the Constitution , and such continuance or \r\nappointment, shall have effect accordingly. \r\n(b) Judges of the Supreme Court, High Courts and Federal \r\nShariat Court who not having been given or taken oath \r\nunder the Oath of Office (Judges) Order, 2000 (1 of 2000), 2 \r\nand ceased to hold the office of a Judge shall, for the \r\npurposes of pensionary benefits only, be deemed to have \r\ncontinued to hold office under the Constitution till their date \r\nof superannuation. \r\n(4) All orders made, proceedings taken, appointments made, \r\nincluding secondments and deputations, and acts done by any \r\nauthority, or by any person which were made, taken or done, or \r\npurported to have been made, taken or done, between the twelfth day \r\nof October, one thousand nine hundred and ninety-nine and the thirty \r\nfirst day of December, two thousand and three (both days inclusive), \r\nin exercise of the powers derived from any authority or laws \r\nmentioned in clause (2), or in execution of or in compliance with any \r\norders made or sentences passed by any authority in the exercise or \r\npurported exercise of powers as aforesaid, shall, notwithstanding \r\nanything contained in clause (1), be deemed to be valid and shall not \r\nbe called in question in any court or forum on any ground whatsoever. \r\n1Published in the Gazette of Pakistan (Extraordinary), dated: 25 January 2000, pp. 21-25. \r\n2Ibid. \r\nConstitution: (Amendment) Order, 2007 | 159\r\n(5) No suit, prosecution or other legal proceedings, including writ \r\npetitions, shall lie in any court or forum against any authority or any \r\nperson, for or on account of or in respect of any order made, \r\nproceedings taken or act done whether in the exercise or purported \r\nexercise of the powers referred to in clause (2) or clause (4) or in \r\nexecution of or in compliance with orders made or sentences passed \r\nin exercise or purported exercise of such powers. \r\n(6) Notwithstanding omission of the Concurrent Legislative List by \r\nthe Constitution (Eighteenth Amendment) Act, 2010, all laws with \r\nrespect to any of the matters enumerated in the said List (including \r\nOrdinances, Orders, rules, bye-laws, regulations and notifications and \r\nother legal instruments having the force of law) in force in Pakistan or \r\nany part thereof, or having extra-territorial operation, immediately \r\nbefore the commencement of the Constitution (Eighteenth \r\nAmendment) Act, 2010, shall continue to remain in force until altered, \r\nrepealed or amended by the competent authority. \r\n(7) Notwithstanding anything contained in the Constitution, all \r\ntaxes and fees levied under any law in force immediately before the \r\ncommencement of the Constitution (Eighteenth Amendment) Act, \r\n2010, shall continue to be levied until they are varied or abolished by \r\nan Act of the appropriate legislature. \r\n(8) On the omission of the Concurrent Legislative List, the process \r\nof devolution of the matters mentioned in the said List to the Provinces \r\nshall be completed by the thirtieth day of June, two thousand and \r\neleven. \r\n(9) For purposes of the devolution process under clause (8), the \r\nFederal Government shall constitute an Implementation Commission \r\nas it may deem fit within fifteen days of the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010.]\r\n 1[270AAA. Validation and affirmation of laws etc. − * * * ]\r\n 2[270B. Elections to be deemed to be held under \r\nConstitution.− Notwithstanding anything contained in the \r\nConstitution, the elections held under the Houses of Parliament and \r\n1Added by the Constitution (Amendment) Order, 2007 (P. O. No.5 of 2007), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 November 2007, pp. 1479-1482, Article 6. It was \r\ndeclared ultra vires the Constitution by the Supreme Court in the case citied as Sindh High Court \r\nBar Association versus Federation of Pakistan (PLD 2009 Supreme Court 879). \r\n2Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 52: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n160 | Constitution: (Amendment) Order, 2007\r\nProvincial Assemblies (Elections) Order, 1977 1, 2[and the Conduct of \r\nGeneral Elections Order, 2002 (Chief Executive's Order No.7 of \r\n2002),] to the Houses and the Provincial Assemblies shall be deemed \r\nto have been held under the Constitution and shall have effect \r\naccordingly.] \r\n 3[270BB. General Elections 2008 .− Notwithstanding anything \r\ncontained in the Constitution or any other law for the time being in \r\nforce, the General Elections 2008, to the National Assembly and the \r\nProvincial Assemblies held on the eighteenth day of February, two \r\nthousand and eight shall be deemed to have been held under the \r\nConstitution and shall have effect accordingly.]\r\n 4[270C. Oath of office of Judges, etc.− * * * * ] \r\n5271. First National Assembly .− (1) Notwithstanding anything \r\ncontained in the Constitution, but subject to 6[Article 63,] Article 64 and \r\nArticle 223,− \r\n7[(a) the first National Assembly shall consist of − \r\n1President’s (Post-Proclamation) Order No. 5 of 1977, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 July 1977, pp.449-450. The Order was repealed by the Conduct of \r\nGeneral Elections (Fourth Amendment) Order, 2002 (C.E.O. No. 21 of 2002), published in the \r\nGazette of Pakistan (Extraordinary), dated: 31 July 2002, pp. 885-898, Article 12, saved under \r\nArticle 270AA of the Constitution. \r\n2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 97: it came into force on 21 August 2002. For the text of the Order, \r\nsee the Gazette of Pakistan (Extraordinary), dated: 27 February 2002, pp. 53-57.\r\n3Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 98.\r\n4Inserted by the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 21 August 2002, pp.1031-1049, \r\nArticle 3 read with the Schedule, item 28. The said Order was, however, declared as without \r\nlawful authority and of no legal effect under Article 270AA as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010); assented to by the President on 19 April 2010; \r\nand, published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 2.\r\n5Vide the Removal of Difficulties (Bar Against Double Membership) Order, 1973 (P.O. No. 22 of \r\n1973), published in the Gazette of Pakistan (Extraordinary), dated: 2 November 1973, pp. 688-\r\n689, Article 2, Article 271 shall, during the period of five years from the 27 October 1973, have \r\neffect as if,-\r\n(a) after clause (2) thereof, the following new clause was inserted namely:-\r\n“(2A) A person referred to in clause (2) shall resign one of his seats at any time \r\non or before the 10 day of November, 1973, and, if he does not so resign, the \r\nseats to which he was elected first shall become vacant.”; and\r\n(b) in clause (3) thereof, after the words, “election petition”, the words “or \r\notherwise” were inserted.\r\n6Inserted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the \r\nPresident on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 November 1975, pp. 579-585, s. 9.\r\n7Substituted ibid.\r\nConstitution: (Amendment) Order, 2007 | 161\r\n(i) persons who have taken oath in the National Assembly \r\nof Pakistan existing immediately before the \r\ncommencing day, and\r\n(ii) the persons to be elected in accordance with law by the \r\nmembers of the Assembly to fill the seats referred to in \r\nclause (2A) of Article 51,\r\nand, unless sooner dissolved, shall continue until the fourteenth day of \r\nAugust, one thousand nine hundred and seventy seven; and reference \r\nto ‘total membership’ of the National Assembly in the Constitution \r\nshall be construed accordingly;]\r\n(b) the qualifications and disqualifications for being elected \r\nand being a member of the first National Assembly shall, \r\nexcept in case of members filling casual vacancies 1[, or to \r\nbe elected to the additional seats referred to in clause (2A) \r\nof Article 51,] after the commencing day, be the same as \r\nunder the Interim Constitution of the Islamic Republic of \r\nPakistan: \r\nProvided that no person holding an office of profit in the \r\nservice of Pakistan shall continue to be a member of the \r\nfirst National Assembly after the expiration of three months \r\nfrom the commencing day.\r\n(2) If a person referred to in paragraph (a) of clause (1) is, \r\nimmediately before the commencing day, also a member of a \r\nProvincial Assembly, he shall not take a seat in the National Assembly \r\nor the Provincial Assembly until he resigns one of his seats. \r\n(3) A casual vacancy in a seat in the first National Assembly, \r\nincluding a vacancy in a seat in the National Assembly of Pakistan \r\nexisting before the commencing day which was not filled before that \r\nday, caused by reason of death or resignation of a member or \r\nconsequent upon his incurring a disqualification or ceasing to be a \r\nmember as a result of the final decision of an election petition may be \r\nfilled in the same manner in which it would have been filled before the \r\ncommencing day. \r\n(4) A person referred to in paragraph (a) of clause (1) shall not sit \r\nor vote in the National Assembly until he has made the oath \r\nprescribed by Article 65 and, if, without the leave of the Speaker of the \r\nNational Assembly granted on reasonable cause shown, he fails to \r\nmake the oath within twenty-one days from the day of the first meeting \r\nof the Assembly, his seat shall become vacant at the expiration of that \r\nperiod. \r\n1Inserted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the \r\nPresident on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 November 1975, pp. 579-585, s. 9.\r\n162 | Constitution: (Amendment) Order, 2007\r\n 1272. First 2[constitution of] Senate .− 3[* *] Notwithstanding \r\nanything contained in the Constitution , but subject to 4[Article 63 and] \r\nArticle 223,−\r\n(a) the Senate shall, until the first National Assembly under the \r\nConstitution continues in existence, consist of forty-five \r\nmembers and the provisions of Article 59 shall have effect \r\nas if, in paragraph (a) of clause (1) thereof, for the word \r\n\"fourteen\" the word \"ten\", and in paragraph (b) of that \r\nclause for the word \"five\" the word \"three\", were \r\nsubstituted, and reference to \"total memberships\" of the \r\nSenate in the Constitution shall be construed accordingly;\r\n(b) the members elected or chosen as members of the Senate \r\nshall be divided into two groups by drawing of lots, the first \r\ngroup consisting of five members from each Province, two \r\nmembers from the Federally Administered Tribal Areas and \r\none member from the Federal Capital and the second \r\ngroup consisting of five members from each Province, one \r\nmember from the said Areas and one member from the \r\nFederal Capital;\r\n(c) the term of office of members of the first group and of the \r\nsecond group shall respectively be two years and four \r\nyears;\r\n(d) the term of office of persons elected or chosen to succeed \r\nthe members of the Senate at the expiration of their \r\nrespective terms shall be four years;\r\n(e) the term of office of a person elected or chosen to fill a \r\ncasual vacancy shall be the unexpired term of the member \r\nwhose vacancy he is elected or chosen to fill;\r\n(f) as soon as the first general election to the National \r\nAssembly is held, there shall be elected to the Senate four \r\nadditional members from each Province and two additional \r\n1Vide the Election to the Senate Order, 1973 (P.O. No. 8 of 1973), published in the Gazette of \r\nPakistan (Extraordinary), dated: 9 June 1973, pp. 422-423, the following clause (2) of Article 272 \r\nwould be deemed to have been inserted between 19 June 1973 and 14 August, 1974, namely:- \r\n“(2) Until Parliament by law makes provision in that behalf, the President \r\nmay, for the purpose of the Constitution of, and election to, the Senate, by Order, \r\nmake provision for any of the matters referred to in-\r\n(a) Paragraphs (d) and (e) of clause (1) of Article 63;\r\n(b) Paragraphs (d), (e) and (f) of Article 222; and \r\n(c) Article 225.”.2Inserted by the Constitution (First Amendment) Act, 1974 (XXXIII of 1974); assented to by the \r\nPresident on 4 May 1974; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nMay 1974, pp. 179-182, s. 16.\r\n3The expression “(1)” was omitted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of \r\n1975); assented to by the President on 21 November 1975; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 25 November 1975, pp. 579-585, s. 10.\r\n4Inserted ibid.\r\nConstitution: (Amendment) Order, 2007 | 163\r\nmembers from the Federally Administered Tribal Areas; \r\nand\r\n(g) the term of office of such half of the members elected \r\nunder paragraph (f) as may be determined by drawing of \r\nlots shall be the unexpired term of office of the members of \r\nthe first group and the term of office of the other half shall \r\nbe the unexpired term of the members of the second \r\ngroup.\r\n 1273. First Provincial Assembly .− (1) Notwithstanding anything \r\ncontained in the Constitution, but subject to 2[Article 63,] Article 64 and \r\nArticle 223,− \r\n3[(a) the first Assembly of a Province under the Constitution \r\nshall consist of − \r\n(i) the members of the Assembly of that Province in \r\nexistence immediately before the commencing day, \r\nand\r\n(ii) the additional members to be elected in accordance \r\nwith law by the members of the Assembly to fill the \r\nseats referred to in clause (3) of Article 106,\r\nand, unless sooner dissolved, shall continue until the \r\nfourteenth day of August, one thousand nine hundred and \r\nseventy-seven; and reference to \"total membership\" of the \r\nAssembly of a Province in the Constitution shall be \r\nconstrued accordingly;] \r\n(b) the qualifications and disqualifications for membership of \r\nthe first Assembly of a Province shall, except in case of \r\nmembers filling casual vacancies 4[, or to be elected to the \r\nadditional seats referred to in clause (3) of Article 106,] \r\nafter the commencing day, be the same as were provided \r\nin the Interim Constitution of the Islamic Republic of \r\nPakistan: \r\nProvided that no person holding an office of profit in the \r\nservice of Pakistan shall continue to be a member of the \r\n1Vide the Removal of Difficulties (Bar against Double Membership) Order, 1973 (P.O. No. 22 of \r\n1973), published in the Gazette of Pakistan (Extraordinary), dated: 2 November 1973, pp. 688-\r\n689, Article 273 shall, during the period of five years from the 27 October 1973, have effect as if, \r\nin clause (2) thereof, after the words “elections petitions”, the words “or otherwise” were inserted. \r\n2Inserted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975); assented to by the \r\nPresident on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 November 1975, pp. 579-585, s. 11.\r\n3Substituted ibid.\r\n4Inserted ibid.\r\n164 | Constitution: (Amendment) Order, 2007\r\nAssembly after the expiration of three months from the \r\ncommencing day.\r\n(2) A casual vacancy in a seat in the first Assembly of a Province, \r\nincluding a vacancy in a seat in the Assembly of that Province in \r\nexistence immediately before the commencing day which was not \r\nfilled before that day, caused by reason of death or resignation of a \r\nmember or consequent upon his incurring a disqualification or ceasing \r\nto be a member as a result of the final decision of an election petition \r\nmay be filled in the same manner in which it would have been filled \r\nbefore the commencing day.\r\n(3) A member referred to in paragraph (a) of clause (1) shall not \r\nsit or vote in the Provincial Assembly until he has made the oath \r\nprescribed by Article 65 read with Article 127 and, if, without leave of \r\nthe Speaker of the Provincial Assembly granted on reasonable cause \r\nshown, he fails to make the oath within twenty-one days from the day \r\nof the first meeting of the Provincial Assembly, his seat shall become \r\nvacant at the expiration of that period. \r\n274. Vesting of property, assets, rights, liabilities and \r\nobligations.− (1) All property and assets which, immediately before \r\nthe commencing day, were vested in the President or the Federal \r\nGovernment shall, as from that day, vest in the Federal Government \r\nunless they were used for purposes which, on that day, became \r\npurposes of the Government of a Province, in which case they shall, \r\nas from that day, vest in the Government of the Province.\r\n(2) All property and assets which, immediately before the \r\ncommencing day, were vested in the Government of a Province, shall, \r\nas from that day, continue to be vested in the Government of that \r\nProvince, unless they were used for purposes, which on that day, \r\nbecame purposes of the Federal Government in which case they \r\nshall, as from that day, vest in the Federal Government. \r\n(3) All rights, liabilities and obligations of the Federal Government \r\nor of the Government of a Province, whether arising out of contract or \r\notherwise, shall as from the commencing day, continue to be \r\nrespectively the rights, liabilities and obligations of the Federal \r\nGovernment or of the Government of the Province, except that − \r\n(a) all rights, liabilities and obligations relating to any matter \r\nwhich, immediately before that day, was the responsibility \r\nof the Federal Government, but which under the \r\nConstitution, has become the responsibility of the \r\nGovernment of a Province, shall devolve upon the \r\nGovernment of that Province; and\r\n(b) all rights, liabilities and obligations relating to any matter \r\nwhich, immediately before that day, was the responsibility \r\nConstitution: (Amendment) Order, 2007 | 165\r\nof the Government of a Province, but which under the \r\nConstitution, has become the responsibility of the Federal \r\nGovernment, shall devolve upon the Federal Government.\r\n275. Continuance in office of persons in service of Pakistan, \r\netc.− (1) Subject to the Constitution and until law is made under \r\nArticle 240 any person who, immediately before the commencing day, \r\nwas in the service of Pakistan shall, as from that day, continue in the \r\nservice of Pakistan on the same terms and conditions as were \r\napplicable to him under the Interim Constitution of the Islamic \r\nRepublic of Pakistan immediately before that day.\r\n(2) Clause (1) shall also apply in relation to a person holding office \r\nimmediately before the commencing day as − \r\n(a) Chief Justice of Pakistan or other Judge of the Supreme \r\nCourt, or Chief Justice or other Judge of a High Court;\r\n(b) Governor of a Province;\r\n(c) Chief Minister of a Province;\r\n(d) Speaker or Deputy Speaker of the National Assembly or a \r\nProvincial Assembly;\r\n(e) Chief Election Commissioner;\r\n(f) Attorney-General for Pakistan or Advocate-General for a \r\nProvince; \r\n(g) Auditor-General of Pakistan.\r\n(3) Notwithstanding anything contained in the Constitution , for a \r\nperiod of six months from the commencing day, a Federal Minister or \r\na Minister of State or the Chief Minister of a Province or a Provincial \r\nMinister may be a person who is not a member of 1[Majlis-e-Shoora \r\n(Parliament)] or, as the case may be, the Provincial Assembly of that \r\nProvince; and such Chief Minister and Provincial Minister shall have \r\nthe right to speak and otherwise take part in the proceedings of the \r\nProvincial Assembly or any committee thereof of which he may be \r\nnamed a member, but shall not by virtue of this clause be entitled to \r\nvote. \r\n(4) Any person who, under this Article, is continued in an office in \r\nrespect of which a form of oath is set out in the Third Schedule shall, \r\nas soon as is practicable after the commencing day, make before the \r\nappropriate person oath in that form.\r\n(5) Subject to the Constitution and law − \r\n1Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution. \r\n166 | Constitution: (Amendment) Order, 2007\r\n(a) all civil, criminal and revenue courts exercising jurisdiction \r\nand functions immediately before the commencing day \r\nshall, as from that day, continue to exercise their respective \r\njurisdictions and functions; and\r\n(b) all authorities and all officers (whether judicial, executive, \r\nrevenue or ministerial) throughout Pakistan exercising \r\nfunctions immediately before the commencing day shall, as \r\nfrom that day, continue to exercise their respective \r\nfunctions.\r\n276. Oath of first President .− Notwithstanding anything contained \r\nin the Constitution, the first President may, in the absence of the Chief \r\nJustice of Pakistan, make the oath referred to in Article 42 before the \r\nSpeaker of the National Assembly.\r\n277. Transitional financial provisions.− (1) The schedule of \r\nauthorized expenditure authenticated by the President for the financial \r\nyear ending on the thirtieth day of June, one thousand nine hundred \r\nand seventy-four, shall continue to remain a valid authority for \r\nexpenditure from the Federal Consolidated Fund for that year.\r\n(2) The President may, in respect of expenditure of the Federal \r\nGovernment for any financial year preceding the financial year \r\ncommencing on the first day of July, one thousand nine hundred and \r\nseventy-three (being expenditure in excess of the authorized \r\nexpenditure for that year), authorize the withdrawal of moneys from \r\nthe Federal Consolidated Fund. \r\n(3) The provisions of clauses (1) and (2) shall apply to and in \r\nrelation to a Province, and for that purpose − \r\n(a) any reference in those provisions to the President shall be \r\nread as a reference to the Governor of the Province;\r\n(b) any reference in those provisions to the Federal \r\nGovernment shall be read as a reference to the \r\nGovernment of the Province; and\r\n(c) any reference in those provisions to the Federal \r\nConsolidated Fund shall read as a reference to the \r\nProvincial Consolidated Fund of the Province.\r\n278. Accounts not audited before commencing day.− The \r\nAuditor-General shall perform the same functions and exercise the \r\nsame powers in relation to accounts which have not been completed \r\nor audited before the commencing day as, by virtue of the \r\nConstitution, he is empowered to perform or exercise in relation to \r\nother accounts, and Article 171 shall, with the necessary \r\nmodifications, apply accordingly.\r\nConstitution: (Amendment) Order, 2007 | 167\r\n279. Continuance of taxes.− Notwithstanding anything contained in \r\nthe Constitution, all taxes and fees levied under any law in force \r\nimmediately before the commencing day shall continue to be levied \r\nuntil they are varied or abolished by Act of the appropriate Legislature.\r\n280. Continuance of Proclamation of Emergency .− The \r\nProclamation of Emergency issued on the twenty-third day of \r\nNovember, one thousand nine hundred and seventy-one, shall be \r\ndeemed to be a Proclamation of Emergency issued under Article 232, \r\nand for the proposes of clause (7) and clause (8) thereof to have been \r\nissued on the commencing day, and any law, rule or order made or \r\npurporting to have been made in pursuance of that Proclamation shall \r\nbe deemed to have been validly made 1[and shall not be called in \r\nquestion in any court on the ground of inconsistency with any of the \r\nrights conferred by Chapter 1 of Part II].\r\n1Added by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s.17 and shall be deemed to have always been so \r\nadded i.e. 14 August 1973 (the date of commencement of the Constitution).\r\n168 | Constitution: (Amendment) Order, 2007\r\n1[ANNEX\r\n(Article 2A)\r\nThe Objectives Resolution\r\n(In the name of Allah, the Beneficent, the Merciful.)\r\nWhereas sovereignty over the entire universe belongs to Allah \r\nAlmighty alone and the authority which He has delegated to the State \r\nof Pakistan, through its people for being exercised within the limits \r\nprescribed by Him is a sacred trust; \r\nThis Constituent Assembly representing the people of Pakistan \r\nresolves to frame a constitution for the sovereign independent State of \r\nPakistan; \r\nWherein the State shall exercise its powers and authority through \r\nthe chosen representatives of the people; \r\nWherein the principles of democracy, freedom, equality, tolerance \r\nand social justice as enunciated by Islam shall be fully observed; \r\nWherein the Muslims shall be enabled to order their lives in the \r\nindividual and collective spheres in accordance with the teachings and \r\nrequirements of Islam as set out in the Holy Quran and the Sunnah; \r\nWherein adequate provision shall be made for the minorities to 2[freely] profess and practise their religions and develop their cultures; \r\nWherein the territories now included in or in accession with \r\nPakistan and such other territories as may hereafter be included in or \r\naccede to Pakistan shall form a Federation wherein the units will be \r\nautonomous with such boundaries and limitations on their powers and \r\nauthority as may be prescribed; \r\nWherein shall be guaranteed fundamental rights including equality \r\nof status, of opportunity and before law, social, economic and political \r\njustice, and freedom of thought, expression, belief, faith, worship and \r\nassociation, subject to law and public morality; \r\nWherein adequate provisions shall be made to safeguard the \r\nlegitimate interests of minorities and backward and depressed \r\nclasses; \r\n1Inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 53: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 99.\r\nConstitution: (Amendment) Order, 2007 | 169\r\nWherein the independence of the Judiciary shall be fully secured; \r\nWherein the integrity of the territories of the Federation, its \r\nindependence and all its rights including its sovereign rights on land, \r\nsea and air shall be safeguarded; \r\nSo that the people of Pakistan may prosper and attain their rightful \r\nand honored place amongst the nations of the World and make their \r\nfull contribution towards international peace and progress and \r\nhappiness of humanity.]\r\n170 | Constitution: (Amendment) Order, 2007\r\n1 First Schedule\r\n[Article 8(3)(b) and (4)]\r\nLaws exempted from the operation \r\nof Article 8 (1) and (2)\r\nPart I\r\nI. President's Orders\r\n1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961). \r\n2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972). \r\nII. Regulations\r\n1. The Land Reforms Regulation, 1972. \r\n2 The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, \r\n1972. \r\n3. The Economic Reforms (Protection of Industries) Regulation, \r\n1972. \r\n4. The Distribution of Property (Chitral) Regulation, 1974 (II of \r\n1974). \r\n5. The Settlement of Disputes of Immovable Property (Chitral) \r\nRegulation, 1974 (III of 1974). \r\n6. The Dir and Swat (Devolution and Distribution of Property and \r\nSettlement of Disputes of Immovable Property) (Amendment) \r\nRegulation, 1975 (II of 1975). \r\n2[7. The Settlement of Disputes of Immovable Property (Chitral) \r\n(Amendment) Regulation, 1976 (II of 1976).]\r\nIII. Federal Acts\r\n1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974). \r\n2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975). \r\n3[3. The Flour Milling Control and Development Act, 1976 (LVII of \r\n1976). \r\n1Substituted by the Constitution (Fourth Amendment) Act, 1975 (LXXI of 1975) ; assented to by \r\nthe President on 21 November 1975; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 25 November 1975, pp. 579-585, s. 12.\r\n2Added by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976); assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 18.\r\n3Added ibid.\r\n[\r\nConstitution: (Amendment) Order, 2007 | 171\r\n4. The Rice Milling Control and Development Act, 1976 (LVIII of \r\n1976). \r\n5. The Cotton Ginning Control and Development Act, 1976 (LIX of \r\n1976).] \r\n 1[6. The Pakistan Army Act, 1952 (XXXIX of 1952).\r\n7. The Pakistan Air Force Act, 1953 (VI of 1953).\r\n8. The Pakistan Navy Ordinance, 1961 (XXXV of 1961).\r\n9. The Protection of Pakistan Act, 2014 (X of 2014).]\r\nIV. Ordinances Promulgated by the President\r\nThe Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), \r\nand the Federal Act enacted to replace the said Ordinance. \r\nV. Provincial Acts\r\n1. The Land Reforms (Baluchistan Amendment) Act, 1974 \r\n(Baluchistan Act XI of 1974). \r\n2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) \r\nAct, 1975 (Baluchistan Act VII of 1975). \r\n2[VI. Provincial Ordinance\r\nThe Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, \r\n1976.]\r\nPart II\r\nI. President's Orders\r\n1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of \r\n1961). \r\n2. The Companies (Managing Agency and Election of Directors) \r\nOrder, 1972 (P.O. No. 2 of 1972). \r\n3. The Co-operative Societies (Reforms) Order, 1972 (P.O. No. 9 of \r\n1972). \r\n4. The Life Insurance (Nationalization) Order, 1972 (P.O. No. 10 of \r\n1972). \r\n5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 \r\nof 1972). \r\n1Added by the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015) ; assented to by the \r\nPresident on 7 January 2015; and, published in the Gazette of Pakistan (Extraordinary), dated: 8 \r\nJanuary 2015, pp.1-3, s. 3: the provision shall remain in force for a period of two years with effect \r\nfrom 8 January 2015, s.1.\r\n2Added by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 18.\r\n172 | Constitution: (Amendment) Order, 2007\r\n6. The Rulers of Acceding States (Abolition of Privy Purses and \r\nPrivileges) Order, 1972 (P.O. No. 15 of 1972). \r\n7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 \r\n(P.O. No. 16 of 1972).\r\n8. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. \r\nNo. 20 of 1972). \r\nII. Regulations\r\n1. Rawalpindi (Requisition of Property) Regulation, 1959. \r\n2. The Pakistan Capital Regulation, 1960. \r\n3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961. \r\n4. The Income Tax (Correction of Returns and False Declaration) \r\nRegulation, 1969. \r\n5. The Improper Acquisition of Property Regulation, 1969. \r\n6. The Removal from Service (Special Provisions) Regulation, 1969. \r\n7. The Living Beyond Ostensible Means (Punishment) Regulation, \r\n1969. \r\n8. The Government Agricultural Land (Recovery of Illegal \r\nPossession) Regulation, 1969. \r\n9. The Enemy Property (Payment of Money Due to Enemy) \r\nRegulation, 1970.\r\n10. The Withdrawal of Currency Notes (High Denomination) \r\nRegulation, 1971. \r\n11. The Price of Evacuee Property and Public Dues (Recovery) \r\nRegulation, 1971. \r\n12. The Peshawar District and Tribal Areas (Settlement of Disputes) \r\nRegulation, 1971. \r\n13. The Convention Muslim League and Awami League (Scrutiny of \r\nFunds) Regulation, 1971. \r\n14. The Foreign Exchange Repatriation Regulation, 1972. \r\n15. The Foreign Assets (Declaration) Regulation, 1972. \r\n16. The Removal from Service (Review Petition) Regulation, 1972. \r\n17. The Privately Managed Schools and Colleges (Taking Over) \r\nRegulation, 1972. \r\n18. The Enemy Property (Revocation of Sales) Regulation, 1972. \r\n19. The Dir and Swat (Devolution and Distribution of Property) \r\nRegulation, 1972. \r\n20. The Dir and Swat (Settlement of Disputes of Immovable Property) \r\nRegulation, 1972.\r\nConstitution: (Amendment) Order, 2007 | 173\r\n21. The West Pakistan Industrial Development Corporation \r\n(Revocation of Sale or Transfer) Regulation, 1972. \r\n22. The National Press Trust (Suspension of Board of Trustees and \r\nDirectors) Regulation, 1972. \r\n23. The Co-operative Banks (Repayment of Loans) (Punjab) \r\nRegulation, 1972. \r\n24. The Co-operative Societies (Repayment of Loans) (Sind) \r\nRegulation, 1972. \r\nIII. Ordinances Promulgated by the President\r\n1. The Control of Shipping Ordinance, 1959 (XIII of 1959). \r\n2. The Jammu and Kashmir (Administration of Property) Ordinance, \r\n1961 (III of 1961). \r\n3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961). \r\n4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of \r\n1961). \r\n5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 \r\n(XX of 1961). \r\n6. The Trade Organisations Ordinance, 1961 (XLV of 1961). \r\nIV. Federal Acts\r\nThe Censorship of Films Act, 1963 (XVIII of 1963). \r\nV. Ordinances Promulgated by the Governor of Former \r\nProvince Of West Pakistan\r\n1. The West Pakistan Government Educational and Training \r\nInstitutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960). \r\n2. The West Pakistan Waqf Properties Ordinance, 1961 (W. P. \r\nOrdinance No. XXVIII of 1961). \r\n3. The Societies Registration (West Pakistan Amendment) \r\nOrdinance, 1962 (W. P. Ordinance No. IX of 1962). \r\n4. The West Pakistan Industries (Control on Establishment and \r\nEnlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963). \r\nVI. Ordinances Promulgated by the Governor of the \r\nNorth-West Frontier Province\r\n1. The North-West Frontier Province Government Educational and \r\nTraining Institutions Ordinance, 1971 (N. W. F. P. Ordinance No. \r\nIII of 1971). \r\n2. The North-West Frontier Province Chashma Right Bank Canal \r\nProject (Control and Prevention of Speculation in Land) \r\nOrdinance, 1971 (N.W.F.P. Ordinance No. V of 1971). \r\n174 | Constitution: (Amendment) Order, 2007\r\n3. The North-West Frontier Province Gomal Zam Project (Control \r\nand Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. \r\nOrdinance No. VIII of 1971).\r\nConstitution: (Amendment) Order, 2007 | 175\r\n1 Second Schedule\r\n[Article 41(3)]\r\nElection of President\r\n1. The 2[Election Commission of Pakistan] shall hold and conduct \r\nelection to the office of President, and 3[Chief Election \r\nCommissioner] shall be the Returning Officer for such election.\r\n2. The 4[Election Commission of Pakistan] shall appoint Presiding \r\nOfficers to preside at the meeting of the members of Majlis-e-\r\nShoora (Parliament) and at the meetings of the members of the \r\nProvincial Assemblies.\r\n3. The Chief Election Commissioner shall by public notification fix the \r\ntime and place for depositing nomination papers, holding a \r\nscrutiny, making withdrawals, if any, and holding the poll, if \r\nnecessary.\r\n4. At any time before noon on the day fixed for nomination any \r\nmember of the Majlis-e-Shoora (Parliament) or of a Provincial \r\nAssembly may nominate for election as President a person \r\nqualified for election as President by delivering to the Presiding \r\nOfficer a nomination paper, signed by himself as proposer and by \r\nanother member of the Majlis-e-Shoora (Parliament) or, as the \r\ncase may be Assembly as seconder, together with a statement \r\nsigned by the person nominated that he consents to the \r\nnomination:\r\nProvided that no person shall subscribe, whether as proposer or \r\nas seconder, more than one nomination paper at any one election.\r\n5. The scrutiny shall be held by the Chief Election Commissioner at \r\nthe time and place fixed by him, and if after scrutiny only one \r\nperson remains validly nominated, the Chief Election \r\nCommissioner shall declare that person to be elected, or if more \r\nthan one person remains validly nominated, he shall announce, by \r\npublic notification, the names of the persons validly nominated, to \r\nbe hereinafter called the candidates.\r\n6. A candidate may withdraw his candidature at any time before noon \r\non the day fixed for this purpose by delivering a notice in writing \r\n1Substituted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article \r\n2 read with the Schedule, item 54: the Order came into force on 2 March 1985 and was saved \r\nunder Article 270A of the Constitution.\r\n2Substituted for the words “Chief Election Commissioner” by the Constitution (Twentieth \r\nAmendment) Act, 2012 (V of 2012); assented to by the President on 28 February 2012; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 10.\r\n3Inserted ibid.\r\n4Substituted ibid, for the words “Chief Election Commissioner”.\r\n[\r\n176 | Constitution: (Amendment) Order, 2007\r\nunder his hand to the Presiding Officer with whom his nomination \r\npaper has been deposited, and a candidate who has given a \r\nnotice of withdrawal of his candidature under this paragraph shall \r\nnot be allowed to cancel that notice.\r\n7. If all but one of the candidates have withdrawn, that one shall be \r\ndeclared by the Chief Election Commissioner to be elected.\r\n8. If there is no withdrawal, or if, after withdrawals have taken place, \r\ntwo or more candidates are left, the Chief Election Commissioner \r\nshall announce by public notification the names of the candidates, \r\nand their proposers and seconders, and shall proceed to hold a \r\npoll by secret ballot in accordance with the provisions of the \r\nsucceeding paragraphs.\r\n9. If a candidate whose nomination has been found to be in order \r\ndies after the time fixed for nomination, and a report of his death is \r\nreceived by the Presiding Officer before the commencement of the \r\npoll, the Presiding Officer shall, upon being satisfied of the fact of \r\nthe death of the candidate, countermand the poll and report the \r\nfact to the Chief Election Commissioner, and all proceedings with \r\nreference to the election shall be commenced anew in all respects \r\nas if for a new election:\r\nProvided that no further nomination shall be necessary in the \r\ncase of a candidate whose nomination was valid at the time of the \r\ncountermanding of the poll:\r\nProvided further that no person who has under paragraph 6 of \r\nthis Schedule given notice of withdrawal of his candidature before \r\nthe countermanding of the poll shall be ineligible for being \r\nnominated as a candidate for the election after such \r\ncountermanding.\r\n10. The poll shall be taken at the meetings of Majlis-e-Shoora \r\n(Parliament) and of each Provincial Assembly, and respective \r\nPresiding Officers shall conduct the poll with the assistance of \r\nsuch officers as they may, with the approval of the Chief Election \r\nCommissioner, respectively appoint.\r\n11. A ballot paper shall be issued to every member of Majlis-e-Shoora \r\n(Parliament), and of each Provincial Assembly, who presents \r\nhimself for voting at the meeting of the members of the Majlis-e-\r\nShoora (Parliament) or, as the case may be of the Provincial \r\nAssembly of which he is a member (hereinafter referred to as a \r\nperson voting), and he shall exercise his vote personally by \r\nmarking the paper in accordance with the provisions of the \r\nsucceeding paragraphs. \r\n12. The poll shall be by secret ballot by means of ballot papers \r\ncontaining the names of all the candidates in alphabetical order \r\nwho have not withdrawn, and a person voting shall vote by placing \r\nConstitution: (Amendment) Order, 2007 | 177\r\na mark against the name of the person for whom he wishes to \r\nvote. \r\n13. Ballot papers shall be issued from a book of ballot papers with \r\ncounterfoils, each counterfoil being numbered; and when a ballot \r\npaper is issued to a person voting his name shall be entered on \r\nthe counterfoil, and the ballot paper shall be authenticated by the \r\ninitials of the Presiding Officer. \r\n14. A ballot paper having been marked by the person voting shall be \r\ndeposited by that person in a ballot box to be placed in front of the \r\nPresiding Officer. \r\n15. If a ballot paper is spoiled by a person voting he may return it to \r\nthe Presiding Officer, who shall issue a second ballot paper, \r\ncanceling the first ballot paper and marking the cancellation on the \r\nappropriate counterfoil. \r\n16. A ballot paper shall be invalid if − \r\n(i) there is upon it any name, word or mark, by which the \r\nperson voting may be identified; or \r\n(ii) it does not contain the initials of the Presiding Officer; or \r\n(iii) it does not contain a mark; or \r\n(iv) a mark is placed against the names of two or more \r\ncandidates; or \r\n(v) there is any uncertainty as to the identity of the candidate \r\nagainst whose name the mark is placed. \r\n17. After the close of the poll each Presiding Officer shall, in the \r\npresence of such of the candidates or their authorized \r\nrepresentatives as may desire to be present, open and empty the \r\nballot boxes and examine the ballot papers therein, rejecting any \r\nwhich are invalid, count the number of votes recorded for each \r\ncandidate on the valid ballot papers, and communicate the number \r\nof the votes so recorded to the Chief Election Commissioner. \r\n18. (1) The Chief Election Commissioner shall determine the result of \r\nthe election in the following manner, namely:− \r\n(a) the number of votes cast in the Majlis-e-Shoora \r\n(Parliament) in favour of each candidate shall be counted; \r\n(b) the number of votes cast in a Provincial Assembly in favour \r\nof each candidate shall be multiplied by the total number of \r\nseats in the Provincial Assembly for the time being having \r\nthe smallest number of seats and divided by the total \r\nnumber of seats in the Provincial Assembly in which the \r\nvotes have been cast; and \r\n178 | Constitution: (Amendment) Order, 2007\r\n(c) the number of votes calculated in the manner referred to in \r\nclause (b) shall be added to the number of votes counted \r\nunder clause (a). \r\nExplanation.− In this paragraph, \"total number of seats\" \r\nincludes seats reserved for non-Muslims and women. \r\n(2) A fraction shall be rounded off to the nearest whole. \r\n19. The candidate who has obtained the largest number of votes \r\ncompiled in the manner specified in paragraph 18 shall be \r\ndeclared by the Chief Election Commissioner to be elected. \r\n20. Where at any poll any two or more candidates obtain an equal \r\nnumber of votes, the selection of the candidate to be elected shall \r\nbe by drawing of lots. \r\n21. When, after any poll, the counting of the votes has been \r\ncompleted, and the result of the voting determined, the Chief \r\nElection Commissioner shall forthwith announce the result to those \r\npresent, and shall report the result to the Federal Government, \r\nwho shall forthwith cause the result to be declared by a public \r\nnotification. \r\n22. The 1[Election Commission of Pakistan] may, by public notification, \r\nwith the approval of the President, make rules for carrying out the \r\npurposes of this Schedule.] \r\n1Substituted for the words “Chief Election Commissioner” by the Constitution (Twentieth \r\nAmendment) Act, 2012 (V of 2012); assented to by the President on 28 February 2012; and, \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 29 February 2012, pp. 93-97, s. 10.\r\nConstitution: (Amendment) Order, 2007 | 179\r\nThird Schedule\r\nOaths of Office\r\nPresident\r\n[Article 42]\r\nI, ____________, do solemnly swear that I am a Muslim and \r\nbelieve in the Unity and Oneness of Almighty Allah, the Books of \r\nAllah, the Holy Quran being the last of them, the Prophethood of \r\nMuhammad (peace be upon him) as the last of the Prophets and that \r\nthere can be no Prophet after him, the Day of Judgment, and all the \r\nrequirements and teachings of the Holy Quran and Sunnah:\r\nThat I will bear true faith and allegiance to Pakistan:\r\nThat, as President of Pakistan, I will discharge my duties, and \r\nperform my functions, honestly, to the best of my ability, faithfully in \r\naccordance with the Constitution of the Islamic Republic of Pakistan \r\nand the law, and always in the interest of the sovereignty, integrity, \r\nsolidarity, well-being and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan:\r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan:\r\nThat, in all circumstances, I will do right to all manner of people, \r\naccording to law, without fear or favour, affection or ill-will: \r\nAnd that I will not directly or indirectly communicate or reveal to \r\nany person any matter which shall be brought under my consideration \r\nor shall become known to me as President of Pakistan, except as may \r\nbe required for the due discharge of my duties as President. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n180 | Constitution: (Amendment) Order, 2007\r\nPrime Minister\r\n[Article 91 ( 1[5])]\r\n \r\n I, ____________, do solemnly swear that l am a Muslim and \r\nbelieve in the Unity and Oneness of Almighty Allah, the Books of \r\nAllah, the Holy Quran being the last of them, the Prophethood of \r\nMuhammad (peace be upon him) as the last of the Prophets and that \r\nthere can be no Prophet after him, the Day of Judgment, and all the \r\nrequirements and teachings of the Holy Quran and Sunnah: \r\nThat I will bear true faith and allegiance to Pakistan:\r\nThat, as Prime Minister of Pakistan, I will discharge my duties, and \r\nperform my functions, honestly, to the best of my ability, faithfully in \r\naccordance with the Constitution of the Islamic Republic of Pakistan \r\nand the law, and always in the interest of the sovereignty, integrity, \r\nsolidarity, well-being and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan:\r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions:\r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nThat, in all circumstances, I will do right to all manner of people, \r\naccording to law, without fear or favour, affection or ill-will:\r\nAnd that I will not directly or indirectly communicate or reveal to \r\nany person any matter which shall be brought under my consideration \r\nor shall become known to me as Prime Minister except as may be \r\nrequired for the due discharge of my duties as Prime Minister. \r\n2[May Allah Almighty help and guide me (A'meen).]\r\n1Substituted for the figure “3” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 100. The original figure of “4” was \r\nsubstituted by virtue of substitution of Article 91 by the Revival of the Constitution of 1973 Order, \r\n1985 (P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 \r\nMarch 1985, pp. 185-227, Article 2 read with the Schedule, item 20: the Order came into force \r\non 2 March 1985 and was saved under Article 270A of the Constitution.\r\n2Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 181\r\nFederal Minister or Minister of State\r\n[Article 92 (2)]\r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as Federal Minister (or Minister of State); I will discharge my \r\nduties, and perform my functions, honestly, to the best of my ability, \r\nfaithfully in accordance with the Constitution of the Islamic Republic of \r\nPakistan and the law, and always in the interest of the sovereignty, \r\nintegrity, solidarity, well-being and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nThat, in all circumstances, I will do right to all manner of people, \r\naccording to law, without fear or favour, affection or ill-will: \r\nAnd that I will not directly or indirectly communicate or reveal to \r\nany person any matter which shall be brought under my consideration \r\nor shall become known to me as Federal Minister (or Minister of \r\nState), except as may be required for the due discharge of my duties \r\nas Federal Minister (or Minister of State), or as may be specially \r\npermitted by the Prime Minister. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n182 | Constitution: (Amendment) Order, 2007\r\nSpeaker of National Assembly \r\nor Chairman of Senate\r\n[Articles 53 (2) and 61] \r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as Speaker of the National Assembly (or Chairman of the \r\nSenate) and whenever I am called upon to act as President of \r\nPakistan, I will discharge my duties, and perform my functions, \r\nhonestly, to the best of my ability, faithfully, in accordance with the \r\nConstitution of the Islamic Republic of Pakistan, the law and as \r\nSpeaker of the National Assembly in accordance with the rules of the \r\nAssembly (or as Chairman of the Senate in accordance with the rules \r\nof the Senate), and always in the interest of the sovereignty, integrity, \r\nsolidarity, well-being and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill- will. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 183\r\nDeputy Speaker of National Assembly\r\nor Deputy Chairman of Senate\r\n[Articles 53(2) and 61]\r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, whenever I am called upon to act as Speaker of the National \r\nAssembly (or Chairman of the Senate), I will discharge my duties and \r\nperform my functions honestly, to the best of my ability, faithfully, in \r\naccordance with the Constitution of the Islamic Republic of Pakistan, \r\nthe law and the rules of the Assembly (or Senate), and always in the \r\ninterest of the sovereignty, integrity, solidarity, well-being and \r\nprosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill-will. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n184 | Constitution: (Amendment) Order, 2007\r\nMember of National Assembly or Member of Senate\r\n[Article 65] \r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat as a member of the National Assembly (or Senate), I will \r\nperform my functions honestly, to the best of my ability, faithfully, in \r\naccordance with the Constitution of the Islamic Republic of Pakistan \r\nand the law, and the rules of the Assembly (or Senate), and always in \r\nthe interest of the sovereignty, integrity, solidarity, well-being and \r\nprosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nAnd that I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 185\r\nGovernor of Province\r\n[Article 102]\r\n \r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as the Governor of the Province of ____________ I will \r\ndischarge my duties, and perform my functions, honestly, to the best \r\nof my ability, faithfully in accordance with the Constitution of the \r\nIslamic Republic of Pakistan and the law, and always in the interest of \r\nthe sovereignty, integrity, solidarity, well-being and prosperity of \r\nPakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nThat, in all circumstances, I will do right to all manner of people, \r\naccording to law, without fear or favour, affection or ill-will: \r\nAnd that I will not directly or indirectly communicate or reveal to \r\nany person any matter which shall be brought under my consideration \r\nor shall become known to me as Governor of the Province of \r\n____________ except as may be required for the due discharge of my \r\nduties as Governor. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n186 | Constitution: (Amendment) Order, 2007\r\nChief Minister or Provincial Minister\r\n[Articles 1[130(5)] and 132( 2)]\r\n \r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as a Chief Minister (or Minister) of the Government of the \r\nProvince of ____________ I will discharge my duties and perform my \r\nfunctions honestly, to the best of my ability, faithfully in accordance \r\nwith the Constitution of the Islamic Republic of Pakistan and the law, \r\nand always in the interest of the sovereignty, integrity, solidarity, well-\r\nbeing and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nThat, in all circumstances, I will do right to all manner of people, \r\naccording to law, without fear or favour, affection or ill-will: \r\nAnd that I will not directly or indirectly communicate or reveal to \r\nany person any matter which shall be brought under my consideration \r\nor shall become known to me as Chief Minister (or Minister) except as \r\nmay be required for the due discharge of my duties as Chief Minister \r\n(or Minister or as may be specially permitted by the Chief Minister). \r\n2[May Allah Almighty help and guide me (A'meen).]\r\n1Substituted for the figures and brackets “131(4)” by the Constitution (Eighteenth Amendment) \r\nAct, 2010 (X of 2010) ; assented to by the President on 19 April 2010; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 100.\r\n2Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 187\r\nSpeaker of a Provincial Assembly\r\n[Articles 53( 2) and 127]\r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as Speaker of the Provincial Assembly of the Province of \r\n____________, 1[and whenever I am called upon to act as Governor, I \r\nwill discharge] my duties, and perform my functions, honestly, to the \r\nbest of my ability, faithfully in accordance with the Constitution of the \r\nIslamic Republic of Pakistan, the law and the rules of the Assembly, \r\nand always in the interest of the sovereignty, integrity, solidarity, well-\r\nbeing and prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill-will. \r\n2[May Allah Almighty help and guide me (A'meen).]\r\n1Substituted for the words “I will discharge” by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010); assented to by the President on 19 April 2010; and, published in the Gazette \r\nof Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 100.\r\n2Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n188 | Constitution: (Amendment) Order, 2007\r\nDeputy Speaker of a Provincial Assembly\r\n[Articles 53( 2) and 127]\r\n \r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, whenever I am called upon to act as Speaker of the \r\nProvincial Assembly of the Province of ____________, I will discharge \r\nmy duties, and perform my functions, honestly, to the best of my \r\nability, faithfully in accordance with the Constitution of the Islamic \r\nRepublic of Pakistan, the law and the rules of the Assembly, and \r\nalways in the interest of the sovereignty, integrity, solidarity, well-being \r\nand prosperity of Pakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill-will. \r\n1[May Allah Almighty help and guide me (A'meen).] \r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 189\r\nMember of a Provincial Assembly\r\n[Articles 65 and 127]\r\n I, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as a member of the Provincial Assembly of ____________, I \r\nwill perform my functions honestly, to the best of my ability, faithfully in \r\naccordance with the Constitution of the Islamic Republic of Pakistan, \r\nthe law and the rules of the Assembly, and always in the interest of \r\nthe sovereignty, integrity, solidarity, well-being and prosperity of \r\nPakistan: \r\nThat I will strive to preserve the Islamic Ideology which is the basis \r\nfor the creation of Pakistan: \r\nAnd that I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan:\r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n190 | Constitution: (Amendment) Order, 2007\r\nAuditor-General of Pakistan\r\n[Article 168 (2)]\r\n \r\nI, _________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan: \r\nThat, as Auditor-General of Pakistan, I will discharge my duties \r\nand perform my functions honestly, faithfully in accordance with the \r\nConstitution of the Islamic Republic of Pakistan and the law and to the \r\nbest of my knowledge, ability and judgment, without fear or favour, \r\naffection or ill- will, and that I will not allow my personal interest to \r\ninfluence my official conduct or my official decisions. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 191\r\nChief Justice of Pakistan or of a High Court or \r\nJudge of the Supreme Court or a High Court\r\n[Articles 178 and 194]\r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan:\r\nThat, as Chief Justice of Pakistan (or a Judge of the Supreme \r\nCourt of Pakistan or Chief Justice or a Judge of the High Court for the \r\nProvince or Provinces of ____________) I will discharge my duties, \r\nand perform my functions, honestly, to the best of my ability and \r\nfaithfully in accordance with the Constitution of the Islamic Republic of \r\nPakistan and the law: \r\nThat I will abide by the code of conduct issued by the Supreme \r\nJudicial Council: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favor, affection or ill-will. \r\n1[May Allah Almighty help and guide me (A'meen).] \r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n192 | Constitution: (Amendment) Order, 2007\r\n1[Chief Justice \r\nor Judge of the Federal Shariat Court\r\n[Article 203C (7)]\r\n(In the name of Allah, the most Beneficent, the most Merciful.)\r\nI, _________________________, do solemnly swear that I will \r\nbear true faith and allegiance to Pakistan: \r\nThat, as Chief Justice of the Federal Shariat Court (or a Judge of \r\nthe Federal Shariat Court), I will discharge my duties, and perform my \r\nfunctions, honestly, to the best of my ability, and faithfully, in \r\naccordance with the Constitution of the Islamic Republic of Pakistan \r\nand the law: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions. \r\nThat I will abide by the code of conduct issued by the Supreme \r\nJudicial Council: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill-will. \r\n2[May Allah Almighty help and guide me (A'meen).] \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 100. It was earlier inserted by the Constitution (Amendment) \r\nOrder, 1980 (P. O. No. 1 of 1980), issued by the President on 26 May 1980 and was published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 27 May 1980, pp. 59-64, Article 4: the Order was \r\nsaved under Article 270A of the Constitution.\r\n2Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 193\r\nChief Election Commissioner 1[or a Member of \r\nthe Election Commission of Pakistan]\r\n[Article 214]\r\nI, ____________, do solemnly swear that as Chief Election \r\nCommissioner 2[or, as the case may be, member of the Election \r\nCommission of Pakistan] I will discharge my duties, and perform my \r\nfunctions, honestly, to the best of my ability, faithfully in accordance \r\nwith the Constitution of the Islamic Republic of Pakistan and the law, \r\nand without fear or favour, affection or ill-will, and that I will not allow \r\nmy personal interest to influence my official conduct or my official \r\ndecisions. \r\n3[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012) ; assented to by the \r\nPresident on 28 February 2012; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n29 February 2012, pp. 93-97, s. 11.\r\n2Added ibid.\r\n3Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\n194 | Constitution: (Amendment) Order, 2007\r\nMembers of the Armed Forces\r\n[Article 244]\r\nI, ____________, do solemnly swear that I will bear true faith and \r\nallegiance to Pakistan and uphold the Constitution of the Islamic \r\nRepublic of Pakistan which embodies the will of the people, that I will \r\nnot engage myself in any political activities whatsoever and that I will \r\nhonestly and faithfully serve Pakistan in the Pakistan Army (or Navy or \r\nAir Force) as required by and under the law. \r\n1[May Allah Almighty help and guide me (A'meen).]\r\n1Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp. 185-227, Article 2 read \r\nwith the Schedule, item 55: the Order came into force on 2 March 1985 and was saved under \r\nArticle 270A of the Constitution.\r\nConstitution: (Amendment) Order, 2007 | 195\r\nFourth Schedule\r\n[Article 70(41)]\r\nLegislative Lists\r\nFederal Legislative List\r\nPart I\r\n1. The defence of the Federation or any part thereof in peace or war; \r\nthe military, naval and air forces of the Federation and any other \r\narmed forces raised or maintained by the Federation; any armed \r\nforces which are not forces of the Federation but are attached to \r\nor operating with any of the Armed Forces of the Federation \r\nincluding civil armed forces; Federal intelligence bureau; \r\npreventive detention for reasons of State connected with defence, \r\nexternal affairs, or the security of Pakistan or any part thereof; \r\npersons subjected to such detention; industries declared by \r\nFederal law to be necessary for the purpose of defence or for the \r\nprosecution of war. \r\n2. Military, naval and air force works; local self-government in \r\ncantonment areas, the constitution and powers within such areas \r\nof cantonment authorities, the regulation of house accommodation \r\nin such areas, and the delimitation of such areas. \r\n3. External affairs; the implementing of treaties and agreements, \r\nincluding educational and cultural pacts and agreements, with \r\nother countries; extradition, including the surrender of criminals \r\nand accused persons to Governments outside Pakistan. \r\n4. Nationality, citizenship and naturalisation. \r\n5. Migration from or into, or settlement in, a Province or the Federal \r\nCapital. \r\n6. Admission into, and emigration and expulsion from, Pakistan, \r\nincluding in relation thereto the regulation of the movements in \r\nPakistan of persons not domiciled in Pakistan; pilgrimages to \r\nplaces beyond Pakistan. \r\n7. Posts and telegraphs, including telephones, wireless, broadcasting \r\nand other like forms of communications; Post Office Saving Bank. \r\n8. Currency, coinage and legal tender. \r\n1The original figure “6” shall be read as the figure “4” as a consequence of substitution of Article \r\n70 by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 23(4).\r\n196 | Constitution: (Amendment) Order, 2007\r\n9. Foreign exchange; cheques, bills of exchange, promissory notes \r\nand other like instruments. \r\n10. Public debt of the Federation, including the borrowing of money on \r\nthe security of the Federal Consolidated Fund; foreign loans and \r\nforeign aid. \r\n11. Federal Public Services and Federal Public Service Commission. \r\n12. Federal Pensions, that is to say, pensions payable by the \r\nFederation or out of the Federal Consolidated Fund. \r\n13. Federal Ombudsmen. \r\n14. Administrative Courts and Tribunals for Federal subjects. \r\n15. Libraries, museums, and similar institutions controlled or financed \r\nby the Federation. \r\n16. Federal agencies and institutes for the following purposes, that is \r\nto say, for research, for professional or technical training, or for \r\nthe promotion of special studies. \r\n17. Education as respects Pakistani students in foreign countries and \r\nforeign students in Pakistan. \r\n18. Nuclear energy, including − \r\n(a) mineral resources necessary for the generation of nuclear \r\nenergy; \r\n(b) the production of nuclear fuels and the generation and use of \r\nnuclear energy; and \r\n(c) ionizing radiations 1[; and]\r\n 2[(d) boilers.]\r\n19. Port quarantine, seamen's and marine hospitals and hospitals \r\nconnected with port quarantine. \r\n20. Maritime shipping and navigation, including shipping and \r\nnavigation on tidal waters; Admiralty jurisdiction. \r\n 3[21. * * * * * * ]\r\n22. Aircraft and air navigation; the provision of aerodromes; regulation \r\nand organisation of air traffic and of aerodromes. \r\n23. Lighthouses, including lightships, beacons and other provisions for \r\nthe safety of shipping and aircraft. \r\n1Substituted for the “full-stop” by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010); \r\nassented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.\r\n2Added ibid.\r\n3The entry “Major ports, that is to say, the declaration and delimitation of such ports, and the \r\nconstitution and powers of port authorities therein.” was omitted ibid. \r\nConstitution: (Amendment) Order, 2007 | 197\r\n24. Carriage of passengers and goods by sea or by air. \r\n25. Copyright, inventions, designs, trade-marks and merchandise \r\nmarks. \r\n26. Opium so far as regards sale for export. \r\n27. Import and export across customs frontiers as defined by the \r\nFederal Government, inter-provincial trade and commerce, trade \r\nand commerce with foreign countries; standard of quality of goods \r\nto be exported out of Pakistan. \r\n28. State Bank of Pakistan; banking, that is to say, the conduct of \r\nbanking business by corporations other than corporations owned \r\nor controlled by a Province and carrying on business only within \r\nthat Province. \r\n29. The law of insurance, except as respects insurance undertaken by \r\na Province, and the regulation of the conduct of insurance \r\nbusiness, except as respects business undertaken by a Province; \r\nGovernment insurance, except so far as undertaken by a Province \r\nby virtue of any matter within the legislative competence of the \r\nProvincial Assembly. \r\n30. Stock exchanges and futures markets with objects and business \r\nnot confined to one Province. \r\n31. Corporations, that is to say, the incorporation, regulation and \r\nwinding-up of trading corporations, including banking, insurance \r\nand financial corporations, but not including corporations owned or \r\ncontrolled by a Province and carrying on business only within that \r\nProvince, or co-operative societies, and of corporations, whether \r\ntrading or not, with objects not confined to a Province, but not \r\nincluding universities. \r\n1[32.International treaties, conventions and agreements and \r\nInternational arbitration.]\r\n 2[33. * * * * * * * ] \r\n34. National highways and strategic roads. \r\n35. Federal surveys including geological surveys and Federal \r\nmeteorological organisations. \r\n36. Fishing and fisheries beyond territorial waters. \r\n37. Works, lands and buildings vested in, or in the possession of \r\nGovernment for the purposes of the Federation (not being military, \r\n1Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by \r\nthe President on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n20 April 2010, pp. 267-316, s. 101.\r\n2The entry “State lotteries.” was omitted ibid.\r\n198 | Constitution: (Amendment) Order, 2007\r\nnaval or air force works), but, as regards property situate in a \r\nProvince, subject always to Provincial legislation, save in so far as \r\nFederal law otherwise provides. \r\n 1[38. * * * * * * * ] \r\n39. Establishment of standards of weights and measures. \r\n 2[40. * * * * * * * ]\r\n41. Elections to the office of President, to the National Assembly, the \r\nSenate and the Provincial Assemblies; Chief Election \r\nCommissioner and Election Commissions. \r\n42. The salaries, allowances and privileges of the President, Speaker \r\nand Deputy Speaker of the National Assembly, Chairman and \r\nDeputy Chairman of the Senate, Prime Minister, Federal Ministers, \r\nMinisters of State, the salaries, allowances and privileges of the \r\nmembers of the Senate and the National Assembly; and the \r\npunishment of persons who refuse to give evidence or produce \r\ndocuments before committees thereof. \r\n43. Duties of customs, including export duties. \r\n44. Duties of exercise, including duties on salt, but not including duties \r\non alcoholic liquors, opium and other narcotics. \r\n 3[45. * * * * * * * ]\r\n 4[46. * * * * * * * ]\r\n \r\n47. Taxes on income other than agricultural income. \r\n48. Taxes on corporations. \r\n1The entry “Census” was omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010); assented to by the President on 19 April 2010; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.\r\n2The entry “Extension of the powers and jurisdiction of members of a police force belonging to \r\nany Province to any area in another Province, but not so as to enable the police of one Province \r\nto exercise powers and jurisdiction in another Province without the consent of the Government of \r\nthat Province; extension of the powers and jurisdiction of members of a police force belonging to \r\nany Province to railway areas outside Province.” was omitted ibid.\r\n3The entry “Duties in respect of succession to property.” was omitted ibid.\r\n4The entry “Estate duty in respect of property.” was omitted ibid.\r\nConstitution: (Amendment) Order, 2007 | 199\r\n1[49.Taxes on the sales and purchases of goods imported, exported, \r\nproduced, manufactured or consumed 2[, except sales tax on \r\nservices].] \r\n50. Taxes on the capital value of the assets, not including taxes 3[* *] \r\non immovable property. \r\n51. Taxes on mineral oil, natural gas and minerals for use in \r\ngeneration of nuclear energy. \r\n52. Taxes and duties on the production capacity of any plant, \r\nmachinery, undertaking, establishment or installation in lieu of the \r\ntaxes and duties specified in entries 44, 47, 48, and 49 or in lieu of \r\nany one or more of them. \r\n53. Terminal taxes on goods or passengers carried by railway, sea or \r\nair; taxes on their fares and freights. \r\n54. Fees in respect of any of the matters in this Part, but not including \r\nfees taken in any court. \r\n55. Jurisdiction and powers of all courts, except the Supreme Court, \r\nwith respect to any of the matters in this List and, to such extent as \r\nis expressly authorised by or under the Constitution, the \r\nenlargement of the jurisdiction of the Supreme Court, and the \r\nconferring thereon of supplemental powers. \r\n56. Offences against laws with respect to any of the matters in this \r\nPart. \r\n57. Inquiries and statistics for the purposes of any of the matters in \r\nthis Part. \r\n58. Matters which under the Constitution are within the legislative \r\ncompetence of 4[Majlis-e-Shoora (Parliament)] or relate to the \r\nFederation. \r\n59. Matters incidental or ancillary to any matter enumerate in this Part. \r\n1Substituted by the Constitution (Fifth Amendment) Act, 1976 (LXII of 1976) ; assented to by the \r\nPresident on 13 September 1976; and, published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 September 1976, pp. 511-515, s. 19.\r\n2Added by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 101.\r\n3The words “on capital gains” were omitted ibid.\r\n4Substituted for the word “Parliament” by the Revival of the Constitution of 1973 Order, 1985 \r\n(P.O. No. 14 of 1985), published in the Gazette of Pakistan (Extraordinary), dated: 17 March \r\n1985, pp. 185-227, Article 2 read with the Schedule, item 1: the Order came into force on 2 \r\nMarch 1985 and was saved under Article 270A of the Constitution.\r\n200 | Constitution: (Amendment) Order, 2007\r\nPart II\r\n1. Railways. \r\n2. Mineral oil and natural gas; liquids and substances declared by \r\nFederal law to be dangerously inflammable. \r\n3. Development of industries, where development under Federal \r\ncontrol is declared by Federal law to be expedient in the public \r\ninterest; institutions, establishments, bodies and corporations \r\nadministered or managed by the Federal Government immediately \r\nbefore the commencing day, including the 1[Pakistan Water and \r\nPower Development Authority and the Pakistan Industrial \r\nDevelopment Corporation]; all undertakings, projects and schemes \r\nof such institutions, establishments, bodies and corporations, \r\nindustries, projects and undertakings owned wholly or partially by \r\nthe Federation or by a corporation set up by the Federation. \r\n 2[4. Electricity.\r\n5. Major ports, that is to say, the declaration and delimitation of such \r\nports, and the constitution and powers of port authorities therein. \r\n6. All regulatory authorities established under a Federal law. \r\n7. National planning and national economic coordination including \r\nplanning and coordination of scientific and technological research. \r\n8. Supervision and management of public debt. \r\n9. Census. \r\n10. Extension of the powers and jurisdiction of members of a police \r\nforce belonging to any Province to any area in another Province, \r\nbut not so as to enable the police of one Province to exercise \r\npowers and jurisdiction in another Province without the consent of \r\nthe Government of that Province; extension of the powers and \r\njurisdiction of members of a police force belonging to any Province \r\nto railway areas outside that Province. \r\n11. Legal, medical and other professions.\r\n12. Standards in institutions for higher education and research, \r\nscientific and technical institutions. \r\n13. Inter-provincial matters and co-ordination.]\r\n1Substituted for the words “West Pakistan Water and Power Development Authority and the \r\nWest Pakistan Industrial Development Corporation” by the Constitution (Fifth Amendment) Act, \r\n1976 (LXII of 1976); assented to by the President on 13 September 1976; and, published in the \r\nGazette of Pakistan (Extraordinary), dated: 15 September 1976, pp. 511-515, s. 19.\r\n2Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 101.\r\nConstitution: (Amendment) Order, 2007 | 201\r\n 3[14.] Council of Common Interests. \r\n2[15.] Fees in respect of any of the matters in this Part but not including \r\nfees taken in any court. \r\n3[16.] Offences against laws with respect to any of the matters in this \r\nPart. \r\n4[17.] Inquiries and statistics for the purposes of any of the matters in \r\nthis Part. \r\n5[18.] Matters incidental or ancillary to any matter enumerated in this \r\nPart. \r\n6[Concurrent Legislative List * * ] \r\n3The existing entry “(4)” was renumbered by the Constitution (Eighteenth Amendment) Act, 2010 \r\n(X of 2010) ; assented to by the President on 19 April 2010; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 101.\r\n2The existing entry “(5)” was renumbered ibid.\r\n3The existing entry “(6)” was renumbered ibid.\r\n4The existing entry “(7)” was renumbered ibid.\r\n5The existing entry “(8)” was renumbered ibid.\r\n6Omitted ibid.\r\n202 | Constitution: (Amendment) Order, 2007\r\nFifth Schedule\r\n[Article 205]\r\nRemuneration and Terms and Conditions of Service of \r\nJudges\r\nThe Supreme Court\r\n1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 1\r\n[9,900] per mensem, and to every other Judge of the Supreme \r\nCourt a salary of Rs. 2[9,500] per mensem 3[, or such higher salary \r\nas the President may, from time to time, determine4]. \r\n2. Every Judge of the Supreme Court shall be entitled to such \r\nprivileges and allowances, and to such rights in respect of leave of \r\nabsence and pension , as may be determined by the President, \r\nand until so determined, to the privileges, allowances and rights to \r\nwhich, immediately before the commencing day, the Judges of the \r\nSupreme Court of Pakistan were entitled. \r\n5[3. The pension payable to a retired Judge of the Supreme Court per \r\nmensem shall not be less or more than the amount specified in \r\n1Substituted for the figure “7,900” by the Constitution (Twelfth Amendment) Act, 1991 (XIV of \r\n1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “6,500” \r\nwas substituted as “7,900” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article \r\n2: it came into force on 1 July 1983. Earlier, the figure “5,500” was replaced by the figure “6,500” \r\nby the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 November 1981, p. 513, Article 2. The \r\namendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order, \r\n1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25 \r\nNovember 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the \r\nConstitution. \r\n2Substituted for the figure “7,400” by the Constitution (Twelfth Amendment) Act, 1991 (XIV of \r\n1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “6,000” \r\nwas substituted as “7,400” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article \r\n2: it came into force on 1 July 1983. Earlier, the figure “5,100” was replaced by the figure “6,000” \r\nby the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 November 1981, p. 513, Article 2. The \r\namendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order, \r\n1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25 \r\nNovember 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the \r\nConstitution. \r\n3Added by the Constitution (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by the \r\nPresident on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: 28 \r\nJuly 1991, pp. 351-354, s. 3.\r\n4The salary of the Judges of the Superior Courts was last revised vide President’s Order No.2 of \r\n2015 with effect from 1 day of July 2014: the present salary of Chief Justice of Pakistan is \r\nRs.650,816 and of the Judge of the Supreme Court, Rs.614,798 per month. \r\n5Substituted by the Constitution (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by \r\nthe President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n28 July 1991, pp. 351-354, s.3.\r\nConstitution: (Amendment) Order, 2007 | 203\r\nthe table below, depending on the length of his service as Judge \r\nin that Court or a High Court: \r\nProvided that the President may, from time to time, raise the \r\nminimum or maximum amount of pension so specified:-\r\nJudge Minimum amount Maximum amount\r\nChief Justice\r\nOther Judge\r\nRs. 7,000\r\nRs. 6,250\r\nRs. 8,000\r\nRs. 7,125]\r\n1[4. The widow of a Judge of the Supreme Court shall be entitled to a \r\npension at the following rates, namely:− \r\n(a) if the Judge dies after retirement − 50 per cent of the net \r\npension payable to him; or \r\n(b) if the Judge dies after having rendered not less than three \r\nyears’ service as Judge and while still serving as such − 50 per \r\ncent of the pension admissible to him at the minimum rate.\r\n5. The pension shall be payable to the widow for life or, if she \r\nremarries, until her marriage. \r\n6. If the widow dies, the pension shall be payable − \r\n(a) to the sons of the Judge who are less than twenty-one years of \r\nage, until they attain that age; and \r\n(b) to the unmarried daughters of the Judge who are less than \r\ntwenty-one years of age, until they attain that age or are \r\nmarried, whichever first occurs.]\r\nThe High Court\r\n1. There shall be paid to the Chief Justice of a High Court a salary of \r\nRs. 2[9,400] per mensem, and to every other Judge of a High Court \r\n1Added by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article 2: it came into \r\nforce on 1 July 1981.\r\n2Substituted for the figure “7,200” by the Constitution (Twelfth Amendment) Act, 1991 (XIV of \r\n1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “5,800” \r\nwas substituted as “7,200” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article \r\n2: it came into force on 1 July 1983. Earlier, the figure “5,000” was replaced by the figure “5,800” \r\nby the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 November 1981, p. 513, Article 2. The \r\namendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order, \r\n1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25 \r\nNovember 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the \r\nConstitution. \r\n204 | Constitution: (Amendment) Order, 2007\r\na salary of Rs. 1[8,400] per mensem 2[,or such higher salary as the \r\nPresident may, from time to time, determine3]. \r\n2. Every Judge of a High Court shall be entitled to such privileges \r\nand allowances, and to such rights in respect of leave of absence \r\nand pension, as may be determined by the President, and until so \r\ndetermined, to the privileges, allowances and rights to which, \r\nimmediately before the commencing day, the Judges of the High \r\nCourt were entitled. \r\n4[3. The pension payable per mensem to a Judge of a High Court who \r\nretires after having put in not less than five years service as such \r\nJudge shall not be less or more than the amount specified in the \r\ntable below, depending on the length of his service as Judge and \r\ntotal service, if any, in the service of Pakistan: \r\nProvided that the President may, from time to time, raise the \r\nminimum or maximum amount of pension so specified:−\r\nJudge Minimum amount Maximum amount\r\nChief Justice\r\nOther Judge\r\nRs. 5,640\r\nRs. 5,040\r\nRs. 7,050\r\nRs. 6,300]\r\n5[4. The widow of a Judge of the High Court shall be entitled to a \r\npension at the following rates, namely:− \r\n(a) If the Judge dies after retirement − 50 per cent of the net \r\npension payable to him; or \r\n1Substituted for the figure “6,500” by the Constitution (Twelfth Amendment) Act, 1991 (XIV of \r\n1991); assented to by the President on 27 July 1991; and, published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 July 1991, pp. 351-354, s.3. Before that amendment, the figure “5,000” \r\nwas substituted as “6,500” by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article \r\n2: it came into force on 1 July 1983. Earlier, the figure “4,000” was replaced by the figure “5,000” \r\nby the Constitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 November 1981, p. 513, Article 2. The \r\namendment was given effect from 1st July 1981 under the Constitution (Fifth Amendment) Order, \r\n1981 (P. O. No. 14 of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 25 \r\nNovember 1981, p. 515, Article 2: All the three Orders were saved under Article 270A of the \r\nConstitution. \r\n2Added ibid.\r\n3The salary of the Judges of the Superior Courts was last revised vide President’s Order No.2 of \r\n2015 with effect from 1 day of July 2014: the present salary of Chief Justice of a High Court is \r\nRs.603,196 and, of a Judge of a High Court, Rs.579,997 per month.\r\n4Substituted by the Constitution (Twelfth Amendment) Act, 1991 (XIV of 1991); assented to by \r\nthe President on 27 July 1991; and, published in the Gazette of Pakistan (Extraordinary), dated: \r\n28 July 1991, pp. 351-354, s. 3.\r\n5Added by the Constitution (Amendment) Order, 1985 (P.O.No.6 of 1985), published in the \r\nGazette of Pakistan (Extraordinary), dated: 17 January 1985, pp. 37-39, Article 2: it came into \r\nforce on 1 July 1981. The Order was saved under Article 270A of the Constitution. \r\nConstitution: (Amendment) Order, 2007 | 205\r\n(b) if the Judge dies after having rendered not less than five years’ \r\nservice as Judge and while still serving as such − 50 per cent \r\nof the pension admissible to him at the minimum rate.\r\n5. The pension shall be payable to the widow for life, or, if she \r\nremarries, until her marriage. \r\n6. If the widow dies, the pension shall be payable −\r\n(a) to the sons of the Judge who are less than twenty-one years of \r\nage, until they attain that age; and \r\n(b) to the unmarried daughters of the Judge who are less than \r\ntwenty-one years of age, until they attain that age or are \r\nmarried, whichever first occurs.]\r\n1[Sixth Schedule * * * * * ]\r\n2[Seventh Schedule * * * * ]\r\n1Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010) ; assented to by the \r\nPresident on 19 April 2010; and, published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 102.\r\n2Omitted ibid. It was earlier added by the Constitution (Eighth Amendment) Act, 1985 (XVIII of \r\n1985); assented to by the President on 9 November 1985; and, published in the Gazette of \r\nPakistan (Extraordinary), dated: 11 November 1985, pp. 403-410, s. 20: the Order was saved \r\nunder Article 270A of the Constitution. \r\n206 | Constitution: (Amendment) Order, 2007\r\nAmendments\r\n• Acts\r\n• Orders\r\nConstitution: (Amendment) Order, 2007 | 207\r\n1The Constitution\r\n(First Amendment) Act, 1974\r\n(XXXIII of 1974)\r\n[8 May 1974]\r\nAn\r\nAct\r\nto amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient to amend the Constitution of the Islamic \r\nRepublic of Pakistan for the purposes hereinafter appearing; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (First Amendment) Act, 1974.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 1 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 1, for clauses (2), (3) and (4) the \r\nfollowing shall be substituted, namely:− \r\n“(2) The territories of Pakistan shall comprise −\r\n(a) the Provinces of Baluchistan, the North-West Frontier, the \r\nPunjab and Sind;\r\n(b) the Islamabad Capital Territory, hereinafter referred to as \r\nthe Federal Capital;\r\n(c) the Federally Administered Tribal Areas; and\r\n(d) such States and territories as are or may be included in \r\nPakistan, whether by accession or otherwise.\r\n(3) Parliament may by law admit into the Federation new States or \r\nareas on such terms and conditions as it thinks fit.\".\r\n3. Amendment of Article 8 of the Constitution .− In the \r\nConstitution, in Article 8, in clause (3), in paragraph (b), after the word \r\n\"day\" at the end, the words \"or as amended by any of the laws \r\nspecified in that Schedule\" shall be added.\r\n4. Amendment of Article 17 of the Constitution .− In the \r\nConstitution, in Article 17, for clause (2), the following shall be \r\nsubstituted, namely:−\r\n1This Act received the assent of the President on 4 May 1974; and, was published in the Gazette \r\nof Pakistan (Extraordinary), Part I, dated: 8 May 1974, pp.179-182. \r\n208 | Constitution: (Amendment) Order, 2007\r\n“(2) Every citizen, not being in the service of \r\nPakistan, shall have the right to form or be a member of \r\na political party, subject to any reasonable restrictions \r\nimposed by law in the interest of the sovereignty or \r\nintegrity of Pakistan and such law shall provide that \r\nwhere the Federal Government declares that any political \r\nparty has been formed or is operating in a manner \r\nprejudicial to the sovereignty or integrity of Pakistan, the \r\nFederal Government shall, within fifteen days of such \r\ndeclaration , refer the matter to the Supreme Court \r\nwhose decision on such reference shall be final. \r\n(3) Every political party shall account for the source \r\nof its funds in accordance with law.”.\r\n5. Amendment of Article 61 of the Constitution .− In the \r\nConstitution, in Article 61, after the words \"Deputy Chairman\" at the \r\nend, the words, commas, brackets and figures \"and as if, in the \r\nproviso to the said clause (2) of Article 54, for the words \"one hundred \r\nand thirty\" the word \"ninety\" were substituted\" shall be added.\r\n6. Amendment of Article 101 of the Constitution .− In the \r\nConstitution, in Article 101, in clause (3), after the word \"President\" at \r\nthe end, the words and comma \" and shall be entitled to such salary, \r\nallowances and privileges as the President may determine\" shall be \r\nadded.\r\n7. Amendment of Article 127 of the Constitution .− In the \r\nConstitution, in Article 127,− \r\n(a) in paragraph (e), the word \"and\" at the end shall be \r\nomitted; \r\n(b) in paragraph (f), for the full stop at the end the semi-colon \r\nand word \"; and\" shall be substituted; and \r\n(c) after paragraph (f) amended as aforesaid, the following \r\nnew paragraph shall be added, namely:− \r\n\"(g) the said clause (2) of Article 54 shall have effect as if, \r\nin the proviso thereto, for the words \"one hundred and \r\nthirty\" the word \"seventy\" were substituted.\". \r\n8. Amendment of Article 193 of the Constitution .− In the \r\nConstitution, in Article 193, in clause (2), after paragraph (c), the \r\nfollowing Explanation shall be added, namely:−\r\n“Explanation.− In computing the period during which a \r\nperson has been an advocate of a High court or held judicial \r\noffice, there shall be included any period during which he has \r\nConstitution: (Amendment) Order, 2007 | 209\r\nheld judicial office after he became an advocate or, as the \r\ncase may be, the period during which he has been an \r\nadvocate after having held judicial office.\". \r\n9. Amendment of Article 199 of the Constitution .− In the \r\nConstitution, in Article 199, for clause (3) the following shall be \r\nsubstituted, namely:− \r\n“(3) An order shall not be made under clause (1) on \r\napplication made by or in relation to a person who is a member \r\nof the Armed Forces of Pakistan, or who is for the time being \r\nsubject to any law relating to any of those Forces, in respect of \r\nhis terms and conditions of service, in respect of any matter \r\narising out of his service, or in respect of any action taken in \r\nrelation to him as a member of the Armed Forces of Pakistan \r\nor as a person subject to such law.\".\r\n10.Amendment of Article 200 of the Constitution .− In the \r\nConstitution, in Article 200, after clause (2), the following new clause \r\nshall be added, namely:− \r\n“(3) If any time it is necessary for any reason to increase \r\ntemporarily the number of Judges of a High Court, the Chief \r\nJustice of that High Court may require a Judge of any other \r\nHigh Court to attend sittings of the former High Court for such \r\nperiod as may be necessary and, while so attending the \r\nsittings of the High Court, the Judge shall have the same \r\npower and jurisdiction as a Judge of that High Court: \r\nProvided that a Judge shall not be so required except with \r\nhis consent and the approval of the President and after \r\nconsultation with the Chief Justice of Pakistan and the Chief \r\nJustice of the High Court of which he is a Judge.\". \r\n11.Amendment of Article 209 of the Constitution .− In the \r\nConstitution, in Article 209, in clause (2), in the Explanation, after the \r\nwords \"Chief Justice\", the words \"otherwise than as acting Chief \r\nJustice\" shall be inserted.\r\n12.Amendment of Article 212 of the Constitution .− In the \r\nConstitution, in Article 212,− \r\n(a) in clause (1),−\r\n(i) for the word \"establish\" the words \"provide for the \r\nestablishment of\" shall be substituted and shall be \r\ndeemed always to have been so substituted; and \r\n210 | Constitution: (Amendment) Order, 2007\r\n(ii) in paragraph (a), after the word \"persons\", the words \r\n\"who are or have been\" shall be inserted and shall be \r\ndeemed always to have been so inserted; and \r\n(b) in clause (2) after the words \"Tribunal extends\", the \r\nfollowing words shall be inserted and shall be deemed \r\nalways to have been so inserted, namely:− \r\n“and all proceedings in respect of any such matter \r\nwhich may be pending before such other Court \r\nimmediately before the establishment of the \r\nAdministrative Court or Tribunal shall abate on such \r\nestablishment\". \r\n13.Amendment of Article 250 of the Constitution .− In the \r\nConstitution, in Article 250, in clauses (1) and (2), the words and \r\ncomma \"a Governor ,\" , wherever occurring, shall be omitted.\r\n14.Amendment of Article 259 of the Constitution .− In the \r\nConstitution, in Article 259,− \r\n(a) in clause (2), after the word \" gallantry\", the comma and \r\nwords \", meritorious service in the Armed Forces\" shall be \r\ninserted; and \r\n(b) in clause (3) after the word “gallantry” , the comma and \r\nwords \", meritorious services in the Armed Forces\" shall be \r\ninserted and shall be deemed always to have been so \r\ninserted. \r\n15.Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, in clause (1),− \r\n(a) after the definition of \"Chairman\", the following new \r\ndefinition shall be inserted, namely:− \r\n\"Chief Justice\", in relation to the Supreme Court or a \r\nHigh Court, includes the Judge for the time being acting \r\nas Chief Justice of the Court;\" ; and \r\n(b) in the definition of \"service of Pakistan\", after the words \r\n\"Provincial Minister\", the commas and words \", Attorney-\r\nGeneral, Parliamentary Secretary\" shall be inserted. \r\n16.Amendment of Article 272 of the Constitution .− In the \r\nConstitution, in Article 272, in the marginal heading, after the word \r\n\"First\" the words \"constitution of\" shall be inserted.\r\n17.Amendment of First Schedule to the Constitution .− In the \r\nConstitution, in the First Schedule, for Part IV the following shall be \r\nsubstituted, namely:− \r\nConstitution: (Amendment) Order, 2007 | 211\r\n“IV. FEDERAL ACTS\r\n1. The Censorship of Films Act, 1963 (XVIII of 1963).\r\n2. The Land Reforms (Amendment) Act, 1974.”\r\n212 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Second Amendment) Act, 1974\r\n(XLIX of 1974)\r\n[21 September 1974]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing; \r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Second Amendment) Act, 1974.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 106 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 106, in clause (3), after the word \r\n\"communities\", the words and brackets \"and persons of the Quadiani \r\ngroup or the Lahori group (who call themselves 'Ahmadis')\" shall be \r\ninserted. \r\n3. Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, after clause (2), the following new clause \r\nshall be added, namely:− \r\n“(3)A person who does not believe in the absolute and \r\nunqualified finality of the Prophethood of Muhammad \r\n(peace be upon him) the last of the Prophets or claims \r\nto be a prophet, in any sense of the word or of any \r\ndescription whatsoever, after Muhammad (peace be \r\nupon him), or recognizes such a claimant as a prophet \r\nor a religious reformer, is not a Muslim for the purposes \r\nof the Constitution or law.”. \r\n1This Act received the assent of the President on 17 September 1974; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 21 September 1974, p. 367.\r\nConstitution: (Amendment) Order, 2007 | 213\r\n2The Constitution \r\n(Third Amendment) Act, 1974\r\n(XXII of 1975)\r\n[18 February 1975]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing; \r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Third Amendment) Act, 1975.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 10 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 10,− \r\n(a) in clause (4), for the words \"one month\" twice occurring the \r\nwords \"three months\" shall be substituted; \r\n(b) in clause (5), for the words and comma \"as soon as may \r\nbe, but not later than one week\" the words \"within fifteen \r\ndays\" shall be substituted; and \r\n(c) in clause (7), in the proviso, after the word \"enemy\", the \r\ncommas and words \", or who is acting or attempting to act \r\nin a manner prejudicial to the integrity, security or defense \r\nof Pakistan or any part thereof or who commits or attempts \r\nto commit any act which amounts to an anti-national \r\nactivity as defined in a Federal law or is a member of any \r\nassociation which has for its objects, or which indulges in, \r\nany such anti-national activity\" shall be added. \r\n3. Amendment of Article 232 of the Constitution.− In the \r\nConstitution, in Article 232, in clause (7), for paragraph (b) the \r\nfollowing shall be substituted, namely:− \r\n“(b)shall, subject to the provisions of paragraph (a) cease to be \r\nin force upon a resolution disapproving the proclamation \r\nbeing passed by the votes of the majority of the total \r\nmembership of the two Houses in joint sitting.”. \r\n2This Act received the assent of the President on 13 February 1975; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 18 February 1975, p. 69. \r\n214 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Fourth Amendment) Act, 1975\r\n(LXXI of 1975)\r\n[25 November 1975]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:-\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Fourth Amendment) Act, 1975.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 8 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 8,−\r\n(a) in clause (3), for paragraph (b) the following shall be \r\nsubstituted, namely:−\r\n“(b) any of the −\r\n(i) laws specified in the First Schedule as in force \r\nimmediately before the commencing day or as \r\namended by any of the laws specified in that \r\nSchedule;\r\n(ii) other laws specified in Part I of the First Schedule;\"; \r\nand\r\n(b) in clause (4), for the words and commas “the First \r\nSchedule, not being a law which relates to, or is connected \r\nwith, economic reforms,” the words and figure “Part II of the \r\nFirst Schedule” shall be substituted.\r\n3. Amendment of Article 17 of the Constitution .− In the \r\nConstitution, in Article 17, in clause (1), for the words \"morality or \r\npublic order\" the words and comma \"sovereignty or integrity of \r\nPakistan, public order or morality\" shall be substituted.\r\n1This Act received the assent of the President on 21 November 1975; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 25 November 1975, pp. 579-585. \r\nConstitution: (Amendment) Order, 2007 | 215\r\n4. Amendment of Article 19 of the Constitution .− In the \r\nConstitution, in Article 19, for the word \"defamation\" the \r\nwords \"commission of\" shall be substituted.\r\n5. Amendment of Article 51 of the Constitution .− In the \r\nConstitution, in Article 51,−\r\n(a) after clause (2), the following new clause shall be inserted, \r\nnamely:−\r\n“(2A) In addition to the number of seats referred to in \r\nclause (1), there shall be in the National Assembly six \r\nadditional seats reserved for the persons referred to in \r\nclause (3) of Article 106.”; and\r\n(b) after clause (4), the following new clause shall be inserted, \r\nnamely:−\r\n“(4A) As soon as practicable after the general election to \r\nthe National Assembly, the members to fill seats reserved \r\nin that Assembly for the persons referred to in clause (2A) \r\nshall be elected in accordance with law by the members of \r\nthe Assembly referred in clause (1).”\r\n6. Amendment of Article 54 of the Constitution .− In the \r\nConstitution, in Article 54, in clause (2), the following explanation shall \r\nbe added at the end, namely:−\r\n“Explanation.− In this clause, `working days' includes any day \r\non which there is a joint sitting and any period, not exceeding \r\ntwo days, for which the National Assembly is adjourned.”.\r\n7. Amendment of Article 106 of the Constitution .− In the \r\nConstitution, in Article 106, in clause (3),−\r\n(a) for the word “or”, occurring for the second time, the \r\nwords “and other non-Muslims and persons belonging \r\nto” shall be substituted; and\r\n(b) for the figure \"3\" against the Province of the Punjab the \r\nfigure \"5\" shall be substituted.\r\n8. Amendment of Article 199 of the Constitution .− In the \r\nConstitution, in Article 199,−\r\n(a) after clause (3), the following new clause shall be inserted, \r\nnamely:−\r\n“(3A) A High Court shall not make an order under clause \r\n(1) −\r\n216 | Constitution: (Amendment) Order, 2007\r\n(a) prohibiting the making of an order for the \r\ndetention of a person, or\r\n(b) for the grant of bail to a person detained, under \r\nany law providing for preventive detention.”; and\r\n(b) after clause (4), the following new clause shall be inserted, \r\nnamely:−\r\n“(4A) An interim order made by a High Court on an \r\napplication made to it to question the validity or legal effect \r\nof any order made, proceeding taken or act done by any \r\nauthority or person, which has been made, taken or done \r\nor purports to have been made, taken or done under any \r\nlaw which is specified in Part I of the First Schedule or \r\nrelates to, or is connected with, assessment or collection of \r\npublic revenues shall cease to have effect on the expiration \r\nof a period of sixty days following the day on which it is \r\nmade, unless the case is finally decided, or the interim \r\norder is withdrawn, by the court earlier.\".\r\n9. Amendment of Article 271 of the Constitution .− In the \r\nConstitution, in Article 271, in clause (1),−\r\n(a) after the words \"subject to\", the word, figure and comma \r\n\"Article 63,\" shall be inserted;\r\n(b) for paragraph (a) the following shall be substituted, \r\nnamely:−\r\n“(a) the first National Assembly shall consist of −\r\n(i) persons who have taken oath in the National \r\nAssembly of Pakistan existing immediately before \r\nthe commencing day, and\r\n(ii) the persons to be elected in accordance with law by \r\nthe members of the Assembly to fill the seats \r\nreferred to in clause (2A) of Article 51,\r\nand, unless sooner dissolved, shall continue until the \r\nfourteenth day of August, one thousand nine hundred \r\nand seventy seven; and reference to ‘total membership’ \r\nof the National Assembly in the Constitution shall be \r\nconstrued accordingly;\"; and\r\n(c) in paragraph (b), after the word \"vacancies\", the commas, \r\nwords, brackets, figures and letter \", or to be elected to the \r\nadditional seats referred to in clause (2A) of Article \r\n51,\" shall be inserted.\r\nConstitution: (Amendment) Order, 2007 | 217\r\n10. Amendment of Article 272 of the Constitution .− In the \r\nConstitution, in Article 272,−\r\n(a) the brackets and figure \"(1)\", occurring after the figure \r\n“272”, shall be omitted; and\r\n(b) after the words \"subject to\", the words and figure \"Article \r\n63 and\" shall be inserted.\r\n11. Amendment of Article 273 of the Constitution .− In the \r\nConstitution, in Article 273, in clause (1),−\r\n(a) after the words “subject to”, the word, figure and comma \r\n\"Article 63,\" shall be inserted; and\r\n(b) for paragraph (a) the following shall be substituted, \r\nnamely:−\r\n“(a) the first Assembly of a Province under the \r\nConstitution shall consist of −\r\n(i) the members of the Assembly of that Province \r\nin existence immediately before the \r\ncommencing day, and\r\n(ii) the additional members to be elected in \r\naccordance with law by the members of the \r\nAssembly to fill the seats referred to in clause \r\n(3) of Article 106,\r\nand, unless sooner dissolved, shall continue until \r\nthe fourteenth day of August, one thousand nine \r\nhundred and seventy-seven; and reference to “total \r\nmembership” of the Assembly of a Province in the \r\nConstitution shall be construed accordingly;\"; and\r\n(c) in paragraph (b), after the word \"vacancies\", the commas, \r\nwords, brackets and figures \", or to be elected to the \r\nadditional seats referred to in clause (3) of Article \r\n106,\" shall be inserted.\r\n12. Substitution of the First Schedule to the Constitution .− In \r\nthe Constitution, for the First Schedule the Schedule set out in the \r\nSchedule to this Act shall be substituted.\r\n13. Amendment of the Fourth Schedule to the Constitution .− \r\nIn the Constitution, in the Fourth Schedule, in the Concurrent \r\nLegislative List, after entry 43, the following new entry shall be \r\ninserted, namely:−\r\n“43A. Auqaf.”.\r\n218 | Constitution: (Amendment) Order, 2007\r\n14. Certain orders shall cease to have effect after specified \r\nperiod.− An interim order such as is referred to in clause (4A) of \r\nArticle 199 of Constitution made by High Court before the \r\ncommencement of this Act shall cease to have effect at the expiration \r\nof sixty days from such commencement, unless the case is finally \r\ndecided, or the interim order is withdrawn, by the Court earlier.\r\nTHE SCHEDULE\r\n[See section 12]\r\n“FIRST SCHEDULE\r\n[Article 8(3)(b) and (4)]\r\nLaws exempted from the operation of Article 8(1) and (2).\r\nPART I\r\nI. PRESIDENT'S ORDERS\r\n1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961).\r\n2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972).\r\nII. REGULATIONS\r\n1. The Land Reforms Regulation, 1972.\r\n2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, \r\n1972.\r\n3. The Economic Reforms (Protection of Industries) Regulation, \r\n1972.\r\n4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).\r\n5. The Settlement of Disputes of Immovable Property (Chitral) \r\nRegulation, 1974 (III of 1974).\r\n6. The Dir and Swat (Devolution and Distribution of Property and \r\nSettlement of Disputes of Immovable Property) (Amendment) \r\nRegulation, 1975 (II of 1976).\r\nIII. FEDERAL ACTS\r\n1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).\r\n2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).\r\nIV. ORDINANCES PROMULGATED BY THE PRESIDENT\r\nThe Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), \r\nand the Federal Act enacted to replace the said Ordinance.\r\nConstitution: (Amendment) Order, 2007 | 219\r\nV. PROVINCIAL ACTS\r\n1. The Land Reforms (Baluchistan Amendment) Act, 1974 \r\n(Baluchistan Act XI of 1974).\r\n2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) \r\nAct, 1975 (Baluchistan Act VII of 1975).\r\nPART II\r\nI. PRESIDENT'S ORDERS\r\n1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 \r\nof 1961).\r\n2. The Companies (Managing Agency and Election of Directors) \r\nOrder, 1972 (P. O. No. 2 of 1972).\r\n3. The Co-operative Societies (Reforms) Order, 1972 (P. O. No. 9 of \r\n1972).\r\n4. The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of \r\n1972).\r\n5. The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14 \r\nof 1972).\r\n6. The Rulers of Acceding States (Abolition of Privy Purses and \r\nPrivileges) Order, 1972 (P. O. No. 15 of 1972).\r\n7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 \r\n(P. O. No. 16 of 1972).\r\n8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O. \r\nNo. 20 of 1972).\r\nII. REGULATIONS\r\n1. Rawalpindi (Requisition of Property) Regulation, 1959.\r\n2. The Pakistan Capital Regulation, 1960.\r\n3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.\r\n4. The Income Tax (Correction of Returns and False Declaration) \r\nRegulation, 1969.\r\n5. The Improper Acquisition of Property Regulation, 1969.\r\n6. The Removal from Service (Special Provisions) Regulation, 1969.\r\n7. The Living Beyond Ostensible Means (Punishment) Regulation, \r\n1969.\r\n8. The Government Agricultural Land (Recovery of Illegal \r\nPossession) Regulation, 1969.\r\n220 | Constitution: (Amendment) Order, 2007\r\n9. The Enemy Property (Payment of Money Due to Enemy) \r\nRegulation, 1970.\r\n10. The Withdrawal of Currency Notes (High Denomination) \r\nRegulation, 1971.\r\n11. The Price of Evacuee Property and Public Dues (Recovery) \r\nRegulation, 1971.\r\n12. The Peshawar District and Tribal Areas (Settlement of Disputes) \r\nRegulation, 1971.\r\n13. The Convention Muslim League and Awami League (Scrutiny of \r\nFunds) Regulation, 1971.\r\n14. The Foreign Exchange Repatriation Regulation, 1972.\r\n15. The Foreign Assets (Declaration) Regulation, 1972.\r\n16. The Removal from Service (Review Petition) Regulation, 1972.\r\n17. The Privately Managed Schools and Colleges (Taking Over) \r\nRegulation, 1972.\r\n18. The Enemy Property (Revocation of Sales) Regulation, 1972.\r\n19. The Dir and Swat (Devolution and Distribution of Property) \r\nRegulation, 1972.\r\n20. The Dir and Swat (Settlement of Disputes of Immovable Property) \r\nRegulation, 1972.\r\n21. The West Pakistan Industrial Development Corporation \r\n(Revocation of Sale or Transfer) Regulation, 1972.\r\n22. The National Press Trust (Suspension of Board of Trustees and \r\nDirectors) Regulation, 1972.\r\n23. The Co-operative Banks (Repayment of Loans) (Punjab) \r\nRegulation, 1972.\r\n24. The Co-operative Societies (Repayment of Loans) (Sind) \r\nRegulation, 1972.\r\nIII. ORDINANCES PROMULGATED BY THE PRESIDENT\r\n1. The Control of Shipping Ordinance, 1959 (XIII of 1959).\r\n2. The Jammu and Kashmir (Administration of Property) Ordinance, \r\n1961 (III of 1961).\r\n3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961).\r\n4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of \r\n1961).\r\nConstitution: (Amendment) Order, 2007 | 221\r\n5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 \r\n(XX of 1961).\r\n6. The Trade Organizations Ordinance, 1961 (XLV of 1961).\r\nIV. FEDERAL ACTS\r\nThe Censorship of Films Act, 1963 (XVIII of 1963).\r\nV. ORDINANCES PROMULGATED BY THE GOVERNOR OF \r\nFORMER PROVINCE OF WEST PAKISTAN\r\n1. The West Pakistan Government Educational and Training \r\nInstitutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960).\r\n2. The West Pakistan Waqf Properties Ordinance, 1961 (W. P. \r\nOrdinance No. XXVIII of 1961).\r\n3. The Societies Registration (West Pakistan Amendment) \r\nOrdinance, 1962 (W. P. Ordinance No. IX of 1962).\r\n4. The West Pakistan Industries (Control on Establishment and \r\nEnlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963).\r\nVI. ORDINANCES PROMULGATED BY THE GOVERNOR \r\nOF THE NORTH-WEST FRONTIER PROVINCE.\r\n1. The North-West Frontier Province Government Educational and \r\nTraining Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III \r\nof 1971).\r\n2. The North-West Frontier Province Chashma Right Bank Canal \r\nProject (Control and Prevention of Speculation in Land) \r\nOrdinance, 1971 (N.W.F.P. Ordinance No. V of 1971).\r\n3. The North-West Frontier Province Gomal Zam Project (Control \r\nand Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. \r\nOrdinance No. VIII of 1971).\r\n222 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Fifth Amendment) Act, 1976\r\n(LXII of 1976)\r\n[15 September 1976]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Fifth Amendment) Act, 1976.\r\n(2) It shall come into force at once, except section 8 and section \r\n13, which shall come into force on the first day of December, 1976.\r\n2. Amendment of Article 101 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 101, in clause (2), for the full stop at the \r\nend a colon shall be substituted and thereafter the following proviso \r\nand new clause shall be added, namely:−\r\n“Provided that, after the holding of the first general election to \r\nthe National Assembly, a person shall not be appointed to be the \r\nGovernor of the Province of which he is a permanent resident.\r\n(2A) Nothing contained in the proviso to clause (2) shall apply \r\nduring the period that an Order under paragraph (c) of clause (2) \r\nof Article 232 or a Proclamation under Article 234 is in force.\".\r\n3. Amendment of Article 160 of the Constitution .− In the \r\nConstitution, in Article 160, in clause (3), for paragraph (ii) the \r\nfollowing shall be substituted, namely:−\r\n“(ii) taxes on the sales and purchases of goods imported, \r\nexported, produced, manufactured or consumed;\".\r\n4. Amendment of Article 175 of the Constitution .− In the \r\nConstitution, in Article 175, in clause (3), for the word \"three\" the \r\nword \"five\" shall be substituted.\r\n5. Amendment of Article 179 of the Constitution .− In the \r\nConstitution, Article 179 shall be renumbered as clause (1) of that \r\n1This Act received the assent of the President on 13 September 1976; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 15 September 1976, pp.511-515.\r\nConstitution: (Amendment) Order, 2007 | 223\r\nArticle and, after clause (1) renumbered as aforesaid, the following \r\nnew clauses shall be added, namely:−\r\n“(2) The Chief Justice of the Supreme Court, whether \r\nappointed before or after the commencement of the Constitution \r\n(Fifth Amendment) Act, 1976, shall, unless he sooner attains the \r\nage of sixty-five years, hold office for a term of five years and shall \r\nthereafter have the option either−\r\n(a) to retire from his office and receive the pension to \r\nwhich he would have been entitled if he had retired \r\nfrom office on attaining the age of sixty-five years; or\r\n(b) to assume the office of the most senior of the other \r\nJudges of the Supreme Court and to continue to \r\nreceive the same salary which he was receiving while \r\nholding the office of Chief Justice.\r\n(3) When a Judge assumes the office of the most senior of the \r\nother Judges of the Supreme Court under clause (2), the Judge \r\nwho was until then the most senior of the other Judges shall rank \r\nnext after him in order of seniority.\r\n(4) A person who has once held office as Chief Justice of the \r\nSupreme Court, otherwise than under Article 180, shall not again \r\nbe appointed to that office.\r\n(5) The provisions of clauses (2), (3) and (4) shall have effect \r\nnotwithstanding anything contained in Article 275.”.\r\n6. Amendment of Article 180 of the Constitution .− In the \r\nConstitution, in Article 180, for the words \"the most senior of the other \r\nJudges of the Supreme Court\" the words \"one of the Judges of the \r\nSupreme Court who have not previously held the office of Chief \r\nJustice of Pakistan otherwise than under this Article\" shall be \r\nsubstituted.\r\n7. Amendment of Article 187 of the Constitution .− In the \r\nConstitution, in Article 187, in clause (1), for the word \"The\" the words, \r\nbrackets, figures and comma \"Subject to clause (2) of Article 175, \r\nthe\" shall be substituted.\r\n8. Amendment of Article 192 of the Constitution .− In the \r\nConstitution, in Article 192, for clauses (2), (3) and (4) the following \r\nshall be substituted, namely:−\r\n“(2)The Sind and Baluchistan High Court shall cease to \r\nfunction as a common High Court for the Provinces of Baluchistan \r\nand Sind.\r\n224 | Constitution: (Amendment) Order, 2007\r\n(3) The President shall, by Order, establish a High Court for \r\neach of the Provinces of Baluchistan and Sind and may make \r\nsuch provision in the Order for the principal seats of the two High \r\nCourts, transfer of the Judges of the common High Court, transfer \r\nof cases pending in the common High Court immediately before \r\nthe establishment of the two High Courts and, generally, for \r\nmatters consequential or ancillary to the common High Court \r\nceasing to function and the establishment of the two High Courts \r\nas he may deem fit.\".\r\n9. Amendment of Article 195 of the Constitution .− In the \r\nConstitution, Article 195 shall be renumbered as clause (1) of that \r\nArticle and, after clause (1) renumbered as aforesaid, the following \r\nnew clauses shall be added, namely:−\r\n“(2) The Chief Justice of a High Court, whether appointed \r\nbefore or after the commencement of the Constitution (Fifth \r\nAmendment) Act, 1976, shall, unless he sooner attains the age of \r\nsixty-two years, hold office for a term of four years and shall \r\nthereafter have the option either −\r\n(a) to retire from his office and receive the pension to which he \r\nwould have been entitled if he had retired from office on \r\nattaining the age of sixty-two years; or\r\n(b) to assume the office of the most senior of the other Judges \r\nof the High Court and to continue to receive the same \r\nsalary which he was receiving while holding the office of \r\nChief Justice.\r\n(3) When a Judge assumes the office of the most senior of the \r\nother Judges of a High Court under clause (2), the Judge who was \r\nuntil then the most senior of the other Judges shall rank next after \r\nhim in order of seniority.\r\n(4) A person who has once held office as Chief Justice of a \r\nHigh Court, otherwise than under Article 196, shell not again be \r\nappointed to be the Chief Justice of that High Court.\r\n(5) The provisions of clauses (2), (3) and (4) shall have effect \r\nnotwithstanding anything contained in Article 275.\".\r\n10. Amendment of Article 196 of the Constitution .− In the \r\nConstitution, in Article 196, for the words \"the most senior of the other \r\nJudges of the High Court\" the words \"one of the Judges of the High \r\nCourt who have not previously held the office of Chief Justice of the \r\nHigh Court otherwise than under this Article\" shall be substituted.\r\nConstitution: (Amendment) Order, 2007 | 225\r\n11. Amendment of Article 199 of the Constitution .− In the \r\nConstitution, in Article 199, for clause (3A) the following shall be \r\nsubstituted, namely:−\r\n“(3A) A High Court shall not make under this Article −\r\n(a) an order prohibiting the making, or suspending the \r\noperation, of an order for the detention of any \r\nperson under any law providing for preventive \r\ndetention;\r\n(b) an order for the release on bail of any person \r\ndetained under any law providing for preventive \r\ndetention;\r\n(c) an order for the release on bail, or an order \r\nsuspending the operation of an order for the \r\ncustody, of any person against whom a report or \r\ncomplaint has been made before any Court or \r\ntribunal, or against whom a case has been \r\nregistered at any police station, in respect of an \r\noffence, or who has been convicted by any court or \r\ntribunal;\r\n(d) an order prohibiting the registration of a case at a \r\npolice station, or the making of a report or complaint \r\nbefore any court or tribunal, in respect of an \r\noffence; or\r\n(e) any other interim order in respect of any person \r\nreferred to in any of the preceding paragraphs.\r\n(3B) Every such order as is referred to in clause (3A), made at \r\nany time after the commencement of the Constitution (Fourth \r\nAmendment) Act, 1975, shall cease to have effect and all \r\napplications for the making of any such order that may be pending \r\nbefore any High Court shall abate.\r\n(3C) The provisions of clauses (3A) and (3B) shall also apply \r\nto the disposal of an application in a petition for leave to appeal, or \r\nin an appeal, from an order such as is referred to in the said \r\nclause (3A) that may be pending before the Supreme Court \r\nimmediately before the commencement of the Constitution (Fifth \r\nAmendment) Act, 1976.\".\r\n12. Amendment of Article 200 of the Constitution .− In the \r\nConstitution, in Article 200, in clause (1), for the full stop at the end a \r\ncolon shall be substituted and thereafter the following proviso shall be \r\nadded, namely:−\r\n226 | Constitution: (Amendment) Order, 2007\r\n“Provided that such consent, or consultation with the Chief \r\nJustices of the High Courts, shall not be necessary if such \r\ntransfer is for a period not exceeding one year at a time.\r\nExplanation.− In this Article, \"Judge\" does not include a \r\n“Chief Justice.”.\r\n13. Amendment of Article 204 of the Constitution .− In the \r\nConstitution, in Article 204, for clauses (2) and (3) the following shall \r\nbe substituted, namely:−\r\n“(2)A Court shall have the power to punish a person for \r\ncontempt of court in accordance with law.\".\r\n14. Amendment of Article 206 of the Constitution .− In the \r\nConstitution, Article 206 shall be renumbered as clause (1) of that \r\nArticle and, after clause (1) renumbered as aforesaid, the following \r\nnew clause shall be added, namely:−\r\n“(2) A Judge of a High Court who does not accept appointment \r\nas a Judge of the Supreme Court shall be deemed to have retired \r\nfrom his office and, on such retirement, shall be entitled to receive \r\na pension calculated on the basis of the length of his service as \r\nJudge and total service, if any, in the service of Pakistan.\".\r\n15. Amendment of Article 212 of the Constitution .− In the \r\nConstitution, in Article 212, in clause (2) after the word \"Tribunal\" \r\noccurring for the third time, the commas and words \", other than an \r\nappeal pending before the Supreme Court,\" shall be inserted and shall \r\nbe deemed always to have been so inserted.\r\n16. Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, in the definition of \"service of Pakistan\", \r\nafter the word and comma \"Attorney-General,\", the word and \r\ncomma \"Advocate-General,\" shall be inserted.\r\n17.Amendment of Article 280 of the Constitution .− In the \r\nConstitution, in Article 280, after the word \"made\" at the end, the \r\nwords and figures \"and shall not be called in question in any court on \r\nthe ground of inconsistency with any of the rights conferred by \r\nChapter 1 of Part II\" shall be added and shall be deemed always to \r\nhave been so added.\r\n18.Amendment of the First Schedule to the Constitution .− In \r\nthe Constitution, in the First Schedule, in Part I,−\r\n(a) under the sub-heading ‘II. REGULATIONS’, after entry 6, \r\nthe following new entry shall be added, namely:−\r\nConstitution: (Amendment) Order, 2007 | 227\r\n‘7. The Settlement of Disputes of Immovable Property \r\n(Chitral) (Amendment) Regulation, 1976 (XII of \r\n1976).’;\r\n(b) under the sub-heading ‘III. FEDERAL ACTS’, after entry 2, \r\nthe following new entries shall be added, namely:−\r\n‘3. The Flour Milling Control and Development Act, \r\n1976 (LVII of 1976).\r\n4. The Rice Milling Control and Development Act, \r\n1976 (LVIII of 1976).\r\n5. The Cotton Ginning Control and Development Act, \r\n1976 (LIX of 1976).’; and\r\n(c) after the sub-heading ‘V. PROVINCIAL ACTS’ and the \r\nentries relating thereto, the following new sub-heading and \r\nentry shall be added, namely:−\r\n‘VI. PROVINCIAL ORDINANCE\r\nThe Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, \r\n1976.’\r\n19.Amendment of the Fourth Schedule to the Constitution .− \r\nIn the Constitution, in the Fourth Schedule,−\r\n(a) in the Federal Legislative List,−\r\n(i) in Part I, for entry 49 the following shall be substituted, \r\nnamely:−\r\n“49. Taxes on the sales and purchases of goods \r\nimported, exported, produced, manufactured or \r\nconsumed.”; and\r\n(ii) in Part II, in entry 3, for the words “West Pakistan \r\nWater and Power Development Authority and the West \r\nPakistan Industrial Development Corporation\" the \r\nwords “Pakistan Water and Power Development \r\nAuthority and the Pakistan Industrial Development \r\nCorporation\" shall be substituted; and\r\n(b) in the Concurrent Legislative List, for entry 41 the following \r\nshall be substituted, namely:−\r\n“41. Production, censorship and exhibition of \r\ncinematograph films.”.\r\n228 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Sixth Amendment) Act, 1976\r\n(LXXXIV of 1976)\r\n[4 January 1977]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Sixth Amendment) Act, 1976.\r\n (2) It shall come into force at once.\r\n2. Amendment of Article 179 of the Constitution .− In the \r\nConstitution of Islamic Republic of Pakistan, hereinafter referred to as \r\nthe Constitution, in Article 179, after clause (5), the following new \r\nclause shall be added, namely:−\r\n\"(6) Notwithstanding anything contained in clause (1) or clause \r\n(2), a Chief Justice of the Supreme Court who attains the age of \r\nsixty-five years before he has held that office for a term of five \r\nyears may continue to hold that office until he has completed that \r\nterm.\"\r\n 3. Amendment of Article 195 of the Constitution .− In the \r\nConstitution, in Article 195, after clause (5), the following new clause \r\nshall be added, namely:−\r\n\"(6) Notwithstanding anything contained in clause (1) or clause \r\n(2), a Chief justice of the High Court who attains the age of sixty-\r\ntwo years before he has held that office for a term of five years \r\nmay continue to hold that office until he has completed that term.\"\r\n 4. Amendment of Article 246 of the Constitution .− In the \r\nConstitution, in Article 246,−\r\n(a) in paragraph (b), in sub-paragraph (i),−\r\n(i) after the brackets, words and comma \"(which includes \r\nKalam),\" the words and comma \"the Tribal Area in \r\nKohistan District,\" shall be inserted and shall be \r\n1This Act received the assent of the President on 4 January 1977; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 4 January 1977, p. 21.\r\nConstitution: (Amendment) Order, 2007 | 229\r\ndeemed to have been so inserted on the first day of \r\nOctober, 1976; and\r\n(ii) for the word \"Hazara\" the word \"Mansehra\" shall be \r\nsubstituted and shall be deemed to have been so \r\nsubstituted on the first day of October, 1976; and\r\n(b) in paragraph (c), for the sub-paragraph (v) the following \r\nshall be substituted shall be deemed to have been so \r\nsubstituted on the first day of December, 1976, namely:−\r\n\"(v)Bajaur Agency;\r\n (va) Orakzai Agency;\".\r\n5. Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, in the definition, of \"service of Pakistan\", \r\nafter the words \"Parliamentary Secretary\", the commas and \r\nwords, \"Chairman or member of a law commission, Chairman or \r\nmember of the Council of Islamic Ideology, Special Assistant to the \r\nPrime Minister, Adviser to the Prime Minister, Special Assistant to a \r\nChief Minister, Advisor to a Chief Minister\" shall be inserted.\r\n230 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Seventh Amendment) Act, 1977\r\n(XXIII of 1977)\r\n[16 May 1977]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan.\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title, commencement and duration .− (1) This Act may \r\nbe called the Constitution (Seventh Amendment) Act, 1977.\r\n(2) It shall come into force at once and section 4 shall be deemed \r\nto have taken effect on the twenty-first day of April 1977.\r\n(3) Section 2 shall cease to be in force on the thirtieth day of \r\nSeptember, 1977.\r\n2. Insertion of new Article 96A in the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, after Article 96, the following new Article shall be \r\ninserted, namely:−\r\n“96A. Referendum as to confidence in Prime Minister .− (1) \r\nIf at any time the Prime Minister considers it necessary to obtain a \r\nvote of confidence of the people of Pakistan through a \r\nreferendum, he may advise the President to cause the matter to \r\nbe referred to a referendum in accordance with law made by \r\nParliament.\r\n(2) The law referred to in clause (1) shall provide for the \r\nConstitution of Referendum Commission and the manner and \r\nmode of holding a referendum.\r\n(3) On receipt of the advice of the Prime Minister under clause \r\n(1), the President shall call upon the Referendum Commission to \r\nconduct a referendum amongst the persons whose names appear \r\non the electoral rolls for the immediately preceding general \r\nelections to the National Assembly as revised up-to-date.\r\n(4) Any dispute arising in connection with the counting of votes \r\nat referendum shall be finally determined by the Referendum \r\n1This Act received the assent of the President on 16 May 1977; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 16 May 1977, pp.254-255.\r\nConstitution: (Amendment) Order, 2007 | 231\r\nCommission or a member thereof authorised by it and, save as \r\naforesaid, no dispute arising in connection with a referendum or \r\nthe result thereof shall be raised or permitted to be raised before \r\nany court or other authority whatsoever.\r\n(5) If, on the final count of the votes cast at the referendum, \r\nthe Prime Minister fails to secure majority of the total votes cast in \r\nthe matter of the confidence of the people of Pakistan, he shall be \r\ndeemed to have tendered his resignation within the meaning of \r\nArticle 94.\".\r\n3. Amendment of Article 101 of the Constitution .− In the \r\nConstitution, in Article 101, in clause (2A), for the words, brackets, \r\nletter and figures \"an Order under paragraph (c) of clause (2) of Article \r\n232 or a Proclamation under\" the words and figure \"a Proclamation \r\nunder Article 232 or\" shall be substituted.\r\n4. Amendment of Article 245 of the Constitution .− In the \r\nConstitution, Article 245 shall be renumbered as clause (1) of that \r\nArticle and, after clause (1) renumbered as aforesaid, the following \r\nnew clauses shall be added, namely:−\r\n“(2)The validity of any direction issued by the Federal \r\nGovernment under clause (1) shall not be called in question in any \r\ncourt.\r\n (3)A High Court shall not exercise any jurisdiction under \r\nArticle 199 in relation to any area in which the Armed Forces of \r\nPakistan are, for the time being, acting in aid of civil power in \r\npursuance of Article 245:\r\nProvided that this clause shall not be deemed to affect the \r\njurisdiction of the High Court in respect of any proceeding \r\npending immediately before the day on which the Armed \r\nForces start acting in aid of civil power.\r\n (4)Any proceeding in relation to an area referred to in clause \r\n(3), instituted on or after the day the Armed Forces start acting in \r\naid of civil power and pending in any High Court shall remain \r\nsuspended for the period during which the Armed Forces are so \r\nacting.”.\r\n232 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Eighth Amendment) Act, 1985\r\n(XVIII of 1985)\r\n[11 November 1985]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Eighth Amendment) Act, 1985.\r\n(2) It shall come into force at once, except section 19 which shall \r\ncome into force on the day on which the Proclamation of the fifth day \r\nof July, 1977, is revoked.\r\n2. Amendment of Article 48 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 48,−\r\n(a) in clause (1),−\r\n(i) for the commas and words \", the Prime Minister, or \r\nappropriate Minister\" the words \"or the Prime Minister\" \r\nshall be substituted; and\r\n(ii) for the proviso the following shall be substituted, \r\nnamely:\r\n“Provided that the President may require the \r\nCabinet or, as the case may be, the Prime Minister to \r\nreconsider such advice, either generally or otherwise, \r\nand the President shall act in accordance with the \r\nadvice tendered after such reconsideration.\";\r\n(b) in clause (2), after the words \"do so\", at the end, the words \r\n\"and the validity of anything done by the President in his \r\ndiscretion shall not be called in question on any ground \r\nwhatsoever\" shall be added;\r\n(c) clause (3) shall be omitted; and\r\n1 This Act received the assent of the President on 9 November 1985; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 11 November 1985, pp. 403-410.\r\nConstitution: (Amendment) Order, 2007 | 233\r\n(d) in clause (5), in paragraph (a), for the words \"one hundred\" \r\nthe word \"ninety\" shall be substituted.\r\n3. Amendment of Article 51 of the Constitution .− In the \r\nConstitution, in Article 51, in clause (4), for the word \"second\" the \r\nword \"third\" shall be substituted.\r\n4. Amendment of Article 56 of the Constitution .− In the \r\nConstitution, in Article 56, for clause (3) the following shall be \r\nsubstituted, namely:−\r\n“(3)At the commencement of the first session after each \r\ngeneral election to the National Assembly and at the \r\ncommencement of the first session of each year the President \r\nshall address both Houses assembled together and inform the \r\nMajlis-e-Shoora (Parliament) of the causes of its summons.\r\n5. Amendment of Article 58 of the Constitution .− In the \r\nConstitution, in Article 58,−\r\n(a) in clause (1), in the Explanation, for the words \"resolution \r\nfor a vote of no-confidence has been moved\" the words \r\n\"notice of a resolution for a vote of no-confidence has been \r\ngiven\" shall be substituted; and\r\n(b) for clause (2) the following shall be substituted, namely:−\r\n“(2) Notwithstanding anything contained in clause (2) of \r\nArticle 48, the President may also dissolve the National \r\nAssembly in his discretion where, in his opinion,−\r\n(a) a vote of no-confidence having been passed \r\nagainst the Prime Minister, no other member of the \r\nNational Assembly is likely to command the \r\nconfidence of the majority of the members of the \r\nNational Assembly in accordance with the \r\nprovisions of the Constitution, as ascertained in a \r\nsession of the National Assembly summoned for \r\nthe purpose; or\r\n(b) a situation has arisen in which the Government of \r\nthe Federation cannot be carried on in accordance \r\nwith the provisions of the Constitution and an \r\nappeal to the electorate is necessary.”\r\n6. Amendment of Article 59 of the Constitution .− In the \r\nConstitution, in Article 59 −\r\n234 | Constitution: (Amendment) Order, 2007\r\n(a) in clause (1), in paragraph (c), for the word \"chosen\" the \r\nword \"elected\" shall be substituted:\r\n(b) in clause (3),\r\n(i) for paragraphs (a), (b) and (c) the following shall be \r\nsubstituted, namely:−\r\n“(a)of the members referred to in paragraph (a) of \r\nclause (1), seven shall retire after the expiration of \r\nthe first three years and seven shall retire after the \r\nexpiration of the next three years;\r\n(b) of the members referred to in paragraph (b) of the \r\naforesaid clause, four shall retire after the \r\nexpiration of the first three years and four shall \r\nretire after the expiration of the next three years;\r\n(c) of the members referred to in paragraph (c) of the \r\naforesaid clause, one shall retire after the \r\nexpiration of the first three years and two shall \r\nretire after the expiration of the next three years; \r\nand\r\n(d) of the members referred to in paragraph (d) of the \r\naforesaid clause, two shall retire after the \r\nexpiration of the first three years and three shall \r\nretire after the expiration of the next three years;\" ; \r\nand\r\n(ii) in the proviso, the words “or chosen” shall be omitted; \r\nand\r\n(c) clause (4) shall be omitted.\r\n7. Amendment of Article 60 of the Constitution .− In the \r\nConstitution, in Article 60, in clause (2), for the word \"two\" the word \r\n\"three\" shall be substituted.\r\n8. Amendment of Article 75 of the Constitution .− In the \r\nConstitution, in Article 75,−\r\n(a) in clause (1), for the word \"forty-five\" the word \"thirty\" shall \r\nbe substituted; and\r\n(b) for clause (2) the following shall be substituted, namely:−\r\n“(2)When the President has returned a Bill to the Majlis-e-\r\nShoora (Parliament), it shall be reconsidered by the Majlis-\r\ne-Shoora (Parliament) in joint sitting and, if it is again \r\npassed, with or without amendment, by the Majlis-e-\r\nShoora (Parliament), by the votes of the majority of the \r\nConstitution: (Amendment) Order, 2007 | 235\r\nmembers of both Houses present and voting, it shall be \r\ndeemed for the purposes of the Constitution to have been \r\npassed by both Houses and shall be presented to the \r\nPresident and the President shall not withhold assent \r\ntherefrom.\".\r\n9. Amendment of Article 90 of the Constitution .− In the \r\nConstitution, Article 90 shall be renumbered as clause (1) of that \r\nArticle and, after clause (1) renumbered as aforesaid, the following \r\nnew clause shall be added, namely:−\r\n“(2) Nothing contained in clause (1) shall −\r\n(a) be deemed to transfer to the President any functions \r\nconferred by any existing law on the Government of any \r\nProvince or other authority; or\r\n(b) prevent the Majlis-e-Shoora (Parliament) from conferring \r\nby law functions on authorities other than the President.\".\r\n10.Amendment of Article 91 of the Constitution .− In the \r\nConstitution, in Article 91,−\r\n(a) after clause (2), the following new clause shall be inserted, \r\nnamely:−\r\n“(2A) Notwithstanding anything contained in clause \r\n(2), after the twentieth day of March, one thousand nine \r\nhundred and ninety, the President shall invite the member \r\nof the National Assembly to be the Prime Minister who \r\ncommands the confidence of the majority of the members \r\nof the National Assembly, as ascertained in a session of \r\nthe Assembly summoned for the purpose in accordance \r\nwith provisions of the Constitution.\";\r\n(b) in clause (3), after the brackets and figure \"(2)\", the words, \r\ncommas, brackets, figure and letter \"or, as the case may \r\nbe, invited under clause (2A)\" shall be inserted; and\r\n(c) for clause (5) the following shall be substituted, namely:−\r\n“(5)The Prime Minister shall hold office during the \r\npleasure of the President, but the President shall not \r\nexercise his powers under this clause unless he is satisfied \r\nthat the Prime Minister does not command the confidence \r\nof the majority of the members of the National Assembly, \r\nin which case he shall summon the National Assembly and \r\nrequire the Prime Minister to obtain a vote of confidence \r\nfrom the Assembly.\".\r\n236 | Constitution: (Amendment) Order, 2007\r\n11.Amendment of Article 101 of the Constitution .− In the \r\nConstitution, in Article 101,−\r\n(a) in clause (1), for the words \"in his discretion\" the words \r\n“after consultation with the Prime Minister” shall be \r\nsubstituted;\r\n(aa) in clause (2), the proviso shall be omitted;\r\n(b) clause (2A) shall be omitted; and\r\n(c) in clause (5), after the word \"Governor\", at the end, the \r\nwords \"in any contingency not provided for in this Part\" \r\nshall be added.\r\n12.Amendment of Article 105 of the Constitution .− In the \r\nConstitution in Article 105,−\r\n(a) in clause (1),−\r\n(i) for the comma and words \", Chief Minister or \r\nappropriate Minister\" the words \" or the Chief Minister\" \r\nshall be substituted;\r\n(ii) for the first proviso, the following shall be substituted, \r\nnamely:−\r\n“Provided that the Governor may require the \r\nCabinet or, as the case may be, the Chief Minister to \r\nreconsider such advice, whether generally or \r\notherwise, and the Governor shall act in accordance \r\nwith the advice tendered after such reconsideration.\" ; \r\nand \r\n(iii) the second proviso shall be omitted;\r\n(b) in clause (2), for the comma and words \", the Cabinet or a \r\nMinister\" the words \"or the Cabinet\" shall be substituted; \r\nand\r\n(c) in clause (5), for the brackets and figure \"(3)\" the brackets \r\nand figure \"(2)” shall be substituted.\r\n13.Amendment of Article 106 of the Constitution .− In the \r\nConstitution, in Article 106, in clause (4), for the word \"second\" the \r\nword \"third\" shall be substituted.\r\n14.Amendment of Article 112 of the Constitution .− In the \r\nConstitution Article 112 shall be renumbered as clause (1) of that \r\nArticle and,−\r\nConstitution: (Amendment) Order, 2007 | 237\r\n(a) in clause (1), renumbered as aforesaid, in the \r\nExplanation, for the words \"resolution for a vote of no-\r\nconfidence has been moved\" the words \"notice of a \r\nresolution for a vote of no-confidence has been given\" \r\nshall be substituted; and\r\n(b) after clause (1), renumbered and amended as aforesaid, \r\nthe following new clause shall be added, namely:−\r\n“(2) The Governor may also dissolve the Provincial \r\nAssembly in his discretion, but subject to the previous \r\napproval of the President, where, in his opinion,−\r\n(a) a vote of no-confidence having been passed \r\nagainst the Chief Minister, no other member of the \r\nProvincial Assembly is likely to command the \r\nconfidence of the majority of the members of the \r\nProvincial Assembly in accordance with the \r\nprovisions of the Constitution, as ascertained in a \r\nsession of the Provincial Assembly summoned for \r\nthe purpose; or\r\n(b) a situation has arisen in which the Government of \r\nthe Province cannot be carried on in accordance \r\nwith the provisions of the Constitution and an \r\nappeal to the electorate is necessary.”.\r\n15.Amendment of Article 116 of the Constitution .− In the \r\nConstitution, in Article 116,−\r\n(a) in clause (2), for the word \"forty-five\" the word \"thirty\" shall \r\nbe substituted; and\r\n(b) for clause (3) the following shall be substituted, namely:−\r\n“(3)When the Governor has returned a Bill to the \r\nProvincial Assembly, it shall be reconsidered by the \r\nProvincial Assembly and, if it is again passed, with or \r\nwithout amendment, by the Provincial Assembly, by the \r\nvotes of the majority of the members of the Provincial \r\nAssembly present and voting, it shall be again presented \r\nto the Governor and the Governor shall not withhold \r\nassent therefrom.\".\r\n16.Amendment of Article 130 of the Constitution.− In the \r\nConstitution, in Article 130,−\r\n(a) after clause (2), the following new clause shall be inserted, \r\nnamely:−\r\n238 | Constitution: (Amendment) Order, 2007\r\n“(2A) Notwithstanding anything contained in clause \r\n(2), after the twentieth day of March, one thousand nine \r\nhundred and eighty-eight, the Governor shall invite the \r\nmember of the Provincial Assembly to be the Chief \r\nMinister who commands the confidence of the majority of \r\nthe members of the Provincial Assembly, as ascertained in \r\na session of the Assembly summoned for the purpose in \r\naccordance with the provisions of the Constitution:\r\nProvided that nothing contained in this clause shall \r\napply to a Chief Minister holding office on the twentieth \r\nday of March, one thousand nine hundred and eighty-\r\neight, in accordance with the provisions of the \r\nConstitution.\";\r\n(b) in clause (3), after the brackets and figure \"(2)\", the words, \r\ncommas, brackets, figure and letter \"or, as the case may \r\nbe, invited under clause (2A)\" shall be inserted; and\r\n(c) for clause (5) the following shall be substituted, namely:−\r\n“(5)The Chief Minister shall hold office during the \r\npleasure of the Governor, but the Governor shall not \r\nexercise his powers under this clause unless he is satisfied \r\nthat the Chief Minister does not command the confidence \r\nof the majority of the members of the Provincial Assembly, \r\nin which case he shall summon the Provincial Assembly \r\nand require the Chief Minister to obtain a vote of \r\nconfidence from the Assembly.\".\r\n17.Amendment of Article 144 of the Constitution.− In the \r\nConstitution, in Article 144, clause (2) shall be omitted.\r\n18.Omission of Article 152A of the Constitution .− In the \r\nConstitution, Article 152A shall be omitted.\r\n19.Substitution of Article 270A of the Constitution .− In the \r\nConstitution, for Article 270A the following shall be substituted, \r\nnamely:−\r\n“270A. Affirmation of President's Orders, etc.− (1) The \r\nProclamation of the fifth day of July, 1977, all President's Orders, \r\nOrdinances, Martial Law Regulations, Martial Law Orders, including \r\nthe Referendum Order, 1984 (P.O. No. 11 of 1984), under which in \r\nconsequence of the result of the referendum held on the nineteenth \r\nday of December, 1984, General Muhammad Zia-ul-Haq became \r\nthe President of Pakistan on the day of the first meeting of the \r\nMajlis-e-Shoora (Parliament) in joint sitting for the term specified in \r\nclause (7) of Article 41, the Revival of the Constitution of 1973 \r\nConstitution: (Amendment) Order, 2007 | 239\r\nOrder ,1985 (P.O. No. 14 of 1985), the Constitution (Second \r\nAmendment) Order, 1985(P.O. No. 20 of 1985), the Constitution \r\n(Third Amendment) Order, 1985 (P. O. No. 24 of 1985), and all \r\nother laws made between the fifth day of July, 1977, and the date \r\non which this Article comes into force are hereby affirmed, adopted \r\nand declared, notwithstanding any judgment of any court, to have \r\nbeen validly made by competent authority and, notwithstanding \r\nanything contained in the Constitution, shall not be called in \r\nquestion in any court on any ground whatsoever:\r\nProvided that a President's Order, Martial Law Regulation or \r\nMartial Law Order made after the thirtieth day of September, 1985, \r\nshall be confined only to making such provisions as facilitate, or are \r\nincidental to, the revocation of the Proclamation of the fifth day of \r\nJuly, 1977.\r\n(2) All orders made, proceedings taken and acts done by any \r\nauthority or by any person, which were made, taken or done, or \r\npurported to have been made, taken or done between the fifth day \r\nof July, 1977, and the date on which this Article comes into force, \r\nin exercise of the powers derived from any Proclamation, \r\nPresident's Orders, Ordinances, Martial Law Regulations, Martial \r\nLaw Orders, enactments, notifications, rules, orders or bye-laws, \r\nor in execution of or in compliance with any order made or \r\nsentence passed by any authority in the exercise or purported \r\nexercise of powers as aforesaid, shall, notwithstanding any \r\njudgment of any court, be deemed to be and always to have been \r\nvalidly made, taken or done and shall not be called in question in \r\nany court on any ground whatsoever.\r\n(3) All President's Orders, Ordinances, Martial Law \r\nRegulations, Martial Law Orders, enactments, notifications, rules, \r\norders or bye-laws in force immediately before the date on which \r\nthis Article comes into force shall continue in force until altered, \r\nrepealed or amended by competent authority.\r\nExplanation.− In this clause, \"competent authority\" means,−\r\n(a) in respect of President's Orders, Ordinances, Martial \r\nLaw Regulations, Martial Law Orders and \r\nenactments, the appropriate Legislature; and\r\n(b) in respect of notifications, rules, orders and bye-\r\nlaws, the authority in which the power to make, \r\nalter, repeal or amend the same vests under the \r\nlaw.\r\n(4) No suit, prosecution or other legal proceedings shall lie in \r\nany court against any authority or any person, for or on account of \r\n240 | Constitution: (Amendment) Order, 2007\r\nor in respect of any order made, proceedings taken or act done \r\nwhether in the exercise or purported exercise of the powers \r\nreferred to in clause (2) or in execution of or in compliance with \r\norders made or sentences passed in exercise or purported \r\nexercise of such powers.\r\n(5) For the purposes of clauses (1), (2) and (4), all orders \r\nmade, proceedings taken, acts done or purporting to be made, \r\ntaken or done by any authority or person shall be deemed to have \r\nbeen made, taken or done in good faith and for the purpose \r\nintended to be served thereby.\r\n(6) Such of the President's Orders and Ordinances referred to \r\nin clause (1) as are specified in the Seventh Schedule may be \r\namended in the manner provided for amendment of the \r\nConstitution, and all other laws referred to in the said clause may \r\nbe amended by the appropriate Legislature in the manner \r\nprovided for amendment of such laws.\r\nExplanation.− In this Article, \"President's Orders\" includes \r\n\"President and Chief Martial Law Administrator’s Orders\" and \r\n\"Chief Martial Law Administrator’s Orders\".”.\r\n20.Addition of new Schedule to the Constitution .− In the \r\nConstitution, after the Sixth Schedule, the following new Schedule \r\nshall be added, namely:-\r\n“SEVENTH SCHEDULE\r\n[Article 270A (6).]\r\nLaws to be amended in the manner provided for amendment of \r\nthe Constitution.\r\nPRESIDENT’S ORDERS\r\n(1) The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-\r\nnaming and Administration) Order, 1978 (P.O. No. 4 of 1978).\r\n(2) The Cantonments (Urban Immovable Property Tax and \r\nEntertainments Duty) Order, 1979 (P.O. No. 13 of 1979).\r\n(3) The Pakistan Defence Officers Housing Authority Order, 1980 \r\n(P.O. No. 7 of 1980).\r\n(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982 \r\n(P.O. No.3 of 1982).\r\n(5) The Establishment of the Office of Wafaqi Mohtasib (Ombudsman) \r\nOrder, 1983 (P.O. No. 1 of 1983).\r\n(6) The Agha Khan University Order, 1983 (P.O. No. 3 of 1983).\r\nConstitution: (Amendment) Order, 2007 | 241\r\n(7) The National College of Textile Engineering (Governing Body and \r\nCess) Order, 1983 (P.O. No. 11 of 1983).\r\n(8) The Lahore University of Management Sciences Order, 1985 \r\n(P.O.No.25 of 1985).\r\nORDINANCES\r\n(1) The International Islamic University Ordinance, 1985 (XXX of \r\n1985).”.\r\n242 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Tenth Amendment) Act, 1987\r\n(1 of 1987)\r\n[29 March 1987]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Tenth Amendment) Act, 1987.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 54 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 54, in clause (2) , in the proviso, for the \r\nword \"sixty” the word \"thirty\" shall be substituted.\r\n3. Amendment of Article 61 of the Constitution .− In the \r\nConstitution, in Article 61, for the words \"one hundred and sixty\" the \r\nwords \"one hundred and thirty” shall be substituted.\r\n2The Constitution \r\n1This Act received the assent of the President on 25 March 1987; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 29 March 1987, p.1.\r\nConstitution: (Amendment) Order, 2007 | 243\r\n(Twelfth Amendment) Act, 1991\r\n(XIV of 1991)\r\n[28 July 1991]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing. \r\nIt is hereby enacted as follows:− \r\n1. Short title, commencement and duration .− (1) This Act may \r\nbe called the Constitution (Twelfth Amendment) Act, 1991.\r\n(2) It shall come into force at once.\r\n(3) The provisions of this Act, other than those of section 3, shall \r\nremain in force for a period of three years and, on the expiration of the \r\nsaid period, Article 212B inserted by it shall cease to form part of the \r\nConstitution and shall stand repealed.\r\n2. Addition of new Article 212B in the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Part VII, in Chapter 4, after Article 212, the \r\nfollowing new Article shall be added, namely:− \r\n“212B.Establishment of Special Courts for trial of heinous \r\noffences.− (1) In order to ensure speedy trial of cases of persons \r\naccused of such of the heinous offences specified by law as are \r\nreferred to them by the Federal Government, or an authority or \r\nperson authorised by it, in view of their being gruesome, brutal and \r\nsensational in character or shocking to public morality, the Federal \r\nGovernment may by law constitute as many Special Courts as it \r\nmay consider necessary. \r\n(2) Where the Federal Government constitutes more than one \r\nSpecial Court, it shall determine the territorial limits within which \r\neach one of them shall exercise jurisdiction. \r\n(3) A Special Court shall consist of a Judge, being a person \r\nwho is, or has been, or is qualified for appointment as, a Judge of \r\na High Court and is appointed by the Federal Government after \r\nconsultation with the Chief Justice of the High Court. \r\n2This Act received the assent of the President on 27 July 1991; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 28 July 1991, pp. 351-354.\r\n244 | Constitution: (Amendment) Order, 2007\r\n(4) A person other than a Judge of a High Court who is \r\nappointed as a Judge of a Special Court shall hold office for the \r\nperiod this Article remains in force and shall not be removed from \r\noffice except in the manner prescribed in Article 209 for the \r\nremoval from office of a Judge, and, in the application of the said \r\nArticle for the purposes of this clause, any reference in that Article \r\nto a Judge shall be construed as a reference to a Judge of a \r\nSpecial Court. \r\n(5) The law referred to in clause (1) shall make provision for \r\nthe constitution of as many Supreme Appellate Courts as the \r\nFederal Government may consider necessary and for an appeal \r\nagainst the sentence or final order of a Special Court being \r\npreferred to a Supreme Appellate Court which shall consist of − \r\n(a) a Chairman, being a Judge of the Supreme Court to be \r\nnominated by the Federal Government after \r\nconsultation with the Chief Justice of Pakistan; and \r\n(b) two Judges of the High Courts to be nominated by the \r\nFederal Government after consultation with the Chief \r\nJustice of the High Court concerned. \r\n(6) Where the Federal Government constitutes more than one \r\nSupreme Appellate Court, it shall determine the territorial limits \r\nwithin which each one of them shall exercise Jurisdiction. \r\n(7) A Special Court and a Supreme Appellate Court shall \r\ndecide a case or, as the case may be, an appeal within thirty days. \r\n(8) Notwithstanding anything contained in the Constitution, no \r\ncourt shall exercise any jurisdiction whatsoever in relation to any \r\nproceedings before, or order or sentence passed by a Special \r\nCourt or a Supreme Appellate Court constituted under a law \r\nreferred to in clause (I), except as provided in such law.”. \r\n3. Amendment of Fifth Schedule to the Constitution .− In the \r\nConstitution, in the Fifth Schedule,− \r\n(1) in the Part relating to the Supreme Court,− \r\n(a) in the first paragraph,−\r\n(i) for the figure \"7,900\" the figure \"9,900\", and for the \r\nfigure \"7,400\" the figure \"9,500\", shall be \r\nsubstituted; and \r\n(ii) After the words \"per mensem\", at the end, the \r\ncommas and words \", or such higher salary as the \r\nPresident may, from time to time, determine\" shall \r\nbe added; and \r\nConstitution: (Amendment) Order, 2007 | 245\r\n(b) for the third paragraph the following shall be \r\nsubstituted, namely:−\r\n“3. The pension payable to a retired Judge of the \r\nSupreme Court per mensem shall not be less or \r\nmore than the amount specified in the table below, \r\ndepending on the length of his service as Judge in \r\nthat Court or a High Court: \r\nProvided that the President may, from time to \r\ntime, raise the minimum or maximum amount of \r\npension so specified:− \r\nJudge Minimum \r\namount\r\nMaximum amount\r\nChief Justice Rs. 7,000 Rs. 8,000\r\nOther Judge Rs. 6,250 Rs. 7,125; and\r\n(2) in the Part relating to the High Court,− \r\n(a) in the first paragraph,− \r\n(i) for the figure \"7,200\" the figure \"9,400\", and for the \r\nfigure \"6,500\" the figure \"8,400\", shall be \r\nsubstituted; and \r\n(ii) after the words \"per mensem\", at the end, the \r\ncommas and words \", or such higher salary as the \r\nPresident may, from time to time, determine\" shall \r\nbe added; and \r\n(b) for the third paragraph the following shall be \r\nsubstituted, namely:− \r\n“3. The pension payable per mensem to a Judge of a \r\nHigh Court who retires after having put in not less than \r\nfive years service as such Judge shall not be less or \r\nmore than the amount specified in the table below, \r\ndepending on the length of his service as Judge and \r\ntotal service, if any, in the service of Pakistan: \r\nProvided that the President may, from time to time, \r\nraise the minimum or maximum amount of pension so \r\nspecified:− \r\nJudge Minimum \r\namount\r\nMaximum amount\r\n246 | Constitution: (Amendment) Order, 2007\r\nChief Justice Rs. 5,640 Rs. 7,050\r\nOther Judge Rs. 5,040 Rs. 6,300” \r\nConstitution: (Amendment) Order, 2007 | 247\r\n1The Constitution \r\n(Thirteenth Amendment) Act, 1997\r\n(I of 1997)\r\n[4 April 1997]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Thirteenth Amendment) Act, 1997.\r\n(2) It shall come in to force at once. \r\n2. Amendment of Article 58 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 58, in clause (2) sub-clause (b) shall be \r\nomitted. \r\n3. Amendment of Article 101 of the Constitution .− In the \r\nConstitution, in Article 101, in clause (1) for the words \"after \r\nconsultation with\" the words \"on the advice of\" shall be substituted. \r\n4. Amendment of Article 112 of the Constitution .− In the \r\nConstitution, in Article 112, in clause (2) sub-clause (b) shall be \r\nomitted. \r\n5. Amendment of Article 243 of the Constitution .− In the \r\nConstitution, in Article 243, in clause (2) in sub-clause (c) the words \r\n\"in his discretion\" shall be omitted.\r\n1 This Act received the assent of the President on 3 April 1997; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 4 April 1997, pp. 379-380.\r\n248 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Fourteenth Amendment) Act, 1997\r\n(XXIV of 1997)\r\n[4 July 1997]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan in order to prevent instability in relation to \r\nthe formation of functioning of Government; \r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be \r\nConstitution (Fourteenth Amendment) Act, 1997. \r\n(2) It shall come into force at once. \r\n2. Addition of new Article 63A in the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan after Article 63 the \r\nfollowing new Article shall be inserted, namely:− \r\n\"63A Disqualification on ground of defection, etc.− (1) If a \r\nmember of a Parliamentary Party defects, he may by means of \r\na notice in writing addressed to him by the Head of the political \r\nparty, or such other person as may be authorized in this behalf \r\nby the Head of the political party, be called upon to show \r\ncause, within not more than seven days of such a notice, as to \r\nwhy a declaration under clause (2) should not be made against \r\nhim. If a notice is issued under this clause, the Presiding \r\nOfficer of the concerned House shall be informed accordingly. \r\nExplanation.− A member of a House shall be deemed to \r\ndefect from a political party if he, having been elected as such, \r\nas a candidate or nominee of a political party, or under a \r\nsymbol of political party or having been elected otherwise than \r\nas a candidate or nominee of a political party, and having \r\nbecome a member of a political party after such election by \r\nmeans of a declaration in writing − \r\n1 This Act received the assent of the President on 3 July 1997; and, was published in the Gazette \r\nof Pakistan (Extraordinary), Part I, dated: 4 July 1997, pp.1495-1497.\r\nConstitution: (Amendment) Order, 2007 | 249\r\n(a) commits a breach of party discipline which means a \r\nviolation of the party Constitution, code of conduct and \r\ndeclared policies, or \r\n(b) votes contrary to any direction issued by the \r\nParliamentary Party to which he belongs or, \r\n(c) abstains from voting in the House against party policy \r\nin relation to any Bill. \r\n(2) Where action is proposed to be taken under the \r\nExplanation to clause (1), sub-clause (a), the disciplinary \r\ncommittee of the party, on a reference by the Head of the Party, \r\nshall decide the matter, after giving an opportunity of a personal \r\nhearing to the member concerned within seven days. In the event \r\nthe decision is against the member, he can file an appeal, within \r\nseven days, before the Head of the Party, whose decision thereon \r\nshall be final. In cases covered by the Explanation to clause (1), \r\nsub-clause (b) and (c), the declaration may be made by the Head \r\nof the party concerned after examining the explanation of the \r\nmember and determining whether or not that member has \r\ndefected. \r\n(3) The Presiding Officer of the House shall be intimated the \r\ndecision by the Head of the Political Party in addition to an \r\nintimation which shall also be sent to the concerned member. The \r\nPresiding Officer shall within two days transmit the decision to the \r\nChief Election Commissioner. The Chief Election Commissioner, \r\nshall give effect to such decision, within seven days from the date \r\nof the receipt of such intimation by declaring the seat vacant and \r\nannouncing the schedule of the bye-election. \r\n(4) Nothing contained in this Article shall apply to the \r\nChairman or Speaker of a House. \r\n(5) For the purpose of this Article,− \r\n(a) “House” means the National Assembly or the Senate, \r\nin relation to the Federation, and the Provincial \r\nAssembly in relation to the Province, as the case may \r\nbe;\r\n(b) “Presiding Officer” means the Speaker of the National \r\nAssembly, the Chairman of the Senate or the Speaker \r\nof the Provincial Assembly, as case may be. \r\n(6) Notwithstanding anything contained in the Constitution, no \r\ncourt including the Supreme Court and a High Court shall entertain \r\nany legal proceedings, exercise any jurisdiction, or make any order \r\nin relation to any action under this Article.”.\r\n250 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Sixteenth Amendment) Act, 1999\r\n(VII of 1999)\r\n[5 August 1999]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purpose hereinafter appearing; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be \r\nConstitution (Sixteenth Amendment) Act, 1999. \r\n(2) It shall come into force at once. \r\n2. Amendment of Article 27 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, in Article 27, in clause \r\n(1), in the first proviso for the word \"twenty\" the word \"forty\" shall be \r\nsubstituted and shall be deemed always to have been so substituted.\r\n1This Act received the assent of the President on 3 August 1999; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 5 August 1999, p.1237.\r\nConstitution: (Amendment) Order, 2007 | 251\r\n1The Constitution \r\n(Seventeenth Amendment) Act, 2003\r\n(III of 2003)\r\n[31 December 2003]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan.\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Seventeenth Amendment) Act, 2003.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 41 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 41,−\r\n(1) in clause (7), in paragraph (b), for the full stop at the end, a \r\ncolon shall be substituted and thereafter the following \r\nproviso shall be added, namely:− \r\n“Provided that paragraph (d) of clause (1) of Article 63 \r\nshall become operative on and from the 31st day of \r\nDecember, 2004.\"; and \r\n(2) after clause (7) amended as aforesaid, the following new \r\nclauses shall be added, namely:−\r\n“(8) Without prejudice to the provisions of clause \r\n(7), any member or members of a House of Majlis-e-\r\nShoora (Parliament) or of a Provincial Assembly, \r\nindividually or jointly, may, not later than thirty days \r\nfrom the commencement of the Constitution \r\n(Seventeenth Amendment) Act, 2003, move a \r\nresolution for vote of confidence for further affirmation \r\nof the President in office by majority of the members \r\npresent and voting, by division or any other method as \r\nprescribed in the rules made by the Federal \r\nGovernment under clause (9), of the electoral college \r\n1This Act received the assent of the President on 31 December 2003; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 31 December 2003, pp.149-153.\r\n252 | Constitution: (Amendment) Order, 2007\r\nconsisting of members of both Houses of Majlis-e-\r\nShoora (Parliament) and the Provincial Assemblies, in \r\na special session of each House of Majlis-e-Shoora \r\n(Parliament) and of each Provincial Assembly \r\nsummoned for the purpose, and the vote of confidence \r\nhaving been passed, the President, notwithstanding \r\nanything contained in the Constitution or judgment of \r\nany court, shall be deemed to be elected to hold office \r\nfor a term of five years under the Constitution, and the \r\nsame shall not be called in question in any court or \r\nforum on any ground whatsoever.\r\n(9) Notwithstanding anything contained in the \r\nConstitution or any other law for the time being in force, \r\nthe proceedings for the vote of confidence referred to in \r\nclause (8) shall be regulated and conducted by the \r\nChief Election Commissioner in accordance with such \r\nprocedure and the votes shall be counted in such \r\nmanner as may be prescribed by the rules framed by \r\nthe Federal Government: \r\nProvided that clauses (8) and (9) shall be valid only \r\nfor the forthcoming vote of confidence for the current \r\nterm of the President in office.”.\r\n3. Amendment of Article 58 of the Constitution .− In the \r\nConstitution, in Article 58, after clause (2), the following new clause \r\nshall be added, namely:− \r\n“(3) The President in case of dissolution of the National \r\nAssembly under paragraph (b) of clause (2) shall, within fifteen \r\ndays of the dissolution, refer the matter to the Supreme Court and \r\nthe Supreme Court shall decide the reference within thirty days \r\nwhose decision shall be final.\".\r\n4. Amendment of Article 112 of the Constitution .− In the \r\nConstitution, in Article 112, after clause (2), the following new clause \r\nshall be added, namely:− \r\n“(3) The Governor in case of dissolution of the Provisional \r\nAssembly under paragraph (b) of clause (2) shall, within fifteen \r\ndays of the dissolution, refer the matter to the Supreme Court with \r\nthe previous approval of the President and the Supreme Court \r\nshall decide the reference within thirty days whose decision shall \r\nbe final.\".\r\n5. Omission of Article 152A of the Constitution .− In the \r\nConstitution, Article 152A shall be omitted. \r\nConstitution: (Amendment) Order, 2007 | 253\r\n6. Substitution of Article 179 of the Constitution .− In the \r\nConstitution, for Article 179, the following shall be substituted, \r\nnamely:− \r\n“179. Retiring age.− A Judge of the Supreme Court shall hold \r\noffice until he attains the age of sixty-five years, unless he \r\nsooner resigns or is removed from office in accordance with \r\nthe Constitution.”.\r\n7. Substitution of Article 195 of the Constitution .− In the \r\nConstitution, for Article 195, the following shall be substituted, \r\nnamely:− \r\n“195. Retiring age.− A Judge of a High Court shall hold office \r\nuntil he attains the age of sixty-two years, unless he sooner \r\nresigns or is removed from office in accordance with the \r\nConstitution.\".\r\n8. Amendment of Article 243 of the Constitution .− In the \r\nConstitution, in Article 243, in clause (3), for the words \"in his \r\ndiscretion\" the words \"in consultation with the Prime Minister\" shall be \r\nsubstituted.\r\n9. Amendment of Article 268 of the Constitution .− In the \r\nConstitution, in Article 268, in clause (2), for the full stop at the end, a \r\ncolon shall be substituted and thereafter the following proviso shall be \r\nadded, namely:− \r\n“Provided that the laws mentioned at entries 27 to 30 and \r\nentry 35 in the Sixth Schedule shall stand omitted after six \r\nyears.\". \r\n10.Substitution of Article 270AA of the Constitution .− In the \r\nConstitution, for Article 270AA, the following shall be substituted, \r\nnamely:− \r\n\"270AA. Validation and affirmation of laws etc.− (1) The \r\nProclamation of Emergency of the fourteenth day of October, \r\n1999, all President's Orders, Ordinances, Chief Executive's \r\nOrders, including the Provisional Constitution Order No. 1 of \r\n1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), \r\nChief Executive's Order No. 12 of 2002, the amendments \r\nmade in the Constitution through the Legal Framework Order, \r\n2002 (Chief Executive's Order No. 24 of 2002), the Legal \r\nFramework (Amendment) Order, 2002 (Chief Executive's \r\nOrder No. 29 of 2002), the Legal Framework (Second \r\nAmendment) Order, 2002 (Chief Executive's Order No. 32 of \r\n2002) and all other laws made between the twelfth day of \r\n254 | Constitution: (Amendment) Order, 2007\r\nOctober, one thousand nine hundred and ninety-nine and the \r\ndate on which this Article comes into force (both days \r\ninclusive), having been duly made or accordingly affirmed, \r\nadopted and declared to have been validly made by the \r\ncompetent authority and notwithstanding anything contained in \r\nthe Constitution shall not be called in question in any court or \r\nforum on any ground whatsoever.\r\n(2) All orders made, proceedings taken, appointments \r\nmade, including secondments and deputations, and acts done \r\nby any authority, or by any person, which were made, taken or \r\ndone, or purported to have been made, taken or done, \r\nbetween the twelfth day of October, one thousand nine \r\nhundred and ninety-nine, and the date on which this Article \r\ncomes into force (both days inclusive), in exercise of the \r\npowers derived from any Proclamation, President's Orders, \r\nOrdinances, Chief Executive's Orders, enactments, including \r\namendments in the Constitution, notifications, rules, orders, \r\nbye-laws or in execution of or in compliance with any orders \r\nmade or sentences passed by any authority in the exercise or \r\npurported exercise of powers as aforesaid, shall, \r\nnotwithstanding any judgment of any court, be deemed to be \r\nand always to have been validly made, taken or done and shall \r\nnot be called in question in any court or forum on any ground \r\nwhatsoever.\r\n(3) All Proclamations, President's Orders, Ordinances, \r\nChief Executive's Orders, laws, regulations, enactments, \r\nincluding amendments in the Constitution, notification, rules, \r\norders or bye-laws in force immediately before the date on \r\nwhich this Article comes into force shall continue in force, until \r\naltered, repealed or amended by the competent authority. \r\nExplanation.− In this clause, \"competent authority\" means,− \r\n(a) in respect of President's Orders, Ordinances, \r\nChief Executive's Orders and enactments, \r\nincluding amendments in the Constitution, the \r\nappropriate Legislature; and \r\n(b) in respect of notifications, rules, orders and bye-\r\nlaws, the authority in which the power to make, \r\nalter, repeal or amend the same vests under the \r\nlaw. \r\n(4) No suit, prosecution or other legal proceedings, \r\nincluding writ petitions, shall lie in any court or forum against \r\nany authority or any persons, for or on account of or in respect \r\nof any order made, proceedings taken or act done whether in \r\nConstitution: (Amendment) Order, 2007 | 255\r\nthe exercise or purported exercise of the powers referred to in \r\nclause (2) or in execution of or in compliance with orders made \r\nor sentences passed in exercise or purported exercise of such \r\npowers.\r\n(5) For the purposes of clauses (1), (2) and (4), all orders \r\nmade, proceedings taken, appointments made, including \r\nsecondments and deputations, acts done or purporting to be \r\nmade, taken or done by any authority or person shall be \r\ndeemed to have been made, taken or done in good faith and \r\nfor the purpose intended to be served thereby.”.\r\n256 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Eighteenth Amendment) Act, 2010\r\n(X of 2010)\r\n[20 April 2010]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing; \r\nAND WHEREAS the people of Pakistan have relentlessly struggled \r\nfor democracy and for attaining the ideals of a Federal, Islamic, \r\ndemocratic, parliamentary and modern progressive welfare State, \r\nwherein the rights of the citizens are secured and the Provinces have \r\nequitable share in the Federation; \r\nAND WHEREAS it is necessary that the Legal Framework Order, \r\n2002, as amended by the Chief Executive's Order No. 29 and the \r\nChief Executive's Order No. 32 of 2002, be declared as having been \r\nmade without lawful authority and of no legal effect, and the \r\nConstitution (Seventeenth Amendment) Act, 2003 (Act No. III of \r\n2003), be repealed and the Constitution further amended to achieve \r\nthe aforesaid objectives; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Eighteenth Amendment) Act, 2010.\r\n(2) It shall come into force at once, save as otherwise provided in \r\nthis Act.\r\n2. Repeal, etc .− Subject to Article 264 and the provisions of the \r\nConstitution (Eighteenth Amendment) Act, 2010,− \r\n(a) the Legal Framework Order, 2002 (Chief Executive's Order \r\nNo. 24 of 2002), the Legal Framework (Amendment) Order, \r\n2002 (Chief Executive's Order No. 29 of 2002) and the \r\nLegal Framework (Second Amendment) Order, 2002 (Chief \r\nExecutive's Order No. 32 of 2002), are hereby declared to \r\nhave been made without lawful authority and of no legal \r\neffect and, therefore shall stand repealed; and \r\n1 This Act received the assent of the President on 19 April 2010; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 20 April 2010, pp.267-316.\r\nConstitution: (Amendment) Order, 2007 | 257\r\n(b) the Constitution (Seventeenth Amendment) Act, 2003 (Act \r\nNo. III of 2003), is hereby repealed.\r\n3. Amendment of Article 1 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 1, in clause (2), in paragraph (a), for the \r\nword “Baluchistan” the word “Balochistan”, for the words “North West \r\nFrontier” the words “Khyber Pakhtunkhwa”, and for the word “Sind” the \r\nword “Sindh”, shall be substituted. \r\n4. Amendment of Article 6 of the Constitution .− In the \r\nConstitution, in Article 6,− \r\n(i) for clause (1), the following shall be substituted, namely:− \r\n“(1) Any person who abrogates or subverts or suspends or \r\nholds in abeyance, or attempts or conspires to abrogate or \r\nsubvert or suspend or hold in abeyance, the Constitution \r\nby use of force or show of force or by any other \r\nunconstitutional means shall be guilty of high treason.\r\n(ii) in clause (2), after the word “abetting” the word “or \r\ncollaborating” shall be inserted; and \r\n(iii) after clause (2) amended as aforesaid, the following new \r\nclause shall be inserted, namely:− \r\n“(2A) An act of high treason mentioned in clause (1) \r\nor clause (2) shall not be validated by any court including \r\nthe Supreme Court and a High Court.”.\r\n5. Insertion of new Article in the Constitution .− In the \r\nConstitution, after Article 10, the following new Article shall be \r\ninserted, namely:− \r\n“10A. Right to fair trial.− For the determination of his civil rights \r\nand obligations or in any criminal charge against him a person \r\nshall be entitled to a fair trial and due process.”\r\n6. Substitution of Article 17 of the Constitution .− In the \r\nConstitution, for Article 17, the following shall be substituted, namely:− \r\n“17. Freedom of association .− (1) Every citizen shall have the \r\nright to form associations or unions, subject to any reasonable \r\nrestrictions imposed by law in the interest of sovereignty or \r\nintegrity of Pakistan, public order or morality.\r\n(2) Every citizen, not being in the service of Pakistan, shall have \r\nthe right to form or be a member of a political party, subject to any \r\nreasonable restrictions imposed by law in the interest of the \r\nsovereignty or integrity of Pakistan and such law shall provide that \r\n258 | Constitution: (Amendment) Order, 2007\r\nwhere the Federal Government declares that any political party has \r\nbeen formed or is operating in a manner prejudicial to the sovereignty \r\nor integrity of Pakistan, the Federal Government shall, within fifteen \r\ndays of such declaration, refer the matter to the Supreme Court \r\nwhose decision on such reference shall be final.\r\n(3) Every political party shall account for the source of its funds in \r\naccordance with law.”.\r\n7. Insertion of new Article in the Constitution .− In the \r\nConstitution, after Article 19, the following new Article shall be \r\ninserted, namely:− \r\n“19A. Right to information .− Every citizen shall have the right to \r\nhave access to information in all matters of public importance \r\nsubject to regulation and reasonable restrictions imposed by law.”.\r\n8. Amendment of Article 25 of the Constitution .− In the \r\nConstitution, in Article 25, in clause (2), the word “alone” occurring at \r\nthe end shall be omitted.\r\n9. Insertion of new Article in the Constitution .− In the \r\nConstitution, after Article 25, the following new Article shall be \r\ninserted, namely:− \r\n“25A. Right to education.− The State shall provide free and \r\ncompulsory education to all children of the age of five to sixteen \r\nyears in such manner as may be determined by law.”.\r\n10.Amendment of Article 27 of the Constitution .− In the \r\nConstitution, in Article 27, in clause (1), in the second proviso, for the \r\nfull stop at the end a colon shall be substituted and thereafter the \r\nfollowing proviso shall be inserted, namely:− \r\n“Provided also that under-representation of any class or area \r\nin the service of Pakistan may be redressed in such manner as \r\nmay be determined by an Act of Majlis-e-Shoora (Parliament).”.\r\n11.Amendment of Article 29 of the Constitution .− In the \r\nConstitution, in Article 29, in clause (3), for the word “the National \r\nAssembly” occurring for the first time the words and brackets, “each \r\nHouse of Majlis-e-Shoora (Parliament)” shall be substituted and after \r\nthe word “National Assembly” occurring for the second time the words \r\n“and the Senate” shall be inserted. \r\n12.Amendment of Article 38 of the Constitution .− In the \r\nConstitution, in Article 38,− \r\n(i) in paragraph (e), the word “and” at the end shall be \r\nomitted; \r\nConstitution: (Amendment) Order, 2007 | 259\r\n(ii) in paragraph (f), for the full stop at the end a semicolon and \r\nthe word “; and” shall be added and after paragraph (f) \r\namended as aforesaid, the following new paragraph shall \r\nbe added, namely:− \r\n“(g) ensure that the share of the Provinces in all Federal \r\nservices, including autonomous bodies and \r\ncorporations established by, or under the control of, the \r\nFederal Government, shall be secured and any \r\nomission in the allocation of the shares of the \r\nProvinces in the past shall be rectified.” .\r\n13.Amendment of Article 41 of the Constitution .− In the \r\nConstitution, in Article 41,− \r\n(i) in clause (3), the words, brackets and figure “to be elected \r\nafter the term specified in clause (7)” shall be omitted; and \r\n(ii) clauses (7), (8) and (9) shall be omitted.\r\n14.Substitution of Article 46 of the Constitution .− In the \r\nConstitution, for Article 46, the following shall be substituted, namely:− \r\n“46. President to be kept informed.− The Prime Minister shall \r\nkeep the President informed on all matters of internal and \r\nforeign policy and on all legislative proposals the Federal \r\nGovernment intends to bring before Majlis-e-Shoora \r\n(Parliament).”.\r\n15.Amendment of Article 48 of the Constitution .− In the \r\nConstitution, in Article 48,− \r\n(i) in clause (1),− \r\n(a) after the word “act” the words “on and” shall be \r\ninserted; and \r\n(b) in the proviso, after the word “that” the words “within \r\nfifteen days” shall be inserted and after the word “shall” \r\nthe commas and words “, within ten days,” shall be \r\ninserted; and \r\n(ii) for clause (5) the following shall be substituted, namely:− \r\n“(5) Where the President dissolves the National \r\nAssembly, notwithstanding anything contained in clause \r\n(1), he shall,− \r\n(a) appoint a date, not later than ninety days from \r\nthe date of the dissolution, for the holding of a \r\ngeneral election to the Assembly; and \r\n260 | Constitution: (Amendment) Order, 2007\r\n(b) appoint a care-taker Cabinet.”.\r\n(iii) for clause (6) the following shall be substituted, namely:− \r\n“(6) If at any time the Prime Minister considers it \r\nnecessary to hold a referendum on any matter of national \r\nimportance, he may refer the matter to a joint sitting of the \r\nMajlis-e-Shoora (Parliament) and if it is approved in a joint \r\nsitting, the Prime Minister may cause such matter to be \r\nreferred to a referendum in the form of a question that is \r\ncapable of being answered by either “Yes” or “No”.”.\r\n16.Substitution of Article 51 of the Constitution .− In the \r\nConstitution, for Article 51, the following shall be substituted and shall \r\nbe deemed always to have been so substituted with effect from the \r\n21st day of August, 2002, namely:− \r\n“51. National Assembly .− (1) There shall be three hundred \r\nand forty-two seats for members in the National Assembly, \r\nincluding seats reserved for women and non-Muslims.\r\n(2) A person shall be entitled to vote if − \r\n(a) he is a citizen of Pakistan;\r\n(b) he is not less than eighteen years of age;\r\n(c) his name appears on the electoral roll; and\r\n(d) he is not declared by a competent court to be of \r\nunsound mind.\r\n(3) The seats in the National Assembly referred to in clause \r\n(1), except as provided in clause (4), shall be allocated to each \r\nProvince, the Federally Administered Tribal Areas and the Federal \r\nCapital as under:− \r\nGeneral \r\nSeats Women Total\r\nBalochistan 14 3 17\r\nKhyber Pakhtunkhwa 35 8 43\r\nPunjab 148 35 183\r\nSindh 61 14 75\r\nFederally Administered Tribal Areas 12 - 12\r\nFederal Capital 2 - 2\r\nTotal 272 60 332\r\nConstitution: (Amendment) Order, 2007 | 261\r\n(4) In addition to the number of seats referred to in clause (3), \r\nthere shall be, in the National Assembly, ten seats reserved for \r\nnon-Muslims.\r\n(5) The seats in the National Assembly shall be allocated to \r\neach Province, the Federally Administered Tribal Areas and the \r\nFederal Capital on the basis of population in accordance with the \r\nlast preceding census officially published.\r\n(6) For the purpose of election to the National Assembly,− \r\n(a) the constituencies for the general seats shall be single \r\nmember territorial constituencies and the members to \r\nfill such seats shall be elected by direct and free vote in \r\naccordance with law; \r\n(b) each Province shall be a single constituency for all \r\nseats reserved for women which are allocated to the \r\nrespective Provinces under clause (3); \r\n(c) the constituency for all seats reserved for non-Muslims \r\nshall be the whole country; \r\n(d) members to the seats reserved for women which are \r\nallocated to a Province under clause (3) shall be \r\nelected in accordance with law through proportional \r\nrepresentation system of political parties' lists of \r\ncandidates on the basis of total number of general \r\nseats secured by each political party from the Province \r\nconcerned in the National Assembly: \r\nProvided that for the purpose of this paragraph the \r\ntotal number of general seats won by a political party \r\nshall include the independent returned candidate or \r\ncandidates who may duly join such political party within \r\nthree days of the publication in the official Gazette of \r\nthe names of the returned candidates; and\r\n(e) members to the seats reserved for non-Muslims shall \r\nbe elected in accordance with law through proportional \r\nrepresentation system of political parties' lists of \r\ncandidates on the basis of total number of general \r\nseats won by each political party in the National \r\nAssembly: \r\nProvided that for the purpose of this paragraph the \r\ntotal number of general seats won by a political party \r\nshall include the independent returned candidate or \r\ncandidates who may duly join such political party within \r\n262 | Constitution: (Amendment) Order, 2007\r\nthree days of the publication in the official Gazette of \r\nthe names of the returned candidates.” \r\n17.Substitution of Article 58 of the Constitution .− In the \r\nConstitution, for Article 58, the following shall be substituted, namely:− \r\n“58. Dissolution of the National Assembly .− (1) The \r\nPresident shall dissolve the National Assembly if so advised by the \r\nPrime Minister; and the National Assembly shall, unless sooner \r\ndissolved, stand dissolved at the expiration of forty-eight hours \r\nafter the Prime Minister has so advised. \r\nExplanation.− Reference in this Article to “Prime Minister” shall \r\nnot be construed to include reference to a Prime Minister against \r\nwhom a notice of a resolution for a note of no-confidence has \r\nbeen given in the National Assembly but has not been voted upon \r\nor against whom such a resolution has been passed or who is \r\ncontinuing in office after his resignation or after the dissolution of \r\nthe National Assembly. \r\n(2) Notwithstanding anything contained in clause (2) or Article \r\n48, the President may also dissolve the National Assembly in his \r\ndiscretion where, a vote of no-confidence having been passed \r\nagainst the Prime Minister, no other member of the National \r\nAssembly commands the confidence of the majority of the \r\nmembers of the National Assembly in accordance with the \r\nprovisions of the Constitution, as ascertained in a session of the \r\nNational Assembly summoned for the purpose.”.\r\n18.Substitution of Article 59 of the Constitution .− In the \r\nConstitution, for Article 59, the following shall be substituted, namely:− \r\n“59. The Senate .− (1) The Senate shall consist of one hundred \r\nand four members, of whom,− \r\n(a) fourteen shall be elected by the members of each \r\nProvincial Assembly;\r\n(b) eight shall be elected from the Federally Administered \r\nTribal Areas, in such manner as the President may, by \r\nOrder, prescribe;\r\n(c) two on general seats, and one woman and one technocrat \r\nincluding aalim shall be elected from the Federal Capital in \r\nsuch manner as the President may, by Order, prescribe; \r\n(d) four women shall be elected by the members of each \r\nProvincial Assembly;\r\n(e) four technocrats including ulema shall be elected by the \r\nmembers of each Provincial Assembly; and\r\nConstitution: (Amendment) Order, 2007 | 263\r\n(f) four non-Muslims, one from each Province, shall be elected \r\nby the members of each Provincial Assembly:\r\nProvided that paragraph (f) shall be effective from the \r\nnext Senate election after the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010. \r\n(2) Election to fill seats in the Senate allocated to each \r\nProvince shall be held in accordance with the system of \r\nproportional representation by means of the single transferable \r\nvote.\r\n(3) The Senate shall not be subject to dissolution but the term \r\nof its members, who shall retire as follows, shall be six years: \r\n(a) of the members referred to in paragraph (a) of clause \r\n(1), seven shall retire after the expiration of the first \r\nthree years and seven shall retire after the expiration of \r\nthe next three years; \r\n(b) of the members referred to in paragraph (b) of the \r\naforesaid clause, four shall retire of the expiration of the \r\nfirst three years and four shall retire after the expiration \r\nof the next three years; \r\n(c) of the members referred to in paragraph (c) of the \r\naforesaid clause,− \r\n(i) one elected on general seat shall retire after the \r\nexpiration of the first three years and the other one \r\nshall retire after the expiration of the next three \r\nyears; and \r\n(ii) one elected on the seat reserved for technocrat \r\nshall retire after the first three years and the one \r\nelected on the seat reserved for women shall retire \r\nafter the expiration of the next three years; \r\n(d) of the members referred to in paragraph (d) of the \r\naforesaid clause, two shall retire after the expiration of \r\nthe first three years and two shall retire after the \r\nexpiration of the next three years; \r\n(e) of the members referred to in paragraph (e) of the \r\naforesaid clause, two shall retire after the expiration of \r\nthe first three years and two shall retire after the \r\nexpiration of the next three years; and \r\n(f) of the members referred to in paragraph (f) of the \r\naforesaid clause, two shall retire after the expiration of \r\n264 | Constitution: (Amendment) Order, 2007\r\nfirst three years and two shall retire after the expiration \r\nof next three years: \r\nProvided that the Election Commission for the first \r\nterm of seats for non-Muslims shall draw a lot as to \r\nwhich two members shall retire after the first three \r\nyears. \r\n(4) The term of office of a person elected to fill a casual \r\nvacancy shall be the unexpired term of the member whose \r\nvacancy he has filled.”.\r\n19.Amendment of Article 61 of the Constitution .− In the \r\nConstitution, in Article 61, for the word “ninety” the words “one \r\nhundred and ten” shall be substituted. \r\n20.Substitution of Article 62 of the Constitution .− In the \r\nConstitution, for Article 62, the following shall be substituted, namely:− \r\n“62.Qualifications for membership of Majlis-e-Shoora \r\n(Parliament).− (1) A person shall not be qualified to be elected \r\nor chosen as a member of Majlis-e-Shoora (Parliament) \r\nunless− \r\n(a) he is a citizen of Pakistan;\r\n(b) he is, in the case of the National Assembly, not less \r\nthan twenty -five years of age and is enrolled as a voter \r\nin any electoral roll in − \r\n(i) any part of Pakistan, for election to a general seat \r\nor a seat reserved for non-Muslims; and\r\n(ii) any area in a Province from which she seeks \r\nmembership for election to a seat reserved for \r\nwomen.\r\n(c) he is, in the case of the Senate, not less than thirty \r\nyears of age and is enrolled as a voter in any area in a \r\nProvince or, as the case may be, the Federal Capital or \r\nthe Federally Administered Tribal Areas, from where he \r\nseeks membership; \r\n(d) he is of good character and is not commonly known as \r\none who violates Islamic Injunctions; \r\n(e) he has adequate knowledge of Islamic teachings and \r\npractices obligatory duties prescribed by Islam as well \r\nas abstains from major sins; \r\nConstitution: (Amendment) Order, 2007 | 265\r\n(f) he is sagacious, righteous, non-profligate, honest and \r\nameen, there being no declaration to the contrary by a \r\ncourt of law; and\r\n(g) he has not, after the establishment of Pakistan, worked \r\nagainst the integrity of the country or opposed the \r\nideology of Pakistan.\r\n(2) The disqualifications specified in paragraphs (d) and (e) \r\nshall not apply to a person who is a non-Muslim, but such a \r\nperson shall have good moral reputation;”. \r\n21.Substitution of Article 63 of the Constitution .− In the \r\nConstitution, for Article 63, the following shall be substituted, namely:− \r\n“63. Disqualifications for membership of Majlis-e-Shoora \r\n(Parliament).− (1) A person shall be disqualified from being \r\nelected or chosen as, and from being, a member of the Majlis-\r\ne-Shoora (Parliament), if − \r\n(a) he is of unsound mind and has been so declared by a \r\ncompetent court; or \r\n(b) he is an undischarged insolvent; or\r\n(c) he ceases to be a citizen of Pakistan, or acquires the \r\ncitizenship of a foreign State; or \r\n(d) he holds an office of profit in the service of Pakistan \r\nother than an office declared by law not to disqualify its \r\nholder; or \r\n(e) he is in the service of any statutory body or any body \r\nwhich is owned or controlled by the Government or in \r\nwhich the Government has a controlling share or \r\ninterest; or \r\n(f) being a citizen of Pakistan by virtue of section 14B of \r\nthe Pakistan Citizenship Act, 1951 (II of 1951), he is for \r\nthe time being disqualified under any law in force in \r\nAzad Jammu and Kashmir from being elected as a \r\nmember of the Legislative Assembly of Azad Jammu \r\nand Kashmir; or \r\n(g) he has been convicted by a court of competent \r\njurisdiction for propagating any opinion, or acting in any \r\nmanner, prejudicial to the ideology of Pakistan, or the \r\nsovereignty, integrity or security of Pakistan, or the \r\nintegrity or independence of the judiciary of Pakistan, or \r\nwhich defames or brings into ridicule the judiciary or the \r\n266 | Constitution: (Amendment) Order, 2007\r\nArmed Forces of Pakistan, unless a period of five years \r\nhas elapsed since his release; or \r\n(h) he has been, on conviction for any offence involving \r\nmoral turpitude, sentenced to imprisonment for a term \r\nof not less than two years, unless a period of five years \r\nhas elapsed since his release; or \r\n(i) he has been dismissed from the service of Pakistan or \r\nservice of a corporation or office set up or controlled by \r\nthe Federal Government, Provincial Government or a \r\nLocal Government on the grounds of misconduct, \r\nunless a period of five years has elapsed since his \r\ndismissal; or \r\n(j) he has been removed or compulsorily retired from the \r\nservice of Pakistan or service of a corporation or office \r\nset up or controlled by the Federal Government, \r\nProvincial Government or a Local Government on the \r\nground of misconduct, unless a period of three years \r\nhas elapsed since his removal or compulsory \r\nretirement; or \r\n(k) he has been in the service of Pakistan or of any \r\nstatutory body or any body which is owned or controlled \r\nby the Government or in which the Government has a \r\ncontrolling share or interest, unless a period of two \r\nyears has elapsed since he ceased to be in such \r\nservice; or \r\n(l) he, whether by himself or by any person or body of \r\npersons in trust for him or for his benefit or on his \r\naccount or as a member of a Hindu undivided family, \r\nhas any share or interest in a contract, not being a \r\ncontract between a cooperative society and \r\nGovernment, for the supply of goods to, or for the \r\nexecution of any contract or for the performance of any \r\nservice undertaken by, Government: \r\nProvided that the disqualification under this \r\nparagraph shall not apply to a person − \r\n(i) where the share or interest in the contract devolves \r\non him by inheritance or succession or as a \r\nlegatee, executor or administrator, until the \r\nexpiration of six months after it has so devolved on \r\nhim; \r\n(ii) where the contract has been entered into by or on \r\nbehalf of a public company as defined in the \r\nConstitution: (Amendment) Order, 2007 | 267\r\nCompanies Ordinance, 1984 (XLVII of 1984), of \r\nwhich he is a shareholder but is not a director \r\nholding an office of profit under the company; or \r\n(iii) where he is a member of a Hindu undivided family \r\nand the contract has been entered into by any other \r\nmember of that family in the course of carrying on a \r\nseparate business in which he has no share or \r\ninterest; or \r\nExplanation.−In this Article “goods” does not \r\ninclude agricultural produce or commodity grown or \r\nproduced by him or such goods as he is, under any \r\ndirective of Government or any law for the time \r\nbeing in force, under a duty or obligation to supply. \r\n(m)he holds any office of profit in the service of Pakistan \r\nother than the following offices, namely:− \r\n(i) an office which is not whole time office remunerated \r\neither by salary or by fee; \r\n(ii) the office of Lumbardar, whether called by this or \r\nany other title; \r\n(iii) the Qaumi Razakars;\r\n(iv) any office the holder whereof, by virtue of such \r\noffice, is liable to be called up for military training or \r\nmilitary service under any law providing for the \r\nconstitution or raising of a Force; or \r\n(n) he has obtained a loan for an amount of two million \r\nrupees or more, from any bank, financial institution, \r\ncooperative society or cooperative body in his own \r\nname or in the name of his spouse or any of his \r\ndependents, which remains unpaid for more than one \r\nyear from the due date, or has got such loan written off; \r\nor \r\n(o) he or his spouse or any of his dependents has \r\ndefaulted in payment of government dues and utility \r\nexpenses, including telephone, electricity, gas and \r\nwater charges in excess of ten thousand rupees, for \r\nover six months, at the time of filing his nomination \r\npapers; or \r\n(p) he is for the time being disqualified from being elected \r\nor chosen as a member of the Majlis-e-Shoora \r\n(Parliament) or of a Provincial Assembly under any law \r\nfor the time being in force. \r\n268 | Constitution: (Amendment) Order, 2007\r\nExplanation.− For the purposes of this paragraph \r\n“law” shall not include an Ordinance promulgated under \r\nArticle 89 or Article 128. \r\n(2) If any question arises whether a member of the Majlis-e-\r\nShoora (Parliament) has become disqualified from being a \r\nmember, the Speaker or, as the case may be, the Chairman shall, \r\nunless he decides that no such question has arisen, refer the \r\nquestion to the Election Commission within thirty days and if he \r\nfails to do so within the aforesaid period it shall be deemed to have \r\nbeen referred to the Election Commission.\r\n(3) The Election Commission shall decide the question within \r\nninety days from its receipt or deemed to have been received and \r\nif it is of the opinion that the member has become disqualified, he \r\nshall cease to be a member and his seat shall become vacant.”.\r\n22.Substitution of Article 63A of the Constitution.− In the \r\nConstitution, for Article 63A, the following shall be substituted, \r\nnamely:− \r\n“63A. Disqualification on grounds of defection, etc.− (1) If a \r\nmember of a Parliamentary Party composed of a single \r\npolitical party in a House − \r\n(a) resigns from membership of his political party or joins \r\nanother Parliamentary Party; or \r\n(b) votes or abstains from voting in the House contrary to \r\nany direction issued by the Parliamentary Party to which \r\nhe belongs, in relation to − \r\n(i) election of the Prime Minister or the Chief Minister; \r\nor\r\n(ii) a vote of confidence or a vote of no-confidence; or\r\n(iii) a Money Bill or a Constitution (Amendment) Bill;\r\nhe may be declared in writing by the Party Head to have \r\ndefected from the political party, and the Party Head may \r\nforward a copy of the declaration to the Presiding Officer and \r\nthe Chief Election Commissioner and shall similarly forward a \r\ncopy thereof to the member concerned: \r\nProvided that before making the declaration, the Party \r\nHead shall provide such member with an opportunity to \r\nshow cause as to why such declaration may not be made \r\nagainst him. \r\nConstitution: (Amendment) Order, 2007 | 269\r\nExplanation.− “Party Head” means any person, by \r\nwhatever name called, declared as such by the Party. \r\n(2) A member of a House shall be deemed to be a member of \r\na Parliamentary Party if he, having been elected as a candidate or \r\nnominee of a political party which constitutes the Parliamentary \r\nParty in the House or, having been elected otherwise than as a \r\ncandidate or nominee of a political party, has become a member \r\nof such Parliamentary Party after such election by means of a \r\ndeclaration in writing.\r\n(3) Upon receipt of the declaration under clause (1), the \r\nPresiding Officer of the House shall within two days refer, and in \r\ncase he fails to do so it shall be deemed that he has referred, the \r\ndeclaration to the Chief Election Commissioner who shall lay the \r\ndeclaration before the Election Commission for its decision \r\nthereon confirming the declaration or otherwise within thirty days \r\nof its receipt by the Chief Election Commissioner.\r\n(4) Where the Election Commission confirms the declaration, \r\nthe member referred to in clause (1) shall cease to be a member \r\nof the House and his seat shall become vacant.\r\n(5) Any party aggrieved by the decision of the Election \r\nCommission may, within thirty days, prefer an appeal to the \r\nSupreme Court which shall decide the matter within ninety days \r\nfrom the date of the filing of the appeal.\r\n(6) Nothing contained in this Article shall apply to the \r\nChairman or Speaker of a House.\r\n(7) For the purpose of this Article,− \r\n(a) “House” means the National Assembly or the Senate, \r\nin relation to the Federation; and a Provincial Assembly \r\nin relation to the Province, as the case may be;\r\n(b) “Presiding Officer” means the Speaker of the National \r\nAssembly, the Chairman of the Senate or the Speaker \r\nof the Provincial Assembly, as the case may be. \r\n(8) Article 63A substituted as aforesaid shall come into effect \r\nfrom the next general elections to be held after the \r\ncommencement of the Constitution (Eighteenth Amendment) Act, \r\n2010: \r\nProvided that till Article 63A substituted as aforesaid comes \r\ninto effect the provisions of existing Article 63A shall remain \r\noperative.”. \r\n270 | Constitution: (Amendment) Order, 2007\r\n23.Substitution of Article 70 of the Constitution .− In the \r\nConstitution, for Article 70, the following shall be substituted, namely:− \r\n“70. Introduction and passing of Bills .− (1) A Bill with \r\nrespect to any matter in the Federal Legislative List may \r\noriginate in either House and shall, if it is passed by the House \r\nin which it originated, be transmitted to the other House; and, if \r\nthe Bill is passed without amendment by the other House also, \r\nit shall he presented to the President for assent.\r\n(2) If a Bill transmitted to a House under clause (1) is \r\npassed with amendments it shall be sent back to the House in \r\nwhich it originated and if that House passes the Bill with those \r\namendments it shall be presented to the President for assent.\r\n(3) If a Bill transmitted to a House under clause (1) is \r\nrejected or is not passed within ninety days of its laying in the \r\nHouse or a Bill sent to a House under clause (2) with \r\namendments is not passed by that House with such \r\namendments, the Bill, at the request of the House in which it \r\noriginated, shall be considered in a joint sitting and if passed \r\nby the votes of the majority of the members present and voting \r\nin the joint sitting it shall be presented to the President for \r\nassent.\r\n(4) In this Article and the succeeding provisions of the \r\nConstitution, “Federal Legislative List” means the Federal \r\nLegislative List and the in the Fourth Schedule.”.\r\n24.Omission of Article 71 of the Constitution .− In the \r\nConstitution, Article 71 shall be omitted.\r\n25.Amendment of Article 73 of the Constitution .− In the \r\nConstitution, in Article 73,− \r\n(i) For clause (1) the following shall be substituted, namely:− \r\n“(1) Notwithstanding anything contained in Article 70, a \r\nMoney Bill shall originate in the National Assembly: \r\nProvided that simultaneously when a Money Bill, \r\nincluding the Finance Bill containing the Annual Budget \r\nStatement, is presented in the National Assembly, a copy \r\nthereof shall be transmitted to the Senate which may, \r\nwithin fourteen days, make recommendations thereon to \r\nthe National Assembly.”; and \r\n(ii) after clause (1), substituted as aforesaid, the following new \r\nclause shall be inserted, namely:- \r\nConstitution: (Amendment) Order, 2007 | 271\r\n“(1A) The National Assembly shall consider the \r\nrecommendations of the Senate and after the Bill has been \r\npassed by the Assembly with or without incorporating the \r\nrecommendations of the Senate, it shall be presented to \r\nthe President for assent.”.\r\n26.Amendment of Article 75 of the Constitution .− In the \r\nConstitution, in Article 75,− \r\n(i) in clause (1), for the word “thirty”, the word “ten” shall be \r\nsubstituted;\r\n(ii) for clause (2), the following shall be substituted, namely:− \r\n“(2) When the President has returned a Bill to the Majlis-e-\r\nShoora (Parliament), it shall be reconsidered by the Majlis-\r\ne-Shoora (Parliament) in joint sitting and, if it is again \r\npassed, with or without amendment, by the Majlis-e-Shoora \r\n(Parliament), by the votes of the majority of the members of \r\nboth Houses present and voting, it shall be deemed for the \r\npurposes of the Constitution to have been passed by both \r\nHouses and shall be presented to the President, and the \r\nPresident shall give his assent within ten days, failing \r\nwhich such assent shall be deemed to have been given.”; \r\nand \r\n(iii) in clause (3), after the word “assented”, the words “or is \r\ndeemed to have assented”, shall be inserted. \r\n27.Amendment of Article 89 of the Constitution .− In the \r\nConstitution, in Article 89,− \r\n(i) in clause (1), before the words “National Assembly” the \r\nwords “Senate or” shall be inserted; \r\n(ii) in clause (2), in paragraph (a),− \r\n(a) in sub-paragraph (i), for the words “four months” the \r\nwords “one hundred and twenty days” shall be \r\nsubstituted; and for the semi-colon at the end a colon \r\nshall be substituted and thereafter the following proviso \r\nshall be inserted, namely: − \r\n“Provided that the National Assembly may by a \r\nresolution extend the Ordinance for a further period of \r\none hundred and twenty days and it shall stand \r\nrepealed at the expiration of the extended period, or if \r\nbefore the expiration of that period a resolution \r\ndisapproving it is passed by the Assembly, upon the \r\npassing of that resolution: \r\n272 | Constitution: (Amendment) Order, 2007\r\nProvided further that extension for further period \r\nmay be made only once.”; and \r\n(b) in sub-paragraph (ii), for the words “four months” the \r\nwords “one hundred and twenty days” shall be \r\nsubstituted and for the semi-colon and the word “; and” \r\nat the end a colon shall be substituted and thereafter \r\nthe following provisos shall be inserted, namely:− \r\nProvided that either House may by a resolution \r\nextend it for a further period of one hundred and twenty \r\ndays and it shall stand repealed at the expiration of the \r\nextended period, or if before the expiration of that \r\nperiod a resolution disapproving it is passed by a \r\nHouse, upon the passing of that resolution: \r\nProvided further that extension for a further \r\nperiod may be made only once; and\r\n(iii) for clause (3), the following shall be substituted, namely:− \r\n“(3) without prejudice to the provisions of clause (2),− \r\n(a) an Ordinance laid before the National Assembly \r\nunder sub-paragraph (i) of paragraph (a) of \r\nclause (2) shall be deemed to be a Bill \r\nintroduced in the National Assembly; and \r\n(b) an Ordinance laid before both Houses under \r\nsub-paragraph (ii) of paragraph (a) of clause (2) \r\nshall be deemed to be a Bill introduced in the \r\nHouse where it was first laid.”. \r\n28.Substitution of Article 90 of the Constitution .− In the \r\nConstitution, for Article 90, the following shall be substituted, namely:− \r\n“90. The Federal Government .− (1) Subject to the \r\nConstitution, the executive authority of the Federation shall be \r\nexercised in the name of the President by the Federal \r\nGovernment, consisting of the Prime Minister and the Federal \r\nMinisters, which shall act through the Prime Minister, who shall \r\nbe the chief executive of the Federation.\r\n(2) In the performance of his functions under the \r\nConstitution, the Prime Minister may act either directly or \r\nthrough the Federal Ministers.”.\r\n29.Substitution of Article 91 of the Constitution .− In the \r\nConstitution, for Article 91, the following shall be substituted, namely:− \r\nConstitution: (Amendment) Order, 2007 | 273\r\n“91.The Cabinet .− (1) There shall be a Cabinet of Ministers, \r\nwith the Prime Minister at its head, to aid and advise the \r\nPresident in the exercise of his functions.\r\n(2) The National Assembly shall meet on the twenty-first \r\nday following the day on which a general election to the \r\nAssembly is held, unless sooner summoned by the President.\r\n(3) After the election of the Speaker and the Deputy \r\nSpeaker, the National Assembly shall, to the exclusion of any \r\nother business, proceed to elect without debate one of its \r\nMuslim members to be the Prime Minister.\r\n(4) The Prime Minister shall be elected by the votes of the \r\nmajority of the total membership of the National Assembly: \r\nProvided that, if no member secures such majority in the \r\nfirst poll, a second poll shall be held between the members \r\nwho secure the two highest numbers of votes in the first poll \r\nand the member who secures a majority of votes of the \r\nmembers present and voting shall be declared to have been \r\nelected as Prime Minister: \r\nProvided further that, if the number of votes secured by two \r\nor more members securing the highest number of votes is \r\nequal, further poll shall be held between them until one of them \r\nsecures a majority of votes of the members present and voting. \r\n(5) The member elected under clause (4) shall be called \r\nupon by the President to assume the office of Prime Minister \r\nand he shall, before entering upon the office, make before the \r\nPresident oath in the form set out in the Third Schedule: \r\nProvided that there shall be no restriction on the number of \r\nterms for the office of the Prime Minister. \r\n(6) The Cabinet, together with the Ministers of State, shall \r\nbe collectively responsible to the Senate and the National \r\nAssembly.\r\n(7) The Prime Minister shall hold office during the pleasure \r\nof the President, but the President shall not exercise his \r\npowers under this clause unless he is satisfied that the Prime \r\nMinister does not command the confidence of the majority of \r\nthe members of the National Assembly, in which case he shall \r\nsummon the National Assembly and require the Prime Minister \r\nto obtain a vote of confidence from the Assembly.\r\n(8) The Prime Minister may, by writing under his hand \r\naddressed to the President, resign his office.\r\n274 | Constitution: (Amendment) Order, 2007\r\n(9) A Minister who for any period of six consecutive \r\nmonths is not a member of the National Assembly shall, at the \r\nexpiration of that period, cease to be a Minister and shall not \r\nbefore the dissolution of that Assembly be again appointed a \r\nMinister unless he is elected a member of that Assembly: \r\nProvided that nothing contained in this clause shall apply to \r\na Minister who is member of the Senate. \r\n(10) Nothing contained in this Article shall be construed \r\nas disqualifying the Prime Minister or any other Minister or a \r\nMinister of State for continuing in office during any period \r\nduring which the National Assembly stands dissolved, or as \r\npreventing the appointment of any person as Prime Minister or \r\nother Minister or a Minister of State during any such period.”\r\n30.Amendment of Article 92 of the Constitution .− In the \r\nConstitution, in Article 92, in clause (1),− \r\n(i) for the brackets and figures “(7) and (8)” the brackets and \r\nfigures “(9) and (10)” shall be substituted; and \r\n(ii) in the proviso, for full stop at the end a colon shall be \r\nsubstituted and thereafter the following provisos shall be \r\ninserted, namely:− \r\n“Provided further that the total strength of the Cabinet, \r\nincluding Ministers of State, shall not exceed eleven \r\npercent of the total membership of Majlis-e-Shoora \r\n(Parliament): \r\nProvided also that the aforesaid amendment shall be \r\neffective from the next general election held after the \r\ncommencement of the Constitution (Eighteenth \r\nAmendment) Act, 2010.”. \r\n31.Amendment of Article 99 of the Constitution .− In the \r\nConstitution, in Article 99,−\r\n(i) in clause (2), for the word “President” occurring for the first \r\ntime the words “Federal Government” shall be substituted \r\nand for the words “in his name” the words “in the name of \r\nthe President” shall be substituted; and \r\n(ii) for clause (3), the following shall be substituted, namely:− \r\n“(3) The Federal Government shall also make rules for the \r\nallocation and transaction of its business.”.\r\n32.Amendment of Article 100 of the Constitution .− In the \r\nConstitution, in Article 100, in clause (2), after the word “President” the \r\nConstitution: (Amendment) Order, 2007 | 275\r\nwords “and shall not engage in private practice so long as he holds \r\nthe office of the Attorney-General” shall be added.\r\n33.Amendment of Article 101 of the Constitution .− In the \r\nConstitution, in Article 101,− \r\n(i) for clause (1) the following shall be substituted, namely:− \r\n“(1) There shall be a Governor for each Province, who \r\nshall be appointed by the President on the advice of the \r\nPrime Minister.”.\r\n(ii) in clause (2), after the word “age”, the words “and is a \r\nregistered voter and resident of the Province concerned” \r\nshall be added. \r\n34.Substitution of Article 104 of the Constitution.− In the \r\nConstitution, for Article 104, the following shall be substituted, \r\nnamely:− \r\n“104. Speaker Provincial Assembly to act as, or perform \r\nfunctions of Governor in his absence .− When the Governor, \r\nby reason of absence from Pakistan or for any other cause, is \r\nunable to perform his functions, the Speaker of the Provincial \r\nAssembly and in his absence any other person as the \r\nPresident may nominate shall perform the functions of \r\nGovernor until the Governor returns to Pakistan or, as the case \r\nmay be, resumes his functions.”. \r\n35. Amendment of Article 105 of the Constitution .− In the \r\nConstitution, in Article 105,− \r\n(i) in clause (1), after the word “act” the words “on and” shall \r\nbe inserted, and in the proviso, after the word “that” the \r\nwords “within fifteen days” shall be inserted and after the \r\nword “shall” the commas and words “, within ten days, “ \r\nshall be inserted; and \r\n(ii) for clause (3) the following shall be substituted, namely:− \r\n“(3) Where the Governor dissolves the Provincial \r\nAssembly, notwithstanding anything contained in clause \r\n(1), he shall,− \r\n(a) appoint a date, not later than ninety days from the \r\ndate of dissolution, for the holding of a general \r\nelection to the Assembly; and \r\n(b) appoint a care-taker Cabinet.”; and \r\n(iii) clause (4) shall be omitted.\r\n276 | Constitution: (Amendment) Order, 2007\r\n36. Amendment of Article 106 of the Constitution .− In the \r\nConstitution, for Article 106, the following shall be substituted and \r\nshall be deemed always to have been so substituted with effect from \r\n21st day of August, 2002, namely:− \r\n“106. Constitution of Provincial Assemblies .− (1) Each \r\nProvincial Assembly shall consist of general seats and seats \r\nreserved for women and non-Muslims as specified herein \r\nbelow.− \r\nGeneral \r\nSeats\r\nWomen Non-\r\nMuslims\r\nTotal\r\nBalochistan 51 11 3 65\r\nKhyber \r\nPakhtunkhwa\r\n99 22 3 124\r\nPunjab 297 66 8 371\r\nSindh 130 29 9 168\r\n(2) A person shall be entitled to vote if − \r\n(a) he is a citizen of Pakistan;\r\n(b) he is not less than eighteen years of age;\r\n(c) his name appears on the electoral roll for any area in \r\nthe Province; and\r\n(d) he is not declared by a competent court to be of \r\nunsound mind.\r\n(3) For the purpose of election to a Provincial Assembly,− \r\n(a) the constituencies for the general seats shall be single \r\nmember territorial constituencies and the members to \r\nfill such seats shall be elected by direct and free vote; \r\n(b) each Province shall be a single constituency for all \r\nseats reserved for women and non-Muslims allocated \r\nto the respective Provinces under clause (1); \r\n(c) the members to fill seats reserved for women and non-\r\nMuslims allocated to a Province under clause (1) shall \r\nbe elected in accordance with law through proportional \r\nrepresentation system of political parties' lists of \r\ncandidates on the basis of total number of general \r\nseats secured by each political party in the Provincial \r\nAssembly: \r\nConstitution: (Amendment) Order, 2007 | 277\r\nProvided that for the purpose of this sub-clause, the \r\ntotal number of general seats won by a political party \r\nshall include the independent returned candidate or \r\ncandidates who may duly join such political party within \r\nthree days of the publication in the official Gazette of \r\nthe names of the returned candidates.”. \r\n37.Substitution of Article 112 of the Constitution.− In the \r\nConstitution, for Article 112, the following shall be substituted, \r\nnamely:− \r\n“112. Dissolution of Provincial Assembly .− (1) The Governor \r\nshall dissolve the Provincial Assembly if so advised by the Chief \r\nMinister; and the Provincial Assembly shall, unless sooner \r\ndissolved, stand dissolved at the expiration of forty-eight hours \r\nafter the Chief Minister has so advised. \r\nExplanation.− Reference in this Article to 'Chief Minister' shall \r\nnot be construed to include reference to a Chief Minister against \r\nwhom a notice of a resolution for a vote of no-confidence has been \r\ngiven in the Provincial Assembly but has not been voted upon or \r\nagainst whom a resolution for a vote of no-confidence has been \r\npassed. \r\n(2) The Governor may also dissolve the Provincial Assembly in \r\nhis discretion, but subject to previous approval of the President, \r\nwhere a vote of no-confidence having been passed against the \r\nChief Minister, no other member of the Provincial Assembly \r\ncommands the confidence of the majority of the members of the \r\nProvincial Assembly in accordance with the provisions of the \r\nConstitution, as ascertained in a session of the Provincial \r\nAssembly summoned for the purpose.”.\r\n38.Amendment of Article 116 of the Constitution .− In the \r\nConstitution, in Article 116,− \r\n(i) in clause (2), for the word “thirty” the word “ten” shall be \r\nsubstituted; \r\n(ii) in clause (3), for the words “not withhold his assent \r\ntherefrom” the words “give his assent within ten days, \r\nfailing with such assent shall be deemed to have been \r\ngiven” shall be substituted; and \r\n(iii) in clause (4), after the word “assented” the words “or is \r\ndeemed to have assented” shall be inserted. \r\n39.Amendment of Article 122 of the Constitution .− In the \r\nConstitution, in Article 122, in clause (2), proviso shall be omitted.\r\n278 | Constitution: (Amendment) Order, 2007\r\n40.Amendment of Article 127 of the Constitution.− In the \r\nConstitution, in Article 127, in paragraph (g), for the word “seventy” the \r\nwords “one hundred” shall be substituted.\r\n41.Amendment of Article 128 of the Constitution .− In the \r\nConstitution, in Article 128, in clause (2), in paragraph (a), for the \r\nwords “three months” the words “ninety days” shall be substituted and \r\nfor the semi-colon and the word “; and” at the end a colon shall be \r\nsubstituted and thereafter, the following provisos shall be inserted, \r\nnamely:− \r\n“Provided that the Provincial Assembly may by a resolution \r\nextend the Ordinance for a further period of ninety days and it \r\nshall stand repealed at the expiration of the extended period, or if \r\nbefore the expiration of that period a resolution disapproving it is \r\npassed by the Assembly, upon the passing of that resolution: \r\nProvided further that extension for a further period may be \r\nmade only once.”. \r\n42.Substitution of Article 129 of the Constitution.− In the \r\nConstitution, for Article 129, the following shall be substituted, \r\nnamely:− \r\n“129. The Provincial Government .− (1) Subject to the \r\nConstitution, the executive authority of the Province shall be \r\nexercised in the name of the Governor by the Provincial \r\nGovernment, consisting of the Chief Minister and Provincial \r\nMinisters, which shall act through the Chief Minister.\r\n(2) In the performance of his functions under the \r\nConstitution, the Chief Minister may act either directly or \r\nthrough the Provincial Ministers.”.\r\n43.Substitution of Article 130 of the Constitution.− In the \r\nConstitution, for Article 130, the following shall be substituted, \r\nnamely:− \r\n“130. The Cabinet.− (1) There shall be a Cabinet of Ministers, \r\nwith the Chief Minister at its head, to aid and advise the \r\nGovernor in the exercise of his functions.\r\n(2) The Provincial Assembly shall meet on the twenty-first \r\nday following the day on which a general election to the \r\nAssembly is held, unless sooner summoned by the Governor.\r\n(3) After the election of the Speaker and the Deputy \r\nSpeaker, the Provincial Assembly shall, to the exclusion of any \r\nother business, proceed to elect without debate one of its \r\nmembers to be the Chief Minister.\r\nConstitution: (Amendment) Order, 2007 | 279\r\n(4) The Chief Minister shall be elected by the votes of the \r\nmajority of the total membership of the Provincial Assembly: \r\nProvided that, if no member secures such majority in the \r\nfirst poll, a second poll shall be held between the members \r\nwho secure the two highest numbers of votes in the first poll \r\nand the member who secures a majority of votes of the \r\nmembers present and voting shall be declared to have been \r\nelected as Chief Minister: \r\nProvided further that, if the number of votes secured by two \r\nor more members securing the highest number of votes is \r\nequal, further polls shall be held between them until one of \r\nthem secures a majority of votes of the members present and \r\nvoting. \r\n(5) The member elected under clause (4) shall be called \r\nupon by the Governor to assume the office of Chief Minister \r\nand he shall, before entering upon the office, make before the \r\nGovernor oath in the form set out in the Third Schedule: \r\nProvided that there shall be no restriction on the number of \r\nterms for the office of the Chief Minister. \r\n(6) The Cabinet shall be collectively responsible to the \r\nProvincial Assembly and the total strength of the Cabinet shall \r\nnot exceed fifteen members or eleven percent of the total \r\nmembership of a Provincial Assembly, whichever is higher: \r\nProvided that the aforesaid limit shall be effective from the \r\nnext general elections after the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010. \r\n(7) The Chief Minister shall hold office during the pleasure \r\nof the Governor, but the Governor shall not exercise his \r\npowers under this clause unless he is satisfied that the Chief \r\nMinister does not command the confidence of the majority of \r\nthe members of the Provincial Assembly, in which case he \r\nshall summon the Provincial Assembly and require the Chief \r\nMinister to obtain a vote of confidence from the Assembly.\r\n(8) The Chief Minister may, by writing under his hand \r\naddressed to the Governor, resign his office.\r\n(9) A Minister who for any period of six consecutive \r\nmonths is not a member of the Provincial Assembly shall, at \r\nthe expiration of that period, cease to be a Minister and shall \r\nnot before the dissolution of that Assembly be again appointed \r\na Minister unless he is elected a member of that Assembly.\r\n280 | Constitution: (Amendment) Order, 2007\r\n(10) Nothing contained in this Article shall be construed as \r\ndisqualifying the Chief Minister or any other Minister for \r\ncontinuing in office during any period during which the \r\nProvincial Assembly stands dissolved, or as preventing the \r\nappointment of any person as Chief Minister or other Minister \r\nduring any such period.\r\n(11) The Chief Minister shall not appoint more than five \r\nAdvisers.”.\r\n44.Substitution of Article 131 of the Constitution.− In the \r\nConstitution, for Article 131, the following shall be substituted, \r\nnamely:− \r\n“131. Governor to be kept informed .− The Chief Minister \r\nshall keep the Governor informed on matters relating to \r\nProvincial administration and on all legislative proposals the \r\nProvincial Government intends to bring before the Provincial \r\nAssembly.” \r\n45.Amendment of Article 132 of the Constitution .− In the \r\nConstitution, in Article 132, in clause (1), for the brackets and figures \r\n“(7) and (8)” the brackets and figures “(9) and (10)” shall, respectively, \r\nbe substituted.\r\n46.Amendment of Article 139 of the Constitution .− In the \r\nConstitution, in Article 139,− \r\n(i) in clause (2), for the word “Governor” occurring for the first \r\ntime the words “Provincial Government” shall be \r\nsubstituted and for the words “in his name” the words “in \r\nthe name of Governor” shall be substituted; and \r\n(ii) for clause (3) the following shall be substituted, namely: \r\n“(3) The Provincial Government shall also make rules \r\nfor the allocation and transaction of its business.”.\r\n47.Amendment of Article 140 of the Constitution .− In the \r\nConstitution, in Article 140, in clause (3), after the word “Governor” \r\noccurring at the end, the words “and shall not engage in private \r\npractice so long as he holds the office of the Advocate-General” shall \r\nbe added.\r\n48.Insertion of new Article in the Constitution .− In the \r\nConstitution, after Article 140 amended as aforesaid, the following \r\nnew Article shall be inserted, namely:− \r\n“140A.Local Government .− (1) Each Province shall, by law, \r\nestablish a local government system and devolve political, \r\nConstitution: (Amendment) Order, 2007 | 281\r\nadministrative and financial responsibility and authority to the \r\nelected representatives of the local governments.\r\n(2) Elections to the local governments shall be held by the \r\nElection Commission of Pakistan.”.\r\n49.Amendment of Article 142 of the Constitution .− In the \r\nConstitution, in Article 142,−\r\n(i) for paragraph (b) the following shall be substituted, \r\nnamely:− \r\n“(b) Majlis-e-Shoora (Parliament) and a Provincial \r\nAssembly shall have power to make laws with respect to \r\ncriminal law, criminal procedure and evidence.”. \r\n(ii) for paragraph (c) the following shall be substituted, \r\nnamely:− \r\n“(c) Subject to paragraph (b), a Provincial Assembly shall, \r\nand Majlis-e-Shoora (Parliament) shall not, have power to \r\nmake laws with respect to any matter not enumerated in \r\nthe Federal Legislative List.”. \r\n(iii) for paragraph (d) the following shall be substituted, \r\nnamely:− \r\n“(d) Majlis-e-Shoora (Parliament) shall have exclusive \r\npower to make laws with respect to all matters pertaining to \r\nsuch areas in the Federation as are not included in any \r\nProvince.” \r\n50.Substitution of Article 143 of the Constitution.− In the \r\nConstitution, for Article 143, the following shall be substituted, \r\nnamely:− \r\n“143. Inconsistency between Federal and Provincial law .− \r\nIf any provision of an Act of a Provincial Assembly is repugnant \r\nto any provision of an Act of Majlis-e-Shoora (Parliament) \r\nwhich Majlis-e-Shoora (Parliament) is competent to enact, then \r\nthe Act of Majlis-e-Shoora (Parliament), whether passed \r\nbefore or after the Act of the Provincial Assembly, shall prevail \r\nand the Act of the Provincial Assembly shall, to the extent of \r\nthe repugnancy, be void.” \r\n51.Amendment of Article 144 of the Constitution .− In the \r\nConstitution, in Article 144,− \r\n(i) in the marginal note, for the word “two” the word “one” shall \r\nbe substituted;\r\n282 | Constitution: (Amendment) Order, 2007\r\n(ii) for the word “two” occurring after the word “if” the word \r\n“one” shall be substituted; and\r\n(iii) for the words “either List” the words “the Federal \r\nLegislative List”, shall be substituted. \r\n52.Amendment of Article 147 of the Constitution .− In the \r\nConstitution, in Article 147, for the full stop at the end a colon shall be \r\nsubstituted and thereafter the following proviso shall be added, \r\nnamely: \r\n“Provided that the Provincial Government shall get the \r\nfunctions so entrusted ratified by the Provincial Assembly within \r\nsixty days.”. \r\n53.Amendment of Article 149 of the Constitution .− In the \r\nConstitution, in Article 149, clause (2) shall be omitted.\r\n54.Amendment of Article 153 of the Constitution .− In the \r\nConstitution, in Article 153,− \r\n(i) for clause (2) the following shall be substituted, namely:− \r\n“(2) The Council shall consist of − \r\n(a) the Prime Minister who shall be the Chairman of the \r\nCouncil;\r\n(b) the Chief Ministers of the Provinces; and\r\n(c) three members from the Federal Government to be \r\nnominated by the Prime Minister from time to time.”;\r\n(ii) clause (3) shall be omitted; and\r\n(iii) in clause (4), after the word “Parliament” occurring in the \r\nbrackets at the end, the words “and shall submit an Annual \r\nReport to both Houses of Majlis-e-Shoora (Parliament)” \r\nshall be added. \r\n55.Amendment of Article 154 of the Constitution.− In the \r\nConstitution, in Article 154,− \r\n(i) for clause (1), the following shall be substituted, namely:− \r\n“(1) The Council shall formulate and regulate policies in \r\nrelation to matters in Part II of the Federal Legislative List \r\nand shall exercise supervision and control over related \r\ninstitutions.”; and\r\n(ii) Clauses (2), (3), (4) and (5) shall be renumbered as \r\nclauses (4), (5), (6) and (7), respectively, and after clause \r\nConstitution: (Amendment) Order, 2007 | 283\r\n(1) amended as aforesaid, the following new clauses shall \r\nbe inserted, namely:− \r\n“(2) The Council shall be constituted within thirty days of \r\nthe Prime Minister taking oath of office.\r\n(3) The Council shall have a permanent Secretariat and \r\nshall meet at least once in ninety days: \r\nProvided that the Prime Minister may convene a \r\nmeeting on the request of a Province on an urgent matter.”. \r\n56.Amendment of Article 155 of the Constitution .− In the \r\nConstitution, for Article 155, in clause (1) after the word “supply” the \r\nwords “or reservoir” shall be inserted.\r\n57.Substitution of Article 156 in the Constitution .− In the \r\nConstitution, for Article 156, the following shall be substituted, \r\nnamely:− \r\n“156. National Economic Council .− (1) The President shall \r\nconstitute a National Economic Council which shall consist of − \r\n(a) the Prime Minister, who shall be the Chairman of \r\nthe Council;\r\n(b) the Chief Ministers and one member from each \r\nProvince to be nominated by the Chief Minister; and\r\n(c) four other members as the Prime Minister may \r\nnominate from time to time.\r\n(2) The National Economic Council shall review the overall \r\neconomic condition of the country and shall, for advising the \r\nFederal Government and the Provincial Governments, formulate \r\nplans in respect of financial, commercial, social and economic \r\npolicies; and in formulating such plans it shall, amongst other \r\nfactors, ensure balanced development and regional equity and \r\nshall also be guided by the Principles of Policy set out in Chapter 2 \r\nof Part-II.\r\n(3) The meetings of the Council shall be summoned by the \r\nChairman or on a requisition made by one-half of the members of \r\nthe Council.\r\n(4) The Council shall meet at least twice in a year and the \r\nquorum for a meeting of the Council shall be one-half of its total \r\nmembership.\r\n(5) The Council shall be responsible to the Majlis-e-Shoora \r\n(Parliament) and shall submit an Annual Report to each House of \r\nMajlis-e-Shoora (Parliament).”.\r\n284 | Constitution: (Amendment) Order, 2007\r\n58.Amendment of Article 157 of the Constitution .− In the \r\nConstitution, in Article 157,− \r\n(i) in clause (1) for the full stop at the end a colon shall be \r\nsubstituted and thereafter the following proviso shall be \r\ninserted, namely:− \r\n“Provided that the Federal Government, prior to taking \r\na decision to construct or cause to be constructed, hydro-\r\nelectric power stations in any Province, shall consult the \r\nProvincial Government concerned.”; and \r\n(ii) after clause (2), the following new clause shall be added, \r\nnamely:− \r\n“(3) In case of any dispute between the Federal \r\nGovernment and a Provincial Government in respect of any \r\nmatter under this Article, any of the said Governments may \r\nmove the Council of Common Interests for resolution of the \r\ndispute.”.\r\n59.Amendment of Article 160 of the Constitution .− In the \r\nConstitution, in Article 160, after clause (3), the following new clauses \r\nshall be inserted, namely:− \r\n“(3A) The share of the Provinces in each Award of National \r\nFinance Commission shall not be less than the share given to \r\nthe Provinces in the previous Award.\r\n (3B) The Federal Finance Minister and Provincial Finance \r\nMinisters shall monitor the implementation of the Award \r\nbiannually and lay their reports before both Houses of Majlis-e-\r\nShoora (Parliament) and the Provincial Assemblies.”.\r\n60.Amendment of Article 161 of the Constitution .− In the \r\nConstitution, in Article 161, for clause (1) the following shall be \r\nsubstituted, namely:− \r\n“(1) Notwithstanding the provisions of Article 78,− \r\n(a) the net proceeds of the Federal duty of excise on \r\nnatural gas levied at well-head and collected by the \r\nFederal Government and of the royalty collected by the \r\nFederal Government, shall not form part of the Federal \r\nConsolidated Fund and shall be paid to the Province in \r\nwhich the well-head of natural gas is situated; \r\n(b) the net proceeds of the Federal duty of excise on oil \r\nlevied at well-head and collected by the Federal \r\nGovernment, shall not form part of the Federal \r\nConstitution: (Amendment) Order, 2007 | 285\r\nConsolidated Fund and shall be paid to the Province in \r\nwhich the well-head of oil is situated.”. \r\n61.Amendment of Article 167 of the Constitution.− In the \r\nConstitution, in Article 167, after clause (3) the following new clause \r\nshall be inserted, namely:− \r\n“(4) A Province may raise domestic or international loan, or \r\ngive guarantees on the security of the Provincial Consolidated \r\nFund within such limits and subject to such conditions as may \r\nbe specified by the National Economic Council.”. \r\n62.Amendment of Article 168 of the Constitution .− In the \r\nConstitution, in Article 168,− \r\n(i) for clause (3) the following shall be substituted, \r\nnamely:− \r\n“(3) The Auditor-General shall, unless he sooner \r\nresigns or is removed from office in accordance with \r\nclause (5), hold office for a term of four years from the \r\ndate on which he assumes such office or attains the \r\nage of sixty-five years, whichever is earlier.”.\r\n(ii) after clause (3) amended as aforesaid, the following \r\nnew clause shall be inserted, namely:− \r\n“(3A) The other terms and conditions of service of \r\nthe Auditor-General shall be determined by Act of \r\nMajlis-e-Shoora (Parliament); and, until so determined, \r\nby Order of the President.”; and\r\n(iii) in clause (6), for the words “such other person as the \r\nPresident may direct shall” the words “the President \r\nmay appoint the most senior officer in the Office of the \r\nAuditor-General to” shall be substituted. \r\n63. Amendment of Article 170 of the Constitution .− In the \r\nConstitution, Article 170 shall be renumbered as clause (1) of that \r\nArticle and after clause (1) renumbered as aforesaid the following new \r\nclause shall be added, namely:− \r\n“(2) The audit of the accounts of the Federal and of the \r\nProvincial Governments and the accounts of any authority or \r\nbody established by, or under the control of, the Federal or a \r\nProvincial Government shall be conducted by the Auditor-\r\nGeneral, who shall determine the extent and nature of such \r\naudit.”. \r\n286 | Constitution: (Amendment) Order, 2007\r\n64.Amendment of Article 171 of the Constitution .− In Article \r\n171, for the words “the National Assembly” the words and brackets \r\n“both Houses of Majlis-e-Shoora (Parliament)” shall be substituted. \r\n65.Amendment of Article 172 of the Constitution .− In the \r\nConstitution, in Article 172,− \r\n(i) in clause (2), for the word “within” occurring for the second \r\ntime the word “beyond” shall be substituted; and \r\n(ii) after clause (2) amended as aforesaid, the following new \r\nclause shall be inserted, namely:− \r\n“(3) Subject to the existing commitments and \r\nobligations, mineral oil and natural gas within the Province \r\nor the territorial waters adjacent thereto shall vest jointly \r\nand equally in that Province and the Federal Government.”.\r\n66.Amendment of Article 175 of the Constitution .− In the \r\nConstitution, in Article 175, in clause (1), after the word “Province” the \r\nwords “and a High Court for the Islamabad Capital Territory” shall be \r\ninserted and under clause (1) amended as aforesaid, the following \r\nExplanation shall be added, namely:− \r\n“Explanation.− The words “High Court” wherever occurring in \r\nthe Constitution shall include the High Court for the Islamabad \r\nCapital Territory.”. \r\n67.Insertion of Article 175A in the Constitution .− In the \r\nConstitution, after Article 175, the following new Article shall be \r\ninserted, namely: − \r\n“175A. Appointment of Judges to the Supreme Court, High \r\nCourts and the Federal Shariat Court .− (1) There shall be a \r\nJudicial Commission of Pakistan, hereinafter in this Article \r\nreferred to as the Commission, for appointment of Judges of \r\nthe Supreme Court, High Courts and the Federal Shariat \r\nCourt, as hereinafter provided.\r\n(2) For appointment of Judges of the Supreme Court, the \r\nCommission shall consist of − \r\n(i) Chief Justice of Pakistan; Chairman\r\n(ii) two most senior Judges of the Supreme \r\nCourt;\r\nMembers\r\n(iii) a former Chief Justice or a former Judge \r\nof the Supreme Court of Pakistan to be \r\nnominated by the Chief Justice of \r\nPakistan, in consultation with the two \r\nConstitution: (Amendment) Order, 2007 | 287\r\nmember Judges, for a term of two years; Member\r\n(iv) Federal Minister for Law and Justice; Member\r\n(v) Attorney-General for Pakistan; and Member\r\n(vi) a Senior Advocate of the Supreme Court \r\nof Pakistan nominated by the Pakistan \r\nBar Council for a term of two years.\r\nMember\r\n(3) Notwithstanding anything contained in clause (1) or \r\nclause (2), the President shall appoint the most senior Judge \r\nof the Supreme Court as the Chief Justice of Pakistan.\r\n(4) The Commission may make rules regulating its \r\nprocedure.\r\n(5) For appointment of Judges of a High Court, the \r\nCommission in clause (2) shall also include the following, \r\nnamely:− \r\n(i) Chief Justice of the High Court to which \r\nthe appointment is being made;\r\nMember\r\n(ii) the most senior Judge of that High \r\nCourt;\r\nMember\r\n(iii) Provincial Minister for Law; and Member\r\n(iv) a senior advocate to be nominated by \r\nthe Provincial Bar Council for a term of \r\ntwo years:\r\nMember\r\nProvided that for appointment of the Chief Justice of a \r\nHigh Court, the most senior Judge of the Court shall be \r\nsubstituted by a former Chief Justice or former Judge of \r\nthat Court, to be nominated by the Chief Justice of \r\nPakistan in consultation with the two member Judges of the \r\nCommission mentioned in clause (2): \r\nProvided further that if for any reason the Chief Justice \r\nof High Court is not available, he shall also be substituted \r\nin the manner as provided in the foregoing proviso. \r\n(6) For appointment of Judges of the Islamabad High \r\nCourt, the Commission in clause (2) shall also include the \r\nfollowing, namely:− \r\n(i) Chief Justice of the Islamabad High Court; \r\nand\r\nMember\r\n(ii) the most senior Judge of that High Court: Member\r\n288 | Constitution: (Amendment) Order, 2007\r\nProvided that for initial appointment of the Judges \r\nof the Islamabad High Court, the Chief Justices of the \r\nfour Provincial High Courts shall also be members of \r\nthe Commission: \r\nProvided further that subject to the foregoing \r\nproviso, in case of appointment of Chief Justice of \r\nIslamabad High Court, the provisos to clause (5) shall, \r\nmutatis mutandis, apply. \r\n(7) For appointment of Judges of the Federal Shariat \r\nCourt, the Commission in clause (2) shall also include the \r\nChief Justice of the Federal Shariat Court and the most senior \r\nJudge of that Court as its members: \r\nProvided that for appointment of Chief Justice of Federal \r\nShariat Court, the provisos to clause (5) shall, mutatis \r\nmutandis, apply. \r\n(8) The Commission by majority of its total membership \r\nshall nominate to the Parliamentary Committee one person, for \r\neach vacancy of a Judge in the Supreme Court, a High Court \r\nor the Federal Shariat Court, as the case may be.\r\n(9) The Parliamentary Committee, hereinafter in this Article \r\nreferred to as the Committee, shall consist of the following \r\neight members, namely:− \r\n(i) four members from the Senate; and\r\n(ii) four members from the National Assembly.\r\n(10) Out of the eight members of the Committee, four shall \r\nbe from the Treasury Benches, two from each House and four \r\nfrom the Opposition Benches, two from each House. The \r\nnomination of members from the Treasury Benches shall be \r\nmade by the Leader of the House and from the Opposition \r\nBenches by the Leader of the Opposition.\r\n(11) Secretary, Senate shall act as the Secretary of the \r\nCommittee.\r\n(12) The Committee on receipt of a nomination from the \r\nCommission may confirm the nominee by majority of its total \r\nmembership within fourteen days, failing which the nomination \r\nshall be deemed to have been confirmed: \r\nProvided that the Committee may not confirm the \r\nnomination by three-fourth majority of its total membership \r\nwithin the said period, in which case the Commission shall \r\nsend another nomination. \r\nConstitution: (Amendment) Order, 2007 | 289\r\n(13) The Committee shall forward the name of the nominee \r\nconfirmed by it or deemed to have been confirmed to the \r\nPresident for appointment.\r\n(14) No action or decision taken by the Commission or a \r\nCommittee shall be invalid or called in question only on the \r\nground of the existence of a vacancy therein or of the absence \r\nof any member from any meeting thereof.\r\n(15) The Committee may make rules for regulating its \r\nprocedure.”.\r\n68.Amendment of Article 177 of the Constitution .− In the \r\nConstitution, in Article 177, for clause (1) the following shall be \r\nsubstituted, namely:− \r\n“(1) The Chief Justice of Pakistan and each of the other \r\nJudges of the Supreme Court shall be appointment by the \r\nPresident in accordance with Article 175A.”.\r\n69.Amendment of Article 193 of the Constitution .− In the \r\nConstitution, in Article 193,− \r\n(i) for clause (1), the following shall be substituted, \r\nnamely:− \r\n“(1) The Chief Justice and each of the other Judges \r\nof a High Court shall be appointed by the President in \r\naccordance with Article 175A.”;\r\n(ii) in clause (2) for the word “forty” the word “forty-five” \r\nshall be substituted and shall be deemed always to \r\nhave been so substituted with effect from the 21 st day of \r\nAugust, 2002. \r\n70.Amendment of Article 194 of the Constitution .− In the \r\nConstitution, in Article 194, for the full stop at the end a colon shall be \r\nsubstituted and thereafter the following proviso shall be added, \r\nnamely:− \r\n“Provided that the Chief Justice of the Islamabad High \r\nCourt shall make oath before the President and other Judges \r\nof that Court shall make oath before the Chief Justice of the \r\nIslamabad High Court.”. \r\n71.Amendment of Article 198 of the Constitution .− In the \r\nConstitution, in Article 198, −\r\n(i) after clause (1), the following new clause shall be \r\ninserted, namely:− \r\n290 | Constitution: (Amendment) Order, 2007\r\n“(1A) The High Court for Islamabad Capital \r\nTerritory shall have its principal seat at Islamabad.”;\r\n(ii) in clause (3),− \r\n(a) after the word Abbottabad, the comma and the \r\nword “, Mingora” shall be inserted; and \r\n(b) after the word “Sibi” occurring at the end, the words \r\n“and Turbat” shall be added. \r\n72.Amendment of Article 199 of the Constitution .− In the \r\nConstitution, in Article 199, for clause (4A), the following shall be \r\nsubstituted, namely,− \r\n“(4A) An interim order made by a High Court on an \r\napplication made to it to question the validity or legal effect of \r\nany order made, proceeding taken or act done by any authority \r\nor person, which has been made, taken or done or purports to \r\nhave been made, taken or done under any law which is \r\nspecified in Part I of the First Schedule or relates to, or is \r\nconnected with, State property or assessment or collection of \r\npublic revenues shall cease to have effect on the expiration of \r\na period of six months following the day on which it is made: \r\nProvided that the matter shall be finally decided by the \r\nHigh Court within six months from the date on which the \r\ninterim order in made.”. \r\n73.Amendment of Article 200 of the Constitution.− In the \r\nConstitution, in Article 200,− \r\n(i) in clause (1), the proviso shall be omitted; and\r\n(ii) clause (4) shall be omitted.\r\n74.Amendment of Article 203C of the Constitution .− In the \r\nConstitution, in Article 203C, − \r\n(i) in clause (2), after the word “President” occurring at the \r\nend the words, figures and letters “in accordance with \r\nArticle 175A” shall be inserted; \r\n(ii) in clause (3A), for the words “who are well-versed in \r\nIslamic law” the words and comma “having at least \r\nfifteen years experience in Islamic law, research or \r\ninstruction” shall be substituted; \r\n(iii) in clause (4), in the proviso, the words “for a period \r\nexceeding two years” shall be omitted; \r\nConstitution: (Amendment) Order, 2007 | 291\r\n(iv) for clause (4B) the following shall be substituted, \r\nnamely:− \r\n“(4B) The Chief Justice and a Judge shall not be \r\nremoved from office except in the like manner and on \r\nthe like grounds as a Judge of the Supreme Court.”; \r\n(v) clause (4C) and clause (5) shall be omitted; and\r\n(vi) for clause (9), the following shall be substituted and \r\nshall be deemed always to have been so substituted \r\nwith effect from the 21st day of August, 2002, namely:− \r\n“(9) A Chief Justice who is not a Judge of the \r\nSupreme Court shall be entitled to the same \r\nremuneration, allowances and privileges as are \r\nadmissible to a Judge of the Supreme Court and a \r\nJudge who is not a Judge of a High Court shall be \r\nentitled to the same remuneration, allowances and \r\nprivileges as are admissible to a Judge of a High Court: \r\nProvided that where a Judge is already drawing a \r\npension for any other post in the service of Pakistan, \r\nthe amount of such pension shall be deducted from the \r\npension admissible under this clause.”.\r\n75.Amendment of Article 203D of the Constitution .− In the \r\nConstitution, in Article 203D, in clause (1A), the words “or the \r\nConcurrent Legislative List” shall be omitted and for the words “in the \r\neither of those Lists” the words “in the Federal Legislative List” shall \r\nbe substituted.\r\n76.Amendment of Article 209 of the Constitution .− In the \r\nConstitution, in Article 209, for clause (5) the following shall be \r\nsubstituted, namely:− \r\n“(5) If, on information from any source, the Council or the \r\nPresident is of the opinion that a Judge of the Supreme Court \r\nor of a High Court − \r\n(a) may be incapable of property performing the duties \r\nof his office by reason of physical or mental \r\nincapacity; or\r\n(b) may have been guilty of misconduct,\r\nthe President shall direct the Council to, or the Council \r\nmay, on its own motion, inquire into the matter.”.\r\n77.Amendment of Article 213 of the Constitution.− In the \r\nConstitution, in Article 213,− \r\n292 | Constitution: (Amendment) Order, 2007\r\n(i) in clause (1), the words “in his discretion” shall be \r\nomitted; \r\n(ii) after clause (2), the following new clauses shall be \r\ninserted, namely:− \r\n“(2A) The Prime Minister shall in consultation with \r\nthe Leader of the Opposition in the National Assembly, \r\nforward three names for appointment of the \r\nCommissioner to a Parliamentary Committee for \r\nhearing and confirmation of any one person.\r\n(2B) The Parliamentary Committee to be \r\nconstituted by the Speaker shall comprise fifty percent \r\nmembers from the Treasury Branches and fifty percent \r\nfrom the Opposition Parties, based on their strength in \r\nMajlis-e-Shoora (Parliament), to be nominated by the \r\nrespective Parliamentary Leaders: \r\nProvided that in case there is no consensus \r\nbetween the Prime Minister and the Leader of the \r\nOpposition, each shall forward separate lists to the \r\nParliamentary Committee for consideration which may \r\nconfirm any one name: \r\nProvided further that the total strength of the \r\nParliamentary Committee shall not exceed twelve \r\nmembers out of which one-third shall be from the \r\nSenate: \r\nProvided also that when the National Assembly is \r\ndissolved and a vacancy occurs in the office of the \r\nChief Election Commissioner, the Parliamentary \r\nCommittee shall comprise the members from the \r\nSenate only and the foregoing provisions of this clause \r\nshall, mutatis mutandis, apply.”. \r\n78.Amendment of Article 215 of the Constitution .− In the \r\nConstitution, in Article 215, in clause (1),− \r\n(i) for the word “three” the word “five” shall be substituted \r\nand thereafter the following proviso shall be inserted, \r\nnamely:− \r\n“Provided that the aforesaid amendment shall be \r\neffective after the expiry of current tenure of the present \r\nincumbent; and \r\n(ii) the existing proviso shall be omitted.\r\nConstitution: (Amendment) Order, 2007 | 293\r\n79.Amendment of Article 216 of the Constitution .− In the \r\nConstitution, in Article 216, in clause (2), in the proviso,− \r\n(i) in paragraph (a), for the semicolon and the word “; and” \r\na full stop shall be substituted; and \r\n(ii) paragraph (b) shall be omitted.\r\n80.Amendment of Article 218 of the Constitution .− In the \r\nConstitution, in Article 218, − \r\n(i) for clause (1), the following shall be substituted, \r\nnamely:− \r\n“(1) For the purpose of election to both Houses of \r\nMajlis-e-Shoora (Parliament), Provincial Assemblies \r\nand for election to such other public offices as may be \r\nspecified by law, a permanent Election Commission \r\nshall be constituted in accordance with this Article.”; \r\nand\r\n(ii) for clause (2), the following shall be substituted, \r\nnamely:− \r\n“(2) The Election Commission shall consist of,− \r\n(a) the Commissioner who shall be the Chairman of the \r\nCommission; and\r\n(b) four members, each of whom has been a Judge of \r\na High Court from each Province, appointed by the \r\nPresident in the manner provided for appointment \r\nof the Commissioner in clauses (2A) and (2B) of \r\nArticle 213.”. \r\n81.Amendment of Article 219 of the Constitution .− In the \r\nConstitution, in Article 219,- \r\n(i) for the word “Commissioner” the word “Commission” \r\nshall be substituted; and \r\n(ii) in paragraph (c), for the full stop at the end a semi colon \r\nshall be substituted and after paragraph (c), amended \r\nas aforesaid, the following new paragraphs shall be \r\nadded; namely:− \r\n“(d) the holding of general elections to the National \r\nAssembly, Provincial Assemblies and the local \r\ngovernments; and\r\n(e) such other functions as may be specified by an Act \r\nof Majlis-e-Shoora (Parliament).”.\r\n294 | Constitution: (Amendment) Order, 2007\r\n82.Amendment of Article 221 of the Constitution .− In the \r\nConstitution, in Article 221, for the word “Commissioner” occurring for \r\nthe first and second time, the words, “Election Commission” shall be \r\nsubstituted and the words “Commissioner or an” shall be omitted. \r\n83.Amendment of Article 224 of the Constitution .− In the \r\nConstitution, in Article 224,− \r\n(i) for clause (1), the following shall be substituted, \r\nnamely:− \r\n“(1) A general election to the National Assembly or \r\na Provincial Assembly shall be held within a period of \r\nsixty days immediately following the day on which the \r\nterm of the Assembly is due to expire, unless the \r\nAssembly has been sooner dissolved, and the results \r\nof the election shall be declared not later than fourteen \r\ndays before that day.”;\r\n(ii) after clause (1) substituted as the aforesaid, the \r\nfollowing new clauses shall be inserted, namely:− \r\n“(1A) On dissolution of the Assembly on completion \r\nof its term, or in case it is dissolved under Article 58 or \r\nArticle 112, the President, or the Governor, as the case \r\nmay be, shall appoint a care-taker Cabinet: \r\nProvided that the care-taker Prime Minister shall be \r\nselected by the President in consultation with the Prime \r\nMinister and the Leader of the Opposition in the \r\noutgoing National Assembly, and a care-taker Chief \r\nMinister shall be appointed by the Governor in \r\nconsultation with the Chief Minister and the Leader of \r\nthe Opposition in the outgoing Provincial Assembly: \r\nProvided further that the Members of the Federal \r\nand Provincial care-taker Cabinets shall be appointed \r\non the advice of the care-taker Prime Minister or the \r\ncare-taker Chief Minister, as the case may be. \r\n(1B) Members of the care-taker Cabinets including \r\nthe care-taker Prime Minister and the care-taker Chief \r\nMinister and their immediate family members shall not \r\nbe eligible to contest the immediately following \r\nelections to such Assemblies. \r\nExplanation.− In this clause “immediate family \r\nmembers” means spouse and children.”; and\r\nConstitution: (Amendment) Order, 2007 | 295\r\n(iii) after clause (5) the following new clause shall be \r\ninserted and shall be deemed always to have been so \r\ninserted with effect from the 21 st day of August, 2002, \r\nnamely:− \r\n“(6) When a seat reserved for women or non-\r\nMuslims in the National Assembly or a Provincial \r\nAssembly falls vacant, on account of death, resignation \r\nor disqualification of a member, it shall be filled by the \r\nnext person in order of precedence from the party list of \r\nthe candidates to be submitted to the Election \r\nCommission by the political party whose member has \r\nvacated such seat.”.\r\n84.Substitution of Article 226 of the Constitution.− In the \r\nConstitution, for Article 226, the following shall be substituted, \r\nnamely:− \r\n“226. Election by secret ballot .− All elections under the \r\nConstitution, other than those of the Prime Minister and the \r\nChief Minister, shall be by secret ballot.”.\r\n85.Amendment of Article 228 of the Constitution.− In the \r\nConstitution, in Article 228, in clause (3), in paragraph (c), for the word \r\n“four” the words “one-third” shall be substituted. \r\n86.Amendment of Article 232 of the Constitution .− In the \r\nConstitution, in Article 232, in clause (1), for the full stop at the end a \r\ncolon shall be substituted and after clause (1) amended as aforesaid, \r\nthe following provisos shall be inserted, namely:− \r\n“Provided that for imposition of emergency due to internal \r\ndisturbances beyond the powers of a Provincial Government to \r\ncontrol, a resolution from the Provincial Assembly of that \r\nProvince shall be required: \r\nProvided further that if the President acts on his own, the \r\nProclamation of Emergency shall be placed before both \r\nHouses of Majlis-e-Shoora (Parliament) for approval by each \r\nHouse within ten days.”. \r\n87.Amendment of Article 233 of the Constitution .− In the \r\nConstitution, in Article 233, in clause (3), for the words “a joint sitting” \r\nthe words “both Houses of Majlis-e-Shoora (Parliament) separately” \r\nshall be substituted.\r\n88.Amendment of Article 234 of the Constitution .− In the \r\nConstitution, in Article 234, in clause (1),− \r\n(i) the words “or otherwise” shall be omitted; and \r\n296 | Constitution: (Amendment) Order, 2007\r\n(ii) for the words “at a joint sitting” the words “by each \r\nHouse separately” shall be substituted. \r\n89.Amendment of Article 242 of Constitution .− In the \r\nConstitution, in Article 242,− \r\n(i) in clause (1A), for the words “in his discretion” the \r\nwords “on the advice of the Prime Minister” shall be \r\nsubstituted”; and \r\n(ii) after clause (1A) amended as aforesaid, the following \r\nnew clause shall be inserted, namely:− \r\n“(1B) The Chairman of the Public Service \r\nCommission constituted in relation to affairs of a \r\nProvince shall be appointed by the Governor on advice \r\nof the Chief Minister.”.\r\n90.Substitution of Article 243 in the Constitution .− In the \r\nConstitution, for Article 243, the following shall be substituted, \r\nnamely:− \r\n“243. Command of Armed Forces .− (1) The Federal \r\nGovernment shall have control and command of the Armed \r\nForces.\r\n(2) Without prejudice to the generality of the foregoing \r\nprovision, the Supreme Command of the Armed Forces shall \r\nvest in the President.\r\n(3) The President shall subject to law, have power − \r\n(a) to raise and maintain the Military, Naval and Air \r\nForces of Pakistan; and the Reserves of such \r\nForces; and\r\n(b) to grant Commissions in such Forces.\r\n(4) The President shall, on advice of the Prime Minister, \r\nappoint − \r\n(a) the Chairman, Joint Chiefs of Staff Committee;\r\n(b) the Chief of the Army Staff;\r\n(c) the Chief of the Naval Staff; and\r\n(d) the Chief of the Air Staff,\r\nand shall also determine their salaries and allowances.”. \r\n91.Amendment of Article 246 of the Constitution .− In the \r\nConstitution, in Article 246, in paragraph (a),− \r\nConstitution: (Amendment) Order, 2007 | 297\r\n(a) in sub-paragraph (i), for the word “Baluchistan” the \r\nword “Balochistan” and for the words “North West \r\nFrontier” the words “Khyber Pakhtunkhwa” shall be \r\nsubstituted and the word “and” at the end shall be \r\nomitted; and \r\n(b) after sub-paragraph (ii), the following new sub-\r\nparagraphs shall be inserted, namely:− \r\n“(iii) Tribal Areas adjoining Lakki Marwat District; and\r\n (iv) Tribal Areas adjoining Tank District.”. \r\n92.Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, in clause (1), the definition of expression \r\n“consultation” shall be omitted. \r\n93.Insertion of new Articles in the Constitution .− In the \r\nConstitution, after Article 267, the following new Articles shall be \r\ninserted, namely:− \r\n“267A. Power to remove difficulties.− (1) If any difficulty \r\narises in giving effect to the provisions of the Constitution \r\n(Eighteenth Amendment) Act, 2010, hereinafter in this Article \r\nreferred to as the Act, or for bringing the provisions of the Act \r\ninto effective operation, the matter shall be laid before both \r\nHouses in a joint sitting which may by a resolution direct that \r\nthe provisions of the Act shall, during such period as may be \r\nspecified in the resolution, have effect, subject to such \r\nadaptations, whether by way of modification, addition or \r\nomission, as may be deemed necessary or expedient: \r\nProvided that this power shall be available for a period of \r\none year from the commencement of the Act. \r\n267B. Removal of doubt .− For removal of doubt it is hereby \r\ndeclared that Article 152A omitted and Articles 179 and 195 \r\nsubstituted by the Constitution (Seventeenth Amendment) Act, \r\n2003 (Act No. III of 2003), notwithstanding its repeal, shall be \r\ndeemed always to have been so omitted and substituted.”.\r\n94.Amendment of Article 268 of the Constitution .− In the \r\nConstitution, in Article 268, clause (2) shall be omitted.\r\n95.Amendment of Article 270A of the Constitution .− In the \r\nConstitution, in Article 270A,− \r\n(a) in clause (1), the words, commas, brackets and figures \r\n“under which, in consequence of the result of the \r\nreferendum held on the nineteenth day of December, \r\n1984, General Mohammad Zia-ul-Haq became the \r\n298 | Constitution: (Amendment) Order, 2007\r\nPresident of Pakistan on the day of the first meeting of \r\nthe Majlis-e-Shoora (Parliament) in joint sitting for the \r\nterm specified in clause (7) of Article 41,” shall be \r\nomitted; and \r\n(b) for clause (6), the following shall be substituted, \r\nnamely:− \r\n“(6) The laws referred to in clause (1) may be \r\namended by the appropriate Legislature in the manner \r\nprovided for amendment of such laws.”.\r\n96.Substitution of new Article in the Constitution.− In the \r\nConstitution, for Article 270AA, the following shall be substituted, \r\nnamely:− \r\n“270AA. Declaration and continuance of laws etc.− (1) The \r\nProclamation of Emergency of the fourteenth day of October, \r\n1999, the Provisional Constitution Order No. 1 of 1999, the Oath of \r\nOffice (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s \r\nOrder No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the \r\namendments made in the Constitution through the Legal \r\nFramework Order, 2002 (Chief Executive's Order No. 24 of 2002), \r\nthe Legal Framework (Amendment) Order, 2002 (Chief \r\nExecutive's Order No. 29 of 2002) and the Legal Framework \r\n(Second Amendment) Order, 2002 (Chief Executive's Order No. \r\n32 of 2002), notwithstanding any judgment of any court including \r\nthe Supreme Court or a High Court, are hereby declared as having \r\nbeen made without lawful authority and of no legal effect.\r\n(2) Except as provided in clause (1) and subject to the \r\nprovisions of the Constitution (Eighteenth Amendment) Act, 2010, \r\nall laws including President's Orders, Acts, Ordinances, Chief \r\nExecutive’s Orders, regulations, enactments, notifications, rules, \r\norders or bye-laws made between the twelfth day of October, one \r\nthousand nine hundred and ninety-nine and the thirty-first day of \r\nDecember, two thousand and three (both days inclusive) and still \r\nin force shall, continue to be in force until altered, repealed or \r\namended by the competent authority. \r\nExplanation.− For the purposes of clause (2) and clause \r\n(6), “competent authority” means,− \r\n(a) in respect of Presidents' Orders, Ordinances, Chief \r\nExecutive's Orders and all other laws, the \r\nappropriate Legislature; and\r\n(b) in respect of notifications, rules, orders and bye-\r\nlaws, the authority in which the power to make, \r\nConstitution: (Amendment) Order, 2007 | 299\r\nalter, repeal or amend the same vests under the \r\nlaw. \r\n(3) Notwithstanding anything contained in the Constitution or \r\nclause (1), or judgment of any court including the Supreme Court \r\nor a High Court,− \r\n(a) Judges of the Supreme Court, High Courts and \r\nFederal Shariat Court who were holding the office \r\nof a Judge or were appointed as such, and had \r\ntaken oath under the Oath of Office (Judges) Order, \r\n2000, (I of 2000), shall be deemed to have \r\ncontinued to hold the office as a Judge or to have \r\nbeen appointed as such, as the case may be, under \r\nthe Constitution, and such continuance or \r\nappointment, shall have effect accordingly. \r\n(b) Judges of the Supreme Court, High Courts and \r\nFederal Shariat Court who not having been given or \r\ntaken oath under the Oath of Office (Judges) Order, \r\n2000 (I of 2000), and ceased to hold the office of a \r\nJudge shall, for the purposes of pensionary benefits \r\nonly, be deemed to have continued to hold office \r\nunder the Constitution till their date of \r\nsuperannuation. \r\n(4) All orders made, proceedings taken, appointments made, \r\nincluding secondments and deputations, and acts done by any \r\nauthority, or by any person which were made, taken or done, or \r\npurported to have been made, taken or done, between the twelfth \r\nday of October, one thousand nine hundred and ninety-nine and \r\nthe thirty first day of December, two thousand and three (both \r\ndays inclusive), in exercise of the powers derived from any \r\nauthority or laws mentioned in clause (2), or in execution of or in \r\ncompliance with any orders made or sentences passed by any \r\nauthority in the exercise or purported exercise of powers as \r\naforesaid, shall, notwithstanding anything contained in clause (1), \r\nbe deemed to be valid and shall not be called in question in any \r\ncourt or forum on any ground whatsoever.\r\n(5) No suit, prosecution or other legal proceedings, including \r\nwrit petitions, shall lie in any court or forum against any authority or \r\nany person, for or on account of or in respect of any order made, \r\nproceedings taken or act done whether in the exercise or \r\npurported exercise of the powers referred to in clause (2) or clause \r\n(4) or in execution of or in compliance with orders made or \r\nsentences passed in exercise or purported exercise of such \r\npowers.\r\n300 | Constitution: (Amendment) Order, 2007\r\n(6) Notwithstanding omission of the Concurrent Legislative List \r\nby the Constitution (Eighteenth Amendment) Act, 2010, all laws \r\nwith respect to any of the matters enumerated in the said List \r\n(including Ordinances, Orders, rules, bye-laws, regulations and \r\nnotifications and other legal instruments having the force of law) in \r\nforce in Pakistan or any part thereof, or having extra-territorial \r\noperation, immediately before the commencement of the \r\nConstitution (Eighteenth Amendment) Act, 2010, shall continue to \r\nremain in force until altered, repealed or amended by the \r\ncompetent authority. \r\n(7) Notwithstanding anything contained in the Constitution, all \r\ntaxes and fees levied under any law in force immediately before \r\nthe commencement of the Constitution (Eighteenth Amendment) \r\nAct, 2010, shall continue to be levied until they are varied or \r\nabolished by an Act of the appropriate legislature. \r\n(8) On the omission of the Concurrent Legislative List, the \r\nprocess of devolution of the matters mentioned in the said List to \r\nthe Provinces shall be completed by the thirtieth day of June, two \r\nthousand and eleven.\r\n(9) For purposes of the devolution process under clause (8), \r\nthe Federal Government shall constitute an Implementation \r\nCommission as it may deem fit within fifteen days of the \r\ncommencement of the Constitution (Eighteenth Amendment) Act, \r\n2010.”.\r\n97.Amendment of Article 270B of the Constitution .− In the \r\nConstitution, in Article 270B, after the figure and comma “1977,”, the \r\nwords, commas, figures and brackets “and the Conduct of General \r\nElections, Order, 2002 (Chief Executive's Order No. 7 of 2002),” shall \r\nbe inserted and shall be deemed always to have been so inserted with \r\neffect from the 21st day of August, 2002.\r\n98.Insertion of new Article 270BB of the Constitution .− In the \r\nConstitution, after Article 270B, amended as aforesaid, the following \r\nnew Article shall be inserted, namely:− \r\n“270BB. General Elections 2008 .− Notwithstanding anything \r\ncontained in the Constitution or any other law for the time being in \r\nforce, the General Elections 2008, to the National Assembly and \r\nthe Provincial Assemblies held on the eighteenth day of February, \r\ntwo thousand and eight shall be deemed to have been held under \r\nthe Constitution and shall have effect accordingly.” \r\n99.Amendment of Annex to the Constitution .− In the \r\nConstitution, in the Annex, in the Objectives Resolution, in the sixth \r\nparagraph, after the word “to” the word “freely” shall be inserted. \r\nConstitution: (Amendment) Order, 2007 | 301\r\n100. Amendment of Third Schedule to the Constitution .− In \r\nthe Constitution, in the Third Schedule,− \r\n(i) in the Oath prescribed for the Prime Minister, for the \r\nfigure “3” occurring in the brackets, the figure “5” shall \r\nbe substituted; \r\n(ii) in the Oath prescribed for the Chief Minister or \r\nProvincial Minister, for the figures and brackets “131(4)” \r\nthe figures and brackets “130(5)” shall be substituted; \r\n(iii) in the Oath prescribed for the Speaker of a Provincial \r\nAssembly, for the words “I will discharge” the words and \r\ncomma “and whenever I am called upon to act as \r\nGovernor, I will discharge” shall be substituted; and \r\n(iv) for the Oath prescribed for the Chief Justice or a Judge \r\nof the Federal Shariat Court, the following shall be \r\nsubstituted, namely:- \r\n“CHIEF JUSTICE OR JUDGE OF\r\nTHE FEDERAL SHARIAT COURT\r\n[Article 203C (7)]\r\n(In the name of Allah, the most Beneficent, the most Merciful.)\r\nI, ______________________, do solemnly swear that I will bear \r\ntrue faith and allegiance to Pakistan: \r\nThat, as Chief Justice of the Federal Shariat Court (or a Judge of \r\nthe Federal Shariat Court), I will discharge my duties, and perform my \r\nfunctions, honestly, to the best of my ability, and faithfully, in \r\naccordance with the Constitution of the Islamic Republic of Pakistan \r\nand the law: \r\nThat I will not allow my personal interest to influence my official \r\nconduct or my official decisions. \r\nThat I will abide by the code of conduct issued be the Supreme \r\nJudicial Council: \r\nThat I will preserve, protect and defend the Constitution of the \r\nIslamic Republic of Pakistan: \r\nAnd that, in all circumstances, I will do right to all manner of \r\npeople, according to law, without fear or favour, affection or ill-will. \r\nMay Allah Almighty help and guide me (A’meen).”\r\n302 | Constitution: (Amendment) Order, 2007\r\n101. Amendment of Fourth Schedule to the Constitution .− In \r\nthe Constitution, in the Fourth Schedule, in the Federal Legislative \r\nList,− \r\n(1) in Part I,− \r\n(i) in entry 18, in sub-entry (c) for the full stop at the end \r\nthe semi-colon and a word “ ; and” shall be substituted \r\nand after sub-entry (c), amended as aforesaid, the \r\nfollowing new sub-entry shall be added, namely:− \r\n“(d) boilers.”.\r\n(ii) for entry 32 the following shall be substituted, namely:− \r\n“32. International treaties, conventions and agreements \r\nand International arbitration.”.\r\n(iii) entries 21, 33, 38 and 40 shall be omitted;\r\n(iv) entry 45 and entry 46 shall be omitted;\r\n(v) in entry 49, after the word “consumed” the comma and \r\nwords “, except sales tax on services” shall be added. \r\n(vi) in entry 50, after the word “taxes” the words “on capital \r\ngains” shall be omitted. \r\n(2) in Part II,− \r\n(i) entries 4, 5, 6, 7, and 8 shall be renumbered as entries \r\n14, 15, 16, 17 and 18, respectively, and\r\n(ii) after entry 3, the following new entries shall be \r\ninserted, namely:− \r\n“4. Electricity.\r\n 5. Major ports, that is to say, the declaration and \r\ndelimitation of such ports, and the constitution and \r\npowers of port authorities therein. \r\n 6. All regulatory authorities established under a \r\nFederal law.\r\n 7. National planning and national economic \r\ncoordination including planning and coordination of \r\nscientific and technological research.\r\n 8. Supervision and management of public debt.\r\n 9. Census.\r\n10. Extension of the powers and jurisdiction of \r\nmembers of a police force belonging to any \r\nConstitution: (Amendment) Order, 2007 | 303\r\nProvince to any area in another Province, but not so \r\nas to enable the police of one Province to exercise \r\npowers and jurisdiction in another Province without \r\nthe consent of the Government of that Province; \r\nextension of the powers and jurisdiction of \r\nmembers of a police force belonging to any \r\nProvince to railway areas outside that Province. \r\n11. Legal, medical and other professions.\r\n12. Standards in institutions for higher education and \r\nresearch, scientific and technical institutions.\r\n13. Inter-provincial matters and co-ordination.”.\r\n(3) The Concurrent Legislative List and the entries thereto \r\nfrom 1 to 47 (both inclusive) shall be omitted.\r\n102. Omission of the Sixth and the Seventh Schedule in the \r\nConstitution.− In the Constitution, the Sixth Schedule and the \r\nSeventh Schedule shall be omitted. \r\n304 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Nineteenth Amendment) Act, 2010\r\n(I of 2011)\r\n[4 January 2011]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Nineteenth Amendment) Act, 2010.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 81 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 81,− \r\n(i) in paragraph (a), in sub-paragraph (i), after the word \r\n\"Court\" occurring at the end, the words \" and the Islamabad \r\nHigh Court\" shall be added; and \r\n(ii) for paragraph (b), the following shall be substituted, \r\nnamely:− \r\n“(b) the administrative expenses, including the \r\nremuneration payable to officers and servants, of the \r\nSupreme Court, the Islamabad High Court, the department \r\nof the Auditor-General, the Office of the Chief Election \r\nCommissioner and of the Election Commission and the \r\nSecretariats of the Senate and the National Assembly;\" .\r\n3. Amendment of Article 175 of the Constitution .− In the \r\nConstitution, in Article 175, in clause (1), for the Explanation the \r\nfollowing shall be substituted, namely:− \r\n“Explanation.- Unless the context otherwise requires, the \r\nwords “High Court” wherever occurring in the Constitution shall \r\ninclude “Islamabad High Court.” \r\n1This Act received the assent of the President on 1 January 2011; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 4 January 2011, pp.1-4.\r\nConstitution: (Amendment) Order, 2007 | 305\r\n4. Amendment of Article 175A of the Constitution .− In the \r\nConstitution, in Article 175A,− \r\n(a) in clause (2),− \r\n(i) in paragraph (ii), for the word \" two\" the word \"four \" \r\nshall be substituted; and \r\n(ii) in paragraph (iii), for the word \"two\" occurring for \r\nthe first time, the word \"four\" shall be substituted;\r\n(b) in clause (5),− \r\n(i) for paragraph (iv), the following shall be substituted, \r\nnamely:− \r\n\"(iv) an advocate having not less than fifteen \r\nyears practice in the High Court to be nominated by \r\nthe concerned Bar Council for a term of two years:\"; \r\nand \r\n(ii) for the provisos the following shall be substituted, \r\nnamely:− \r\n“Provided that for appointment of the Chief \r\nJustice of a High Court the most Senior Judge \r\nmentioned in paragraph (ii) shall not be member of \r\nthe Commission: \r\nProvided further that if for any reason the \r\nChief Justice of a High Court is not available, he \r\nshall be substituted by a former Chief Justice or \r\nformer Judge of that Court, to be nominated by \r\nthe Chief Justice of Pakistan in consultation with \r\nthe four member Judges of the Commission \r\nmentioned in paragraph (ii) of clause (2).\"; \r\n(c) in clause (6), in the first proviso, after the word \"the\" \r\noccurring for the first time, the words \" Chief Justice and \r\nthe\" shall be inserted; \r\n(d) in clause (9), for the full-stop at the end a colon shall be \r\nsubstituted and thereafter the following proviso shall be \r\ninserted, namely:− \r\n“Provided that when the National Assembly is \r\ndissolved, the total membership of the Parliamentary \r\nCommittee shall consist of the members from the \r\nSenate only mentioned in paragraph (i) and the \r\nprovisions of this Article shall, mutatis mutandis apply.\"; \r\n(e) in clause (12),− \r\n306 | Constitution: (Amendment) Order, 2007\r\n(i) for the proviso the following shall be substituted, \r\nnamely:− \r\n“Provided that the Committee, for reasons to be \r\nrecorded, may not confirm the nomination by three-\r\nfourth majority of its total membership within the \r\nsaid period:\"; and \r\n(ii) after the proviso substituted as aforesaid, the \r\nfollowing new provisos shall be inserted, namely:− \r\n“Provided further that if a nomination is not \r\nconfirmed by the Committee it shall forward its \r\ndecision with reasons so recorded to the \r\nCommission through the Prime Minister: \r\nProvided further that if a nomination is not \r\nconfirmed, the Commission shall send another \r\nnomination.\"; \r\n(f) for clause (13), the following shall be substituted, \r\nnamely:− \r\n\"(13) The Committee shall send the name of the \r\nnominee confirmed by it or deemed to have been \r\nconfirmed to the Prime Minister who shall forward the \r\nsame to the President for appointment.\";\r\n(g) clause (15) shall be renumbered as clause (17) and \r\nafter the existing clause (14), the following new clauses \r\nshall be inserted, namely:− \r\n\"(15) The meetings of the Committee shall be held \r\nin camera and the record of its proceedings shall be \r\nmaintained.\r\n(16) The provisions of Article 68 shall not apply to \r\nthe proceedings of the Committee.\"\r\n5. Amendment of Article 182 of the Constitution .− In the \r\nConstitution, in Article 182, after the word \"Pakistan\" the commas, \r\nwords, figure and letter \", in consultation with the Judicial Commission \r\nas provided in clause (2) of Article 175A,\" shall be inserted. \r\n6. Amendment of Article 213 of the Constitution .− In the \r\nConstitution, in Article 213, in clause (2B),− \r\n(i) for the second proviso, the following shall be \r\nsubstituted, namely:− \r\nConstitution: (Amendment) Order, 2007 | 307\r\n“Provided further that the total strength of the \r\nParliamentary Committee shall be twelve members out \r\nof which one-third shall be from the Senate.\"; and \r\n(ii) in the third proviso, for the words \"Parliamentary \r\nCommittee shall comprise\" the words \"total membership \r\nof the Parliamentary Committee shall consist of \" shall \r\nbe substituted. \r\n7. Amendment of Article 246 of the Constitution .− In the \r\nConstitution, in Article 246,− \r\n(i) in paragraph (a), sub-paragraphs (iii) and (iv) shall be \r\nomitted; and \r\n(ii) in paragraph (c),− \r\n(a) after sub-paragraph (iii) the following new sub-\r\nparagraph shall be inserted, namely:− \r\n\"(iiia) Tribal Areas adjoining Lakki Marwat district;\" \r\nand \r\n(b) after sub-paragraph (iv) the following new sub-\r\nparagraph shall be inserted, namely:− \r\n“(iva) Tribal Areas adjoining Tank District;\". \r\n308 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Twentieth Amendment) Act, 2012\r\n(V of 2012)\r\n[29 February 2012]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan;\r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Twentieth Amendment) Act, 2012.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 48 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 48, in clause (5), in paragraph (b), after \r\nthe word \"Cabinet\", the words, commas, figures and letter \"in \r\naccordance with the provisions of Article 224 or, as the case may be, \r\nArticle 224A\", shall be added.\r\n3. Amendment of Article 214 of the Constitution .− In the \r\nConstitution, in Article 214,− \r\n(a) in the marginal note, the word “Commissioner’s”, shall be \r\nomitted; and \r\n(b) after the word “Pakistan”, the commas and words “, and a \r\nmember of the Election Commission shall make before the \r\nCommissioner,”, shall be inserted. \r\n4. Amendment of Article 215 of the Constitution .− In the \r\nConstitution, in Article 215,− \r\n(a) in the marginal note, after the word \"Commissioner\", the \r\nwords \"and members\", shall be added; \r\n(b) in clause (1),− \r\n(i) after the word \"Commissioner\", the words \"and a \r\nmember\", shall be inserted; and \r\n1This Act received the assent of the President on 28 February 2012; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 29 February 2012, pp.93-97.\r\nConstitution: (Amendment) Order, 2007 | 309\r\n(ii) in the proviso, after the word “incumbent”, the word \r\n“Commissioner”, shall be added; \r\n(c) in clause (2),− \r\n(i) after the word “Commissioner”, occurring for the first \r\ntime, the words “or a member”, shall be inserted; and \r\n(ii) after the word “Commissioner”, at the end, the words \r\nand commas “or, as the case may be, a member”, shall \r\nbe added; and \r\n(d) in clause (3), after the word “Commissioner”, the words “or \r\na member”, shall be inserted. \r\n5. Amendment of Article 216 of the Constitution .− In the \r\nConstitution, in Article 216,− \r\n(a) in the marginal note, after the word \"Commissioner\", the \r\nwords \"and members\", shall be inserted; \r\n(b) in clause (1), after the word “Commissioner”, the words “or \r\na member”, shall be inserted; and \r\n(c) in clause (2), after the word “Commissioner”, occurring for \r\nthe first time, the words “or a member”, shall be inserted. \r\n6. Amendment of Article 218 of the Constitution .− In the \r\nConstitution, in Article 218, in clause (3), the words \"constituted in \r\nrelation to an election\", shall be omitted. \r\n7. Amendment of Article 219 of the Constitution .− In the \r\nConstitution, in Article 219, in paragraph (e), for the full stop, at the \r\nend, a colon shall be substituted and thereafter the following proviso \r\nshall be inserted, namely:− \r\n“Provided that till such time as the members of the \r\nCommission are first appointed in accordance with the \r\nprovisions of paragraph (b) of clause (2) of Article 218 \r\npursuant to the Constitution (Eighteenth Amendment) Act, \r\n2010, and enter upon their office, the Commissioner shall \r\nremain charged with the duties enumerated in paragraphs (a), \r\n(b) and (c) of this Article.”. \r\n8. Amendment of Article 224 of the Constitution .− In the \r\nConstitution, in Article 224,− \r\n(a) in clause (1A),− \r\n(i) in the first proviso, for the word \"selected\", the word \r\n\"appointed\", shall be substituted; \r\n310 | Constitution: (Amendment) Order, 2007\r\n(ii) after the proviso, as amended hereinabove, the \r\nfollowing new proviso shall be inserted, namely:− \r\n“Provided further that if the Prime Minister or a \r\nChief Minister and their respective Leader of the \r\nOpposition do not agree on any person to be \r\nappointed as a care-taker Prime Minister or the \r\ncare-taker Chief Minister, as the case may be, the \r\nprovisions of Article 224A shall be followed:” ; and \r\n(iii) in the second proviso, for the word “further”, the \r\nword “also”, shall be substituted; and \r\n(b) in clause (6), for the full stop, at the end, a colon shall \r\nbe substituted and thereafter the following proviso shall \r\nbe added, namely:− \r\n“Provided that if at any time the party list is \r\nexhausted, the concerned political party may submit a \r\nname for any vacancy which may occur thereafter.”. \r\n9. Insertion of new Article 224A of the Constitution .− In the \r\nConstitution, after Article 224, amended as aforesaid, the following \r\nnew Article, shall be inserted, namely:− \r\n“224A. Resolution by Committee or Election Commission .− (1) \r\nIn case the Prime Minister and the Leader of the Opposition in the \r\noutgoing National Assembly do not agree on any person to be \r\nappointed as the care-taker Prime Minister, within three days of \r\nthe dissolution of the National Assembly, they shall forward two \r\nnominees each to a Committee to be immediately constituted by \r\nthe Speaker of the National Assembly, comprising eight members \r\nof the outgoing National Assembly, or the Senate, or both, having \r\nequal representation from the Treasury and the Opposition, to be \r\nnominated by the Prime Minister and the Leader of the Opposition \r\nrespectively.\r\n(2) In case a Chief Minister and the Leader of the Opposition \r\nin the outgoing Provincial Assembly do not agree on any person to \r\nbe appointed as the care-taker Chief Minister, within three days of \r\nthe dissolution of that Assembly, they shall forward two nominees \r\neach to a Committee to be immediately constituted by the Speaker \r\nof the Provincial Assembly, comprising six members of the \r\noutgoing Provincial Assembly having equal representation from \r\nthe Treasury and the Opposition, to be nominated by the Chief \r\nMinister and the Leader of the Opposition respectively.\r\n(3) The Committee constituted under clause (1) or (2) shall \r\nfinalize the name of the care-taker Prime Minister or care-taker \r\nConstitution: (Amendment) Order, 2007 | 311\r\nChief Minister, as the case may be, within three days of the \r\nreferral of the matter to it: \r\nProvided that in case of inability of the Committee to decide \r\nthe matter in the aforesaid period, the names of the nominees \r\nshall be referred to the Election Commission of Pakistan for final \r\ndecision within two days. \r\n(4) The incumbent Prime Minister and the incumbent Chief \r\nMinister shall continue to hold office till appointment of the care-\r\ntaker Prime Minister and the care-taker Chief Minister, as the case \r\nmay be.\r\n(5) Notwithstanding anything contained in clauses (1) and (2), \r\nif the members of the Opposition are less than five in the Majlis-e-\r\nShoora (Parliament) and less than four in any Provincial \r\nAssembly, then all of them shall be members of the Committee \r\nmentioned in the aforesaid clauses and the Committee shall be \r\ndeemed to be duly constituted.”.\r\n10.Amendment of the Second Schedule to the \r\nConstitution.− In the Constitution, in the Second Schedule,− \r\n(a) in paragraph 1,− \r\n(i) for the words “Chief Election Commissioner”, the \r\nwords “Election Commission of Pakistan”, shall be \r\nsubstituted; and \r\n(ii) after the word “and”, occurring for the second time, \r\nthe words “Chief Election Commissioner”, shall be \r\ninserted; and \r\n(b) in paragraphs 2 and 22, for the words “Chief Election \r\nCommissioner”, the words “Election Commission of \r\nPakistan”, shall be substituted. \r\n11.Amendment of the Third Schedule to the Constitution.− In \r\nthe Constitution, in the Third Schedule, in the Oath prescribed for the \r\nChief Election Commissioner,− \r\n(a) in the title, after the word “COMMISSIONER”, the \r\nwords “OR A MEMBER OF THE ELECTION \r\nCOMMISSION OF PAKISTAN”, shall be added; and \r\n(b) after the word “Commissioner”, the words and commas \r\n“or, as the case may be, member of the Election \r\nCommission of Pakistan”, shall be inserted.\r\n312 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Twenty-First Amendment) Act, 2015\r\n(I of 2015)\r\n[8 January 2015]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan;\r\nWHEREAS extraordinary situation and circumstances exist which \r\ndemand special measures for speedy trial of certain offences relating \r\nto terrorism, waging of war or insurrection against Pakistan and \r\nprevention of acts threatening the security of Pakistan by any terrorist \r\nor terrorist group, armed group, wing and militia or their members \r\nusing the name of religion or a sect; \r\nAND WHEREAS there exists grave and unprecedented threat to \r\nthe integrity of Pakistan and objectives set out in the Preamble to the \r\nConstitution by the framers of the Constitution, from the terrorist \r\ngroups by raising of arms and insurgency using the name of religion or \r\na sect or from the foreign and locally funded anti-state elements; \r\nAND WHEREAS it is expedient that the said terrorists groups \r\nincluding any such terrorists fighting while using the name of religion \r\nor a sect, captured or to be captured in combat with the Armed Forces \r\nor otherwise are tried by the courts established under the Acts \r\nmentioned hereinafter in section 2; \r\nAND WHEREAS the people of Pakistan have expressed their \r\nfirm resolve through their chosen representatives in the all parties \r\nconferences held in aftermath of the sad and terrible terrorist attack on \r\nthe Army Public School at Peshawar on 16 December 2014 to \r\npermanently wipe out and eradicate terrorists from Pakistan, it is \r\nexpedient to provide constitutional protection to the necessary \r\nmeasures taken hereunder in the interest of security and integrity of \r\nPakistan; \r\nIt is hereby enacted as follows:− \r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Twenty-first Amendment) Act, 2015.\r\n(2) It shall come into force at once.\r\n1This Act received the assent of the President on 7 January 2015; and, was published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated: 8 January 2015, pp.1-3.\r\nConstitution: (Amendment) Order, 2007 | 313\r\n(3) The provisions of this Act shall remain in force for a period of \r\ntwo years from the date of its commencement and shall cease to form \r\npart of the Constitution and shall stand repealed on the expiration of \r\nthe said period. \r\n2. Amendment of Article 175 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter called the \r\nConstitution, in Article 175, in clause (3), for the full stop at the end a \r\ncolon shall be substituted and thereafter, the following proviso shall be \r\ninserted, namely:− \r\n“Provided that the provisions of this Article shall have no \r\napplication to the trial of persons under any of the Acts mentioned \r\nat serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First \r\nSchedule, who claims, or is known, to belong to any terrorist group \r\nor organization using the name of religion or a sect. \r\nExplanation: In this proviso, the expression ‘sect’ means a sect \r\nof religion and does not include any religious or political party \r\nregulated under the Political Parties Order, 2002.\" \r\n3. Amendment in the First Schedule of the Constitution .− In \r\nthe Constitution, in the First Schedule, in sub-part III of Part I, after \r\nserial No. 5, the following new entries shall be added, namely:− \r\n“6. The Pakistan Army Act, 1952 (XXXIX of 1952).\r\n 7. The Pakistan Air Force Act, 1953 (VI of 1953).\r\n 8. The Pakistan Navy Ordinance, 1961 (XXXV of 1961).\r\n 9. The Protection of Pakistan Act, 2014 (X of 2014).”.\r\n314 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Twenty-second Amendment) Act, 2016\r\n(XXV of 2016)\r\n[10 June 2016]\r\nAn\r\nAct\r\nfurther to amend the Constitution of the Islamic Republic of Pakistan\r\nWHEREAS it is expedient further to amend the Constitution of the \r\nIslamic Republic of Pakistan for the purposes hereinafter appearing;\r\nIt is hereby enacted as follows:−\r\n1. Short title and commencement .− (1) This Act may be called \r\nthe Constitution (Twenty-second Amendment) Act, 2016.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 81 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 81, in paragraph (b), for the word \r\n“servants”, the word “staff”, shall be substituted. \r\n3. Amendment of heading of CHAPTER 1, PART VIII of the \r\nConstitution.− In the Constitution, in PART VIII, in CHAPTER 1, in the \r\nheading, for the word “COMMISSIONS” the word “COMMISSION” \r\nshall be substituted. \r\n4. Amendment of Article 213 of the Constitution .− In the \r\nConstitution, in Article 213,−\r\n(i) for clause (2), the following shall be substituted namely:−\r\n“(2) No person shall be appointed Commissioner \r\nunless he has been a judge of the Supreme Court or \r\nhas been a senior civil servant or is a technocrat and is \r\nnot more than sixty-eight years of age.\r\nExplanation 1.− “senior civil servant” means a civil \r\nservant who has served for at least twenty years under \r\nFederal or a Provincial Government and has retired in \r\nBPS-22 or above.\r\nExplanation 2. − “technocrat” means a person who is \r\nthe holder of a degree requiring conclusion of at least \r\nsixteen years of education, recognized by the Higher \r\nEducation Commission and has at least twenty years of \r\n1This Act received assent of the President on 8 June 2016; and was published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated: 10 June 2016, pp. 389-392. \r\nConstitution: (Amendment) Order, 2007 | 315\r\nexperience including a record of achievements at the \r\nnational or international level.”;\r\n(ii) in clause (2A), for the full stop at the end, the colon shall be \r\nsubstituted and thereafter the following proviso shall be \r\ninserted, namely:−\r\n“Provided that in case there is no consensus between \r\nthe Prime Minister and the Leader of the Opposition, \r\neach shall forward separate lists to the Parliamentary \r\nCommittee for consideration which may confirm any \r\none name.”;\r\n(iii) in clause (2B).−\r\n(a) the first proviso shall be omitted;\r\n(b) in the second proviso, the word “further”, shall be \r\nomitted; and \r\n(c) in the third proviso, for the word “also”, the word, \r\n“further” shall be substituted; and \r\n(iv) in clause (3), after the word “Commissioner” the words “or \r\na member” shall be inserted.\r\n5. Amendment of Article 215 of the Constitution. − In the \r\nConstitution, in Article 215,−\r\n(i) in clause (1), for the proviso, the following provisos shall be \r\nsubstituted, namely:−\r\n“Provided that two of the members shall retire after \r\nthe expiration of first two and a half years and two shall \r\nretire after the expiration of the next two and a half \r\nyears:\r\nProvided further that the Commission shall for the \r\nfirst term of office of members draw a lot as to which \r\ntwo members shall retire after the first two and a half \r\nyears:\r\nProvided also that the term of office of a member \r\nappointed to fill a causal vacancy shall be the un-\r\nexpired term of office of the member whose vacancy he \r\nhas filled.”; and\r\n(ii) after clause (3), the following new clause shall be inserted, \r\nnamely:−\r\n“(4) Vacancy in the office of the Commissioner or a \r\nmember shall be filled within forty-five days.”.\r\n6. Amendment of Article 216 of the Constitution .− In the \r\nConstitution, in Article 216, in clause (2), for the colon a full-stop shall \r\nbe substituted and the proviso shall be omitted.\r\n316 | Constitution: (Amendment) Order, 2007\r\n7. Amendment of Article 217 of the Constitution. − In the \r\nConstitution, in Article 217, for the word “a Judge of the Supreme \r\nCourt nominated by the Chief Justice of Pakistan”, the words “the \r\nmost senior member in age of the members of Commission” shall be \r\nsubstituted.\r\n8. Amendment of Article 218 of the Constitution. − In the \r\nConstitution, in Article 218, in clause (2), for paragraph (b), the \r\nfollowing shall be substituted, namely:− \r\n“(b) four members, one from each Province, each of whom \r\nshall be a person who has been a judge of a High \r\nCourt or has been a senior civil servant or is a \r\ntechnocrat and is not more than sixty-five years of age, \r\nto be appointed by the President in the manner \r\nprovided for appointment of the Commissioner in \r\nclause (2A) and (2B) of Article 213.\r\nExplanation.− “senior civil servant” and “technocrat” \r\nshall have the same meaning as given in clause (2) of \r\nArticle 213.”.\r\n9. Amendment of Article 219 of the Constitution .− In the \r\nConstitution, in Article 219,− \r\n(i) in the marginal heading, for the word “Commissioner”, the \r\nword “Commission” shall be substituted; and \r\n(ii) for paragraph “(a)” the following shall be substituted, \r\nnamely:−\r\n“(a) preparing electoral rolls for election to the National \r\nAssembly, Provincial Assemblies and local \r\ngovernments, and revising such rolls periodically to \r\nkeep them up-to-date;”.\r\n10.Amendment of Article 221 of the Constitution. − In the \r\nConstitution, in Article 221,−\r\n(i) in the marginal heading, for the word “servants”, the word \r\n“staff” shall be substituted; and\r\n(ii) for the words “Election Commission”, occurring for the \r\nsecond time, the word “Commissioner” and for the word \r\n“servants”, the word “staff” shall be substituted.\r\n11.Amendment of Article 222 of the Constitution .− In the \r\nConstitution, in Article 222,−\r\n(i) in paragraph (b), after the word “Commission”, occurring at \r\nthe end, the word “including delimitation of constituencies \r\nof local governments” shall be added;\r\n(ii) in paragraph (f),−\r\nConstitution: (Amendment) Order, 2007 | 317\r\n(a) after the word “Houses”, a comma shall be inserted \r\nand the word “and” occurring thereafter shall be \r\nomitted;\r\n(b) after the word “Assemblies”, occurring at the end, \r\nthe words “and local governments” shall be added; \r\nand \r\n(iii) for the word “an”, appearing before the words “Election \r\nCommission” occurring for the second time, the word “the” \r\nshall be substituted. \r\n \r\nThe Constitution \r\n(Ninth Amendment) Bill, 1985\r\nThe Constitution \r\n(Eleventh Amendment) Bill, 1989\r\nThe Constitution \r\n(Fifteenth Amendment) Bill, 1998\r\nThe above Bills were not enacted as Acts of Parliament\r\n318 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Amendment) Order, 1979\r\n(President's Order No. 3 of 1979)\r\n[7 February 1979]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo. 1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President and C.M.L.A. is pleased to make the following \r\nOrder: \r\n1. Short title and commencement .− (1) This Order may be \r\ncalled the Constitution (Amendment) Order, 1979. \r\n(2) It shall come into force on the twelfth day of Rabi-ul-Awwal, \r\n1399 Hijri, that is, the tenth day of February, 1979. \r\n2. Insertion of new Chapter 3A in Part VII of the \r\nConstitution.− In the Constitution, in Part VII, after Chapter 3, the \r\nfollowing new Chapter shall be inserted, namely:− \r\n“CHAPTER 3A\r\nSHARIAT BENCHES OF SUPERIOR COURTS\r\n203A Provisions of Chapter to override other provisions \r\nof the Constitution .− The provisions of this Chapter shall have \r\neffect notwithstanding anything contained in the Constitution. \r\n203B Conferment of jurisdiction on High Court .− (1) A \r\nHigh Court may, on the petition of a citizen of Pakistan or the \r\nFederal Government or a Provincial Government, examine and \r\ndecide the question whether or not any law or provision of law is \r\nrepugnant to the injunctions of Islam as laid down in the Holy \r\nQur'an and the Sunnah of the Holy Prophet, hereafter in this \r\nChapter referred to as the Injunctions of Islam. \r\nExplanation.- In this Chapter, \"law\" includes any custom or usage \r\nhaving the force of law but does not include the Constitution, \r\nMuslim personal law, any law relating to the procedure of any \r\ncourt or tribunal or, until the expiration of three years from the \r\ncommencement of this Chapter, any fiscal law, or any law relating \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 7 February 1979, pp.29-32: it \r\ncame into force on 10 February 1979, Article 1(2). \r\nConstitution: (Amendment) Order, 2007 | 319\r\nto the collection of taxes and fees or banking or insurance practice \r\nand procedure. \r\n(2) If the High Court decides that any law or provision of law is \r\nrepugnant to the Injunctions of Islam, it shall set out in its decision− \r\n(a) the reasons for its holding that opinion; and\r\n(b) the extent to which such law or provision is so repugnant; \r\nand specify the day on which the decision shall take effect. \r\n(3) Every decision of the High Court shall be published in the \r\nofficial Gazette. \r\n(4) If any law or provision of law is held by the High Court to be \r\nrepugnant to the Injunction of Islam,−\r\n(a) the President in case of a law with respect to a matter in \r\nthe Federal Legislative list or the Concurrent Legislative \r\nList, or the Governor in the case of a law with respect to a \r\nmatter not enumerated in either of those lists, shall take \r\nsteps to amend the law so as to bring such law or provision \r\ninto conformity with the injunctions of Islam; and \r\n(b) such law or provision shall, to the extent to which it is held \r\nto be so repugnant, cease to have effect on the day on \r\nwhich the decision of the High Court takes effect. \r\n(5) A party to any proceedings before the High Court under clause \r\n(1) may be represented by a legal practitioner who is a Muslim who \r\nhas been enrolled as an advocate of a High Court for a period of not \r\nless than five years or as an advocate of the Supreme Court or by a \r\njurisconsult selected by the party from out of a panel of jurisconsults \r\nmaintained by the High Court for the purpose.\r\n(6) For being eligible to have his name borne on the panel of \r\njurisconsults referred to in clause (5), a person shall be an aalim who, \r\nin the opinion of the High Court, is well-versed in Shariat. \r\n(7) A legal practitioner or jurisconsult representing a party before \r\nthe High Court shall not plead for the party but shall state, expound \r\nand interpret the injunctions of Islam relevant to the proceedings so far \r\nas may be known to him and submit to the Court a written statement \r\nof his interpretation of such Injunctions of Islam. \r\n(8) The High Court may invite any person in Pakistan or abroad \r\nwhom the High Court considers to be well-versed in Islamic law to \r\nappear before it and render such assistance as may be required of \r\nhim. \r\n(9) No court-fee shall be payable in respect of any petition or \r\napplication made to a High Court under this Article. \r\n320 | Constitution: (Amendment) Order, 2007\r\n(10) For the purpose of the exercise of the jurisdiction conferred by \r\nthis Article, there shall be constituted in each High Court a Bench \r\nconsisting of three Muslim Judges of the High Court, to be called the \r\nShariat Bench; and reference in the preceding clauses to the High \r\nCourt shall be construed as a reference to the Shariat Bench.\r\n203C Appeal to Supreme Court.− (1) Any party in any \r\nproceedings before a High Court under Article 203B aggrieved by the \r\nfinal decision of the High Court in such proceedings may, within sixty \r\ndays of such decision, prefer an appeal to the Supreme Court. \r\n(2) The provisions of clauses (2) to (9) of Article 203B shall apply \r\nto and in relation to the Supreme Court as if reference in those \r\nprovisions to High Court were a reference to the Supreme Court. \r\n(3) For the purpose of the exercise of the jurisdiction conferred by \r\nthis Article, there shall be constituted in the Supreme Court a Bench \r\nconsisting of three Muslim Judges of the Supreme Court, to be called \r\nthe Shariat Appellate Bench; and reference in the preceding clauses \r\nto the Supreme Court shall be construed as a reference to the Shariat \r\nAppellate Bench.\r\n203D Pending proceedings to continue .− Nothing in Article \r\n203B or Article 203C shall be deemed to require any proceedings \r\npending in any court or tribunal immediately before the \r\ncommencement of this Chapter, or initiated after such \r\ncommencement, to be adjourned or stayed by reason of a petition \r\nhaving been made to a High Court or the Supreme Court for a \r\ndecision as to whether or not a law or provision of law relevant to the \r\ndecision of the point in issue in such proceedings is repugnant to the \r\nInjunctions of Islam; and such proceedings shall continue, and the \r\npoint in issue therein shall be decided, in accordance with the law for \r\nthe time being in force. \r\n203E Power to make rules.− (1)The Supreme Court, in \r\nconsultation with the High Courts, may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Chapter. \r\n(2) In particular, and without prejudice to the generality of the \r\nforegoing power, such rules may make provision in respect of all or \r\nany of the following matters,−\r\n(a) regulation of the practice and procedure of a High Court \r\nand the Supreme Court in the exercise of jurisdiction under \r\nthis Chapter; \r\n(b) the maintenance by a High Court and the Supreme Court \r\nof a panel of jurisconsults and of ulema who may be invited \r\nby the High Court or, as the case may be, Supreme Court \r\nto appear before it and render assistance to it in the \r\nConstitution: (Amendment) Order, 2007 | 321\r\nperformance of its functions under this Chapter and the \r\nqualifications of such ulema; and \r\n(c) the scale of payment of the honorarium, travelling \r\nallowance and daily allowance to be paid to ulema, \r\njurisconsults, experts and witnesses summoned by the \r\nHigh Court or the Supreme Court in the performance of its \r\nfunctions under this Chapter.”.\r\n3. Repeal.− The Shariat Benches of Superior Courts Order, 1978 \r\n(P. O. No. 22 of 1978), is hereby repealed.\r\n322 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Second Amendment) Order, 1979\r\n(President's Order No. 21 of 1979)\r\n[18 October 1979]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (CMLA Order No. 1 \r\nof 1977), and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make the following Order:−\r\n1. Short title and commencement. − (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1979.\r\n(2) It shall come into force at once and shall be deemed to have taken \r\neffect on the fifth day of July, 1977.\r\n2. Addition of new Article 212-A in the Constitution .− In the \r\nConstitution, in Part VII, after Article 212, the following new Article \r\nshall be added, namely:−\r\n\"212A. Establishment of Military Courts or Tribunals .− (1) \r\nNotwithstanding anything hereinbefore contained, the Chief \r\nMartial Law Administrator may, by a Martial Law Order, \r\nprovide for the establishment of one or more Military Courts or \r\nTribunals for the trial of offences punishable under the Martial \r\nLaw Regulations or Martial Law Orders or any other law, \r\nincluding a special law, for the time being in force specified in \r\nthe said Martial Law Order and for the transfer of cases to \r\nsuch Courts or Tribunals.\r\n(2) The jurisdiction and powers of a Military Court or Tribunal \r\nshall be such as may be specified in a Martial Law Order \r\nissued by the Chief Martial Law Administrator.\r\n(3) Notwithstanding anything hereinbefore contained, where \r\nany Military Court or Tribunal is established, no other Court, \r\nincluding a High Court, shall grant an injunction, make any \r\norder or entertain any proceedings in respect of any matter to \r\nwhich the jurisdiction of the Military Court or Tribunal extends \r\nand of which cognizance has been taken by, or which has \r\nbeen transferred to, the Military Court or Tribunal and all \r\n1Issued by the President on 16 October 1979; published in the Gazette of Pakistan \r\n(Extraordinary), Part-I, dated 18 October 1979, pp.517-518, and came into force on 5 July 1977. \r\nArticle 1(2). \r\nConstitution: (Amendment) Order, 2007 | 323\r\nproceedings in respect of any such matter which may be \r\npending before such other Court, other than an appeal pending \r\nbefore the Supreme Court shall abate.\".\r\n1The Constitution \r\n1Issued by the President on 26 May 1980 and, Published in the Gazette of Pakistan \r\n(Extraordinary), Part-I, dated 27 May 1980, pp.59-64. \r\n324 | Constitution: (Amendment) Order, 2007\r\n(Amendment) Order, 1980 \r\n(President's Order No. 1 of 1980)\r\n[26 May 1980]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (CMLA Order No. 1 \r\nof 1977), and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make the following Order −\r\n1. Short title and commencement .− (1) This Order may be \r\ncalled the Constitution (Amendment) Order, 1980. \r\n(2) It shall come into force at once. \r\n2. Amendment of Article 199 of the Constitution .− In the \r\nConstitution, in Article 199, after clause (3), the following new clauses \r\nshall be inserted, namely:− \r\n\"(3A) Notwithstanding any judgment of any court, including any \r\njudgment in respect of the powers of courts relating to judicial \r\nreview, a High Court shall not, under this Article,− \r\n(a) make an order relating to the validity or effect of, any \r\nMartial Law Regulation made by the Chief Martial Law \r\nAdministrator or any Martial Law Order made by the Chief \r\nMartial Law Administrator or a Martial Law Administrator or \r\nof anything done, or action taken, or intended to be done or \r\ntaken, thereunder; \r\n(b) make an order relating to the validity or effect of any \r\njudgment or sentence passed by a Military Court or \r\nTribunal; \r\n(c) grant an injunction, make any order or entertain any \r\nproceedings in respect of any matter to which the \r\njurisdiction of a Military Court or Tribunal extends and of \r\nwhich cognizance has been taken by a Military Court or \r\nTribunal; or \r\n(d) issue any process against the Chief Martial Law \r\nAdministrator or a Martial Law Administrator or any person \r\nacting under the authority of either. \r\n(3B) Every such order, injunction or process as is referred to in \r\nclause (3A) made, granted or issued at any time before or after the \r\ncommencement of the Constitution (Amendment) Order, 1980, \r\nshall, notwithstanding any judgment of any court, be null and void \r\nand of no effect whatsoever and any proceedings for the making, \r\ngranting or issue of such order, injunction or process which may \r\nConstitution: (Amendment) Order, 2007 | 325\r\nbe pending before any court, including in the Supreme Court and a \r\nHigh Court, shall abate. \r\n(3C) The proclamation of the fifth day of July ,1977, all \r\nPresident’s Orders, Orders of the Chief Martial Law Administrator, \r\nMartial Law Regulations and Martial Law Orders made on or after \r\nthe fifth day of July, 1977, are hereby declared, notwithstanding \r\nany judgment of any court, to have been validly made.\". \r\n3. Substitution of Chapter 3A in Part VII of the \r\nConstitution.− In the Constitution, in Part VII, for Chapter 3A the \r\nfollowing shall be substituted, namely:− \r\n“CHAPTER 3A\r\nFEDERAL SHARIAT COURT\r\n203A Provisions of Chapter to override other provisions of \r\nConstitution.− The provisions of this Chapter shall have effect \r\nnotwithstanding anything contained in the Constitution. \r\n203B Definitions.− In this Chapter, unless there is anything \r\nrepugnant in the subject or context,−\r\n(a) \"Chairman\" means Chairman of the Court; \r\n(b) \"Court\" means the Federal Shariat Court constituted in \r\npursuance of Article 203C; \r\n(c) \"law\" includes any custom or usage having the force of law \r\nbut does [not] 1 include the Constitution, Muslim personal \r\nlaw, any law relating to the procedure of any court or \r\ntribunal or, until the expiration of three years from \r\ncommencement of this Chapter, any fiscal law or any law \r\nrelating to the levy and collection of taxes and fees or \r\nbanking or insurance practice and procedure; and \r\n(d) \"member\" means member of the Court. \r\n203C. The Federal Shariat Court .− (1) There shall be constituted \r\nfor the purposes of this Chapter a court to be called the Federal \r\nShariat Court. \r\n(2) The Court shall consist of five members, including the \r\nChairman, to be appointed by the President. \r\n(3) The Chairman shall be a person who is, or has been or is \r\nqualified to be a Judge of the Supreme Court and a member shall be a \r\nperson who is, or has been or is qualified to be a Judge of a High \r\nCourt. \r\n1The word “not” has not been printed in the Gazette ibid but has been added in the context of the \r\nprovision for the facilitation of the reader. \r\n326 | Constitution: (Amendment) Order, 2007\r\n(4) The Chairman and a member shall hold office for a period not \r\nexceeding three years, but may be appointed for such further term or \r\nterms as the President may determine: \r\nProvided that a Judge of a High Court shall not be appointed to \r\nbe a member for a period exceeding one year except with his \r\nconsent and after consultation by the President with the Chief \r\nJustice of the High Court. \r\n(5) A Judge of a High Court who does not accept appointment as \r\na member shall be deemed to have retired from his office and, on \r\nsuch retirement, shall be entitled to receive a pension calculated on \r\nthe basis of the length of his service as Judge and total service, if any, \r\nin the service of Pakistan. \r\n(6) The Principal seat of the Court shall be at Islamabad, but the \r\nCourt may from time to time sit in such other places in Pakistan as the \r\nChairman may, with the approval of the President, appoint. \r\n(7) Before entering upon office, the Chairman and a member shall \r\nmake before the President or a person nominated by him oath in the \r\nform set out, in the Third Schedule. \r\n(8) At any time when the Chairman or a member is absent or is \r\nunable to perform the functions of his office, the President shall \r\nappoint another person qualified for the purpose to act as Chairman \r\nor, as the case may be, member. \r\n(9) A Chairman who is not a Judge of the Supreme Court shall be \r\nentitled to the same salary, allowances and privileges as are \r\nadmissible to a Judge of the Supreme Court and a member who is not \r\na Judge of a High Court shall be entitled to the same salary, \r\nallowances and privileges as are admissible to a Judge of a High \r\nCourt. \r\n203D. Powers, jurisdiction and functions of the Court .− (1) \r\nThe Court may, on the petition of a citizen of Pakistan or the Federal \r\nGovernment or a Provincial Government, examine and decide the \r\nquestion whether or not any law or provision of law is repugnant to the \r\nInjunctions of Islam as laid down in the Holy Quran and the Sunnah of \r\nthe Holy Prophet, hereinafter referred to as the Injunctions of Islam. \r\n(2) If the Court decides that any law or provision of law is \r\nrepugnant to the Injunctions of Islam, it shall set out in its decision− \r\n(a) the reasons for its holding that opinion; and \r\n(b) the extent to which such law or provision is so repugnant; \r\nand spiffy the day on which the decision shall take effect. \r\n(3) If any law or provision of law is held by the Court to be \r\nrepugnant to the Injunctions of Islam,− \r\nConstitution: (Amendment) Order, 2007 | 327\r\n(a) the President in the case of a law with respect to a matter \r\nin the Federal Legislative List or the Concurrent Legislative \r\nList, or the Governor in the case of a law with respect to a \r\nmatter not enumerated in either of those Lists, shall take \r\nstep to amend the law so as to bring such law or provision \r\ninto conformity with the Injunctions of Islam; and \r\n(b) such law or provision shall, to the extent to which it is held \r\nto be so repugnant, cease to have effect on the day on \r\nwhich the decision of the Court takes effect. \r\n(4) A decision of the Court shall be expressed in terms of the \r\nopinion of the majority of its members and shall be published in the \r\nofficial Gazette. \r\n203E. Powers and procedure of the Court .− (1) For the \r\npurposes of the performance of its functions, the Court shall have the \r\npowers of a Civil Court trying a suit under the Code of Civil Procedure \r\n1908 (Act V of 1908), in respect of the following matters, namely:− \r\n(a) summoning and enforcing the attendance of any person \r\nand examining him on oath; \r\n(b) requiring the discovery and production of any document; \r\n(c) receiving evidence on affidavits; and \r\n(d) issuing commissions for the examination of witnesses or \r\ndocuments. \r\n(2) The Court shall have power to conduct its proceedings and \r\nregulate its procedure in all respects as it deems fit. \r\n(3) The Court shall have the power of a High Court to punish its \r\nown contempt. \r\n(4) A party to any proceedings before the Court under clause (1) \r\nof Article 203D may be represented by a legal practitioner who is a \r\nMuslim and has been enrolled as an advocate of a High Court for a \r\nperiod of not less than five years or as an advocate of the Supreme \r\nCourt or by a jurisconsult selected by the party from out of a panel of \r\njurisconsults maintained by the Court for the purpose. \r\n(5) For being eligible to have his name borne on the panel of \r\njurisconsults referred to in clause (4), a person shall be an aalim who, \r\nin the opinion of the Court, is well-versed in Shariat. \r\n(6) A legal practitioner or jurisconsult representing a party before \r\nthe Court shall not plead for the party but shall state, expound and \r\ninterpret the Injunctions of Islam relevant to the proceedings so for as \r\nmay be known to him and submit to the Court a written statement of \r\nhis interpretation of such Injunctions of Islam. \r\n328 | Constitution: (Amendment) Order, 2007\r\n(7) The Court may invite any person in Pakistan or abroad whom \r\nthe Court considers to be well-versed in Islamic law to appear before it \r\nand render such assistance as may be required of him. \r\n(8) No court fee shall be payable in respect of any petition or \r\napplication made to the Court under this Article. \r\n203F. Appeal to Supreme Court .− (1) Any party to any \r\nproceedings before the Court under Article 203D aggrieved by the \r\nfinal decision of the Court in such proceedings may, within sixty days \r\nof such decision, prefer an appeal to the Supreme Court. \r\n(2) The provisions of clauses (2) and (3) of Article 203D and \r\nclauses (4) to (8) of Article 203E shall apply to and in relation to the \r\nSupreme Court as if reference in those provisions to Court were a \r\nreference to the Supreme Court. \r\n(3) For the purpose of the exercise of the jurisdiction conferred by \r\nthis Article, there shall be constituted in the Supreme Court a Bench \r\nconsisting of three Muslim Judges of the Supreme Court, to be called \r\nthe Shariat Appellate Bench, and reference in the preceding clauses \r\nto \"Supreme Court\" shall be construed as a reference to the Shariat \r\nAppellate Bench. \r\n203G. Bar of jurisdiction .− Save as provided in Article 203F, no \r\ncourt or tribunal, including the Supreme Court and a High Court, shall \r\nentertain any proceedings or exercise any power or jurisdiction in \r\nrespect of any matter within the power or jurisdiction of the Court. \r\n203H. Pending proceedings to continue, etc .− (1) Subject to \r\nclause (2) nothing in this Chapter shall be deemed to require any \r\nproceedings pending in any court or tribunal immediately before the \r\ncommencement of this Chapter or initiated after such commencement, \r\nto be adjourned or stayed by reason only of a petition having been \r\nmade to the Court for a decision as to whether or not a law or \r\nprovision of law relevant to the decision of the point in issue in such \r\nproceedings is repugnant to the Injunctions of Islam; and all such \r\nproceedings shall continue, and the point in issue therein shall be \r\ndecided, in accordance with the law for the time being in force. \r\n(2) All proceedings under clause (1) of Article 203A of the \r\nConstitution that may be pending before any High Court immediately \r\nbefore the commencement of this Chapter shall stand transferred to \r\nthe Court and shall be dealt with by the Court from the stage from \r\nwhich they are so transferred. \r\n(3) Neither the Court nor the Supreme Court shall in the exercise \r\nof its jurisdiction under this Chapter have power to grant an injunction \r\nor make any interim order in relation to any proceedings pending in \r\nany other court or tribunal. \r\nConstitution: (Amendment) Order, 2007 | 329\r\n203I. Administrative arrangement, etc .− The Federal \r\nGovernment shall make all such administrative arrangements, and \r\nmake available to the Court the services of such officers and experts, \r\nas it may consider necessary for the convenient performance of the \r\nfunctions of the Court.\r\n203J. Power to make rules .− (1) The Court may, by notification in \r\nthe official Gazette, make rules for carrying out the purposes of this \r\nChapter. \r\n(2) In particular, and without prejudice to the generality of the \r\nforegoing power, such rules may make provision in respect of all or \r\nany of the following matters, namely:- \r\n(a) the scale of payment of honoraria to be made to \r\njurisconsults, experts and witnesses summoned by the \r\nCourt to defray the expenses, if any, incurred by them in \r\nattending for the purposes of the proceedings before the \r\nCourt; and \r\n(b) the form of oath to be made by a jurisconsult, expert or \r\nwitness appearing before the Court. \r\n(3) Until rules are made under clause (1), the Shariat Benches of \r\nSuperior Courts Rules, 1979, shall, with the necessary modifications \r\nand so far as they are not inconsistent with the provisions of this \r\nChapter, continue in force.”. \r\n4. Amendment of Third Schedule to the Constitution .− In the \r\nConstitution, in the Third Schedule, after the form of oath prescribed \r\nfor the office of Chief Justice of Pakistan, the following form shall be \r\ninserted, namely:− \r\n\"Chairman or member of Federal Shariat Court\r\n[Article 203C(7)]\r\nI, ___________________, do solemnly swear that, as the Chairman \r\n(or a member) of the Federal Shariat Court, I will discharge my duties, \r\nand perform my functions, honestly, to the best of my ability and \r\nfaithfully in accordance with law;\r\nAnd that I will not allow my personal interest to influence my official \r\nconduct or my official decisions.\".\r\n1The Constitution \r\n(Second Amendment) Order, 1980\r\n(President's Order No. 4 of 1980)\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 21 June 1980, pp. 107-108. \r\n330 | Constitution: (Amendment) Order, 2007\r\n[21 June 1980]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement .− (1) This Order may be \r\ncalled the Constitution (Second Amendment) Order, 1980.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203C of the Constitution .− In the \r\nConstitution, in Article 203C,− \r\n(a) in clause (2), after the word “five”, the word “Muslim” shall \r\nbe inserted; \r\n(b) in clause (4), in the proviso, after the word “and”, the \r\ncommas and words “ , except where the Judge is himself \r\nthe Chief Justice,” shall be inserted; and \r\n(c) after clause (4) amended as aforesaid, the following new \r\nclause shall be inserted, namely:− \r\n“(4A) The Chairman, if he is not a Judge of the Supreme \r\nCourt, and a member who is not a Judge of a High Court, \r\nmay, by writing under his hand addressed to the President, \r\nresign his office.”.\r\n3. Amendment of Article 203D of the Constitution .− In t he \r\nConstitution, in Article 203D, clause (4) shall be omitted.\r\n4. Insertion of new Article 203DD in the Constitution .− In the \r\nConstitution, after Article 203D, amended as aforesaid, the following \r\nnew Article shall be inserted, namely:− \r\n“203DD. Further jurisdiction of the Court.− The Court shall have \r\nsuch other jurisdiction as may be conferred on it by or under any \r\nlaw.”\r\n5. Amendment of Article 203E of the Constitution .− In the \r\nConstitution, in Article 203E, in clause (8), for the words “this Article” \r\nthe word, figure and letter Article 203D shall be substituted. \r\n6. Amendment of Article 203J of the Constitution .− In the \r\nConstitution, in Article 203J, in clause (2),− \r\n(a) in paragraph (a), the word “and” at the end shall be \r\nomitted; \r\n(b) in paragraph (b), for the full stop at the end a semicolon \r\nshall be substituted; and \r\nConstitution: (Amendment) Order, 2007 | 331\r\n(c) after paragraph (b), amended as aforesaid, the following \r\nnew paragraphs shall be added, namely:−\r\n“(c) the powers and functions of the Court being \r\nexercised or performed by Benches consisting of one \r\nor more members constituted by the Chairman; \r\n(d) the decision of the Court being expressed in terms of the \r\nopinion of the majority of its members or, as the case may \r\nbe, of the members constituting a Bench; and \r\n(e) the decision of cases in which the members constituting a \r\nBench are equally divided in their opinion.”. \r\n1The Constitution \r\n(Third Amendment) Order, 1980\r\n(President's Order No. 14 of 1980)\r\n[17 September 1980]\r\n1Issued by the President on 17 September 1980 and, Published in the Gazette of Pakistan \r\n(Extraordinary), Part-I, dated: 18 September 1980, p.463. \r\n332 | Constitution: (Amendment) Order, 2007\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Third Amendment) Order, 1980.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 227 of the Constitution .− In the \r\nConstitution, in Article 227, in clause (1), the following Explanation \r\nshall be added at the end, namely:− \r\n“Explanation.- In the application of this clause to the personal law \r\nof any Muslim sect, the expression “Quran and Sunnah” shall \r\nmean the Quran and Sunnah as interpreted by that sect.”. \r\n1The Constitution \r\n(Fourth Amendment) Order, 1980\r\n(President's Order No. 16 of 1980)\r\n[30 November 1980]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 30 November 1980, p. 531. \r\nConstitution: (Amendment) Order, 2007 | 333\r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Fourth Amendment) Order, 1980.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 228 of the Constitution.− In the \r\nConstitution, in Article 228, in clause (2), for the word “fifteen” the \r\nword “twenty” shall be substituted.\r\n \r\n334 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Amendment) Order, 1981\r\n(President's Order No. 5 of 1981)\r\n[13 April 1981]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, of 1977 (C.M.L.A. Order \r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement .− (1) This Order may be \r\ncalled the Constitution (Amendment) Order, 1981.\r\n(2) It shall come into force at once. \r\n2. Insertion of new Article 203CC in the Constitution .− In the \r\nConstitution, after 203C, the following new Article shall be inserted \r\nnamely:− \r\n“203CC. Panel of Ulema and Ulema members.− (1) The \r\nPresident may, in consultation with the Chairman, draw up a panel \r\nof Ulema who are well-versed in Islamic law for being associated \r\nwith the Court in cases before it.\r\n(2) The Chairman shall, in all cases before the Court, request \r\nthe Ulema, not exceeding three, borne on the aforesaid panel \r\nto attend the sittings of the Court as Ulema members and, \r\nwhile so sitting, they shall have the same power and \r\njurisdiction, and be entitled to the same privileges, as a \r\nmember and such allowances as may be determined by the \r\nPresident.”\r\n3. Amendment of Article 203E of the Constitution .− In the \r\nConstitution, in Article 203E, after clause (8), the following new clause \r\nshall be added, namely:− \r\n“(9) The Court shall have power to review any decision given or \r\norder made by it.”.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 13 April 1981, pp.73-74. \r\nConstitution: (Amendment) Order, 2007 | 335\r\n1The Constitution\r\n(Second Amendment) Order, 1981\r\n(President's Order No. 7 of 1981)\r\n[27 May 1981]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1981.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203C of the Constitution .− In the \r\nConstitution, in Article 203C, for clause (2) the following shall be \r\nsubstituted, namely:− \r\n“(2) The Court shall consist of not more than eight Muslim \r\nmembers, including the Chairman, to be appointed by the \r\nPresident.”. \r\n3. Omission of Article 203CC of the Constitution.− In the \r\nConstitution, Article 203CC shall be omitted.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 27 May 1981, p. 107. \r\n336 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Third Amendment) Order, 1981\r\n(President’s Order No.12 of 1981)\r\n[12 October 1981]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo. 1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Third Amendment) Order, 1981.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 259 of the Constitution .− In the \r\nConstitution, in Article 259, in clause (2), for the words “or academic \r\ndistinction” the comma and words “, academic distinction or distinction \r\nin the field of sports or nursing” shall be substituted.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 12 October 1981, p.507. \r\nConstitution: (Amendment) Order, 2007 | 337\r\n1The Constitution\r\n(Fourth Amendment) Order, 1981\r\n(President's Order No. 13 of 1981)\r\n[17 November 1981]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 \r\nof 1977), and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make the following Order−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Fourth Amendment) Order, 1981.\r\n(2) It shall come into force at once. \r\n2. Amendment of Fifth Schedule to the Constitution .− In the \r\nConstitution, in the Fifth Schedule,− \r\n(a) in the Part relating to the Supreme Court, in the first \r\nparagraph, for the figure \"5,500\" the figure \"6,500\" and for \r\nthe figure \"5,100\" the figure \"6,000\" shall be substituted; \r\nand \r\n(b) in the Part relating to the High Court, in the first paragraph, \r\nfor the figure \"5,000\" the figure \"5,800\" and for the figure \r\n\"4,000\" the figure \"5,000\" shall be substituted. \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 November 1981, p. 513. \r\n338 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Fifth Amendment) Order, 1981\r\n(President’s Order No. 14 of 1981)\r\n[25 November 1981]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo. 1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Fifth Amendment) Order, 1981.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 1, P.O. No. 13 of 1981 .− In the \r\nConstitution (Fourth Amendment) Order, 1981 (P. O. No. 13 of 1981), \r\nin Article 1, in clause (2), after the word “once” at the end, the words, \r\ncomma and figure “and shall be deemed to have taken effect on the \r\nfirst day of July, 1981” shall be added and shall be deemed always to \r\nhave been so added.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 25 November 1981, p. 515. \r\nConstitution: (Amendment) Order, 2007 | 339\r\n1The Constitution\r\n(Amendment) Order, 1982\r\n(President's Order No. 2 of 1982)\r\n[28 February 1982]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order \r\nNo.1 of 1977), and in exercise of all powers enabling him in that \r\nbehalf, the President is pleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Amendment) Order, 1982.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 181 of the Constitution .− In the \r\nConstitution, in Article 181, in clause (1), the following explanation \r\nshall be added at the end, namely:− \r\n“Explanation.- In this clause, ‘Judge of a High Court’ includes a \r\nperson who has retired as a judge of a High Court.”. \r\n1Issued by the President on 27 February 1982 and, Published in the Gazette of Pakistan \r\n(Extraordinary), Part-I, dated: 28 February 1982, p.3. \r\n340 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Second Amendment) Order, 1982\r\n(President's Order No. 5 of 1982)\r\n[25 March 1982]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1982.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203B of the Constitution .− In the \r\nConstitution, in Article 203B,−\r\n(a) for paragraph (a) the following shall be substituted, namely:− \r\n“(a) ‘Chief Justice’ means Chief Justice of the Court;”;\r\n (b) after paragraph (b), the following new paragraph shall be \r\ninserted, namely:− “(bb) ‘Judge’ means Judge of the \r\nCourt;”; and\r\n(b) paragraph (d) shall be omitted.\r\n3. Amendment of Article 203C of the Constitution .− In the \r\nConstitution, in Article 203C,− \r\n(a) for the word “members” the word “Judges” shall be \r\nsubstituted; \r\n(b) for the word “Chairman”, wherever occurring, the words \r\n“Chief Justice” shall be shall be substituted ; and \r\n(c) for the word “member”, wherever occurring, the word \r\n“Judge” shall be substituted. \r\n4. Amendment of Article 203D of the Constitution .− In the \r\nConstitution, in Article 203D, in clause (1), after the word and comma \r\n“may”, the words “either of its own motion or” shall be inserted. \r\n5. Substitution of Article 203DD of the Constitution.− In the \r\nConstitution, for Article 203DD the following shall be substituted, \r\nnamely:− \r\n“203DD. Revisional and other jurisdiction of the Court .− (1) \r\nThe Court may call for and examine the record of any case \r\n1Issued by the President on 22 March 1982 and, Published in the Gazette of Pakistan \r\n(Extraordinary), Part-I, dated: 25 March 1982, pp.19-21. \r\nConstitution: (Amendment) Order, 2007 | 341\r\ndecided by any criminal court under any law relating to the \r\nenforcement of Hudood for the purpose of satisfying itself as to the \r\ncorrectness, legality or propriety of any finding, sentence or order \r\nrecorded or passed by, and as to the regularity of any proceedings \r\nof, such court and may, when calling for such record, direct that \r\nthe execution of any sentence be suspended and, if the accused is \r\nin confinement, that he be released on bail or on his own bond \r\npending the examination of the record.\r\n(2) In any case the record of which has been called for by the \r\nCourt, the Court may pass such order as it may deem fit and may \r\nenhance the sentence: \r\nProvided that nothing in this Article shall be deemed to \r\nauthorise the Court to convert a finding of acquittal into one of \r\nconviction and no order under this Article shall be made to the \r\nprejudice of the accused unless he has had an opportunity of \r\nbeing heard in his own defence. \r\n(3) The Court shall have such other jurisdiction, as may be \r\nconferred on it by or under any law.”.\r\n6. Amendment of Article 203F of the Constitution .− In the \r\nConstitution in Article 203F, after clause (2), the following new clauses \r\nshall be inserted namely:− \r\n“(2A) An appeal shall lie to the Supreme Court from any judgment, \r\nfinal order or sentence of the Federal Shariat Court − \r\n(a) if the Federal Shariat Court has on appeal reversed an \r\norder of acquittal of an accused person and sentenced him \r\nto death or imprisonment for life or imprisonment for a term \r\nexceeding fourteen years; or, on revision, has enhanced a \r\nsentence as aforesaid; or \r\n(b) if the Federal Shariat Court has imposed any punishment \r\non any person for contempt of the Court.\r\n(2B) An appeal to the Supreme Court from a judgment, decision, \r\norder or sentence of the Federal Shariat Court in a case to which \r\nthe preceding clauses do not apply shall lie only if the Supreme \r\nCourt grants leave to appeal.”.\r\n7. Insertion of new Article 203GG in the Constitution .− In the \r\nConstitution, after Article 203G, the following new Article shall be \r\ninserted, namely:− \r\n“203GG. Decision of Court binding on High Court and \r\nCourts subordinate to it.− Subject to Articles 203D and 203F, any \r\ndecision of the Court in the exercise of its jurisdiction under this \r\nChapter shall be binding on a High Court and on all courts \r\nsubordinate to a High Court.”.\r\n342 | Constitution: (Amendment) Order, 2007\r\n8. Omission of Article 203I of the Constitution .− In the \r\nConstitution, Article 203I shall be omitted.\r\n9. Amendment of Article 208 of the Constitution .− In the \r\nConstitution, in Article 208, after the words “Supreme Court”, the \r\nwords “and the Federal Shariat Court” shall be inserted.\r\nConstitution: (Amendment) Order, 2007 | 343\r\n1The Constitution\r\n(Third Amendment) Order, 1982\r\n(President's Order No. 12 of 1982)\r\n[15 August 1982]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Third Amendment) Order, 1982.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203F of the Constitution .− In the \r\nConstitution, in Article 203F, for clause (3) the following shall be \r\nsubstituted, namely:− \r\n“(3) For the purpose of the exercise of the jurisdiction conferred by \r\nthis Article, there shall be constituted in the Supreme Court a \r\nBench to be called the Shariat Appellate Bench and consisting of − \r\n(a) three Muslim Judges of the Supreme Court; and\r\n(b) not more than two Ulema to be appointed by the President \r\nto attend sittings of the Bench as ad hoc members thereof \r\nfrom amongst the Judges of the Federal Shariat Court or \r\nfrom out of a panel of Ulema to be drawn up by the \r\nPresident in consultation with the Chief Justice. \r\n(4) A person appointed under paragraph (b) of clause (3) shall \r\nhold office for such period as the President may determine.\r\n(5) References in clauses (1) and (2) to “Supreme Court” shall be \r\nconstrued as a reference to the Shariat Appellate Bench.\r\n(6) While attending sittings of the Shariat Appellate Bench, a \r\nperson appointed under paragraph (b) of clause (3) shall have the \r\nsame power and jurisdiction, and be entitled to the same \r\nprivileges, as a Judge of the Supreme Court, and be paid such \r\nallowances as the President may determine.”.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 15 August 1982, pp.117-118. \r\n344 | Constitution: (Amendment) Order, 2007\r\n1The Constitution\r\n(Fourth Amendment) Order, 1982\r\n(President's Order No. 13 of 1982)\r\n[22 September 1982]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Fourth Amendment) Order, 1982.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 228 of the Constitution .− In the \r\nConstitution, in Article 228, for clause (4) the following shall be \r\nsubstituted, namely:− \r\n“(4) The President shall appoint one of the members of the Islamic \r\nCouncil to be the Chairman thereof.”.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 22 September 1982, p. 135. \r\nConstitution: (Amendment) Order, 2007 | 345\r\n1The Constitution \r\n(Amendment) Order, 1983\r\n(President's Order No. 4 of 1983)\r\n[4 April 1983]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Amendment) Order, 1983.\r\n(2) It shall come into force at once and shall be deemed to have \r\ntaken effect on the first day of July, 1981. \r\n2. Amendment of Fifth Schedule to the Constitution .− In the \r\nConstitution, in the Fifth Schedule,− \r\n(a) in the Part relating to the Supreme Court, in paragraph 3, \r\nfor the figure \"1,500\" the figure \"3,000\" and for the figure \r\n\"1,950\" the figure \"4,000\" shall be substituted; and \r\n(b) in the Part relating to the High Court, in paragraph 3, for \r\nthe figure \"1,000\" the figure “2,100\" and for the figure \r\n\"1,750\" the figure \"3,600\" shall be substituted.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 4 April 1983, p. 75. \r\n346 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Second Amendment) Order, 1983\r\n(President's Order No. 7 of 1983)\r\n[19 May 1983]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1983.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203B of the Constitution .− In the \r\nConstitution, in Article 203B, for the word \"three\" the word \"four\" shall \r\nbe substituted.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 19 May 1983, p. 87. \r\nConstitution: (Amendment) Order, 2007 | 347\r\n1The Constitution \r\n(Third Amendment) Order, 1983\r\n(President's Order No. 9 of 1983)\r\n[28 July 1983]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Third Amendment) Order, 1983.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203F of the Constitution .− In the \r\nConstitution, in Article 203F, in clause (1), for the full stop at the end a \r\ncolon shall be substituted and thereafter the following proviso shall be \r\nadded, namely:−\r\n“Provided that an appeal on behalf of the Federation or of a \r\nProvince may be preferred within six month of such decision.\". \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated 28 July 1983, p.171. \r\n348 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Amendment) Order, 1984\r\n(President's Order No. 1 of 1984)\r\n[14 February 1984]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Amendment) Order, 1984.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203D of the Constitution .− In the \r\nConstitution, in Article 203D,− \r\n(a) after clause (1), the following new clause shall be inserted, \r\nnamely:− \r\n“(1A) Where the Court takes up the examination of any law \r\nor provision of law under clause (1) and such law or \r\nprovision of law appears to it to be repugnant to the \r\nInjunctions of Islam, the Court shall cause to be given to \r\nthe Federal Government in the case of a law with respect \r\nto a matter in the Federal Legislative List or the Concurrent \r\nLegislative List, or to the Provincial Government in the case \r\nof a law with respect to a matter not enumerated in the \r\neither of those Lists, a notice specifying the particular \r\nprovisions that appear to it to be so repugnant, and afford \r\nto such Government adequate opportunity to have its point \r\nof view placed before the Court.” ; and\r\n(b) in clause (2), for the full stop at the end a colon shall be \r\nsubstituted and thereafter the following proviso shall be added \r\nand shall be deemed always to have been so added, namely:− \r\n“Provided that no such decision shall be deemed to take \r\neffect before the expiration of the period within which an \r\nappeal therefrom may be preferred to the Supreme Court \r\nor, where an appeal has been so preferred, before the \r\ndisposal of such appeal.”. \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 14 February 1984, pp.27-28. \r\nConstitution: (Amendment) Order, 2007 | 349\r\n2The Constitution \r\n(Second Amendment) Order, 1984\r\n(President's Order No. 2 of 1984)\r\n[26 April 1984]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1984.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 203-B of the Constitution .− In the \r\nConstitution, in Article 203-B, for the word \"four\" the word \"five\" shall \r\nbe substituted.\r\n2Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 26 April 1984, p.71. \r\n350 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Amendment) Order, 1985\r\n(President's Order No. 6 of 1985)\r\n[17 January 1985]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This order may be called \r\nthe Constitution (Amendment) Order, 1985.\r\n(2) It shall come into force at once.\r\n2. Amendment of Fifth Schedule to the Constitution .− In the \r\nConstitution, the Fifth Schedule,− \r\n(a) in the Part relating to the Supreme Court,−\r\n(i) in the first and the third paragraphs, for the figure \r\n“6,500” the figure “7,900”, for the figure “6,000” the \r\nfigure “7,400”, for the figure “3,000” the figure “3,600”, \r\nand for the figure “4,000” the figure “4,600” shall be \r\nsubstituted and shall be deemed to have been so \r\nsubstituted on the first day of July, 1983; and\r\n(ii) after the third paragraph, the following new paragraph \r\nshall be added and shall be deemed to have been so \r\nadded on the first day of July, 1981, namely:−\r\n“4. The widow of a Judge of the Supreme Court \r\nshall be entitled to a pension at the following \r\nrates, namely:−\r\n(a) if the Judge dies after retirement - 50 per \r\ncent of the net pension payable to him; or\r\n(b) if the Judge dies after having rendered not \r\nless than three years’ service as Judge and \r\nwhile still serving as such - 50 per cent of \r\nthe pension admissible to him at the \r\nminimum rate.\r\n5. The pension shall be payable to the widow for \r\nlife or, if she remarries, until her marriage.\r\n6. If the widow dies, the pension shall be payable−\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 January 1985, pp.37-39. \r\nConstitution: (Amendment) Order, 2007 | 351\r\n(a) to the sons of the Judge who are less than \r\ntwenty-one years of age, until they attain \r\nthat age; and\r\n(b) to the unmarried daughters of the Judge \r\nwho are less than twenty-one years of age, \r\nuntil they attain that age or are married, \r\nwhichever first occurs.”; and\r\n(b) in the Part relating to the High Court,−\r\n(i) in the first and the third paragraphs, for the figure \r\n“5,800” the figure “7,200”, for the figure “5,000” the \r\nfigure “6,500”, for the figure “2,100” the figure “2,400” \r\nand for the figure “3,600” the figure “4,200” shall be \r\nsubstituted and shall be deemed to have been so \r\nsubstituted on the first day of July, 1983; and\r\n(ii) after the third paragraph, the following new paragraphs \r\nshall be added and shall be deemed to have been so \r\nadded on the first day of July, 1981, namely:−\r\n“4. The widow of a Judge of the High Court shall be \r\nentitled to a pension at the following rates, \r\nnamely:−\r\n(a) if the Judge dies after retirement - 50 per \r\ncent of the net pension payable to him; or\r\n(b) if the Judge dies after having rendered not \r\nless than five years’ service as Judge and \r\nwhile still serving as such - 50 per cent of \r\nthe pension admissible to him at the \r\nminimum rate.\r\n5. The pension shall be payable to the widow for \r\nlife or, if she remarries, until her marriage.\r\n6. If the widow dies, the pension shall be payable−\r\n(a) to the sons of the Judge who are less than \r\ntwenty-one years of age, until they attain \r\nthat age; and\r\n(b) to the unmarried daughters of the Judge \r\nwho are less than twenty-one years of age, \r\nuntil they attain that age or are married, \r\nwhichever first occurs.”.\r\n352 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Amendment) Order, 1985\r\n(President's Order No. 11 of 1985)\r\n[24 February 1985]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Amendment) Order, 1985.\r\n(2) It shall come into force at once. \r\n2. Addition of new Article 165A in the Constitution .− In the \r\nConstitution, in Part VI, in Chapter 1, after Article 165, the following \r\nnew Article shall be added, namely:− \r\n“165A.Power of Parliament to impose tax on the income of \r\ncertain corporations, etc.− (1) For the removal of doubt, it is hereby \r\ndeclared that Parliament has, and shall be deemed always to have \r\nhad, the power to make a law to provide for the levy and recovery of a \r\ntax on the income of a corporation, company or other body or \r\ninstitution established by or under a Federal law or a Provincial law or \r\nan existing law or a corporation, company or other body or institution \r\nowned or controlled, either directly or indirectly, by the Federal \r\nGovernment or a Provincial Government, regardless of the ultimate \r\ndestination of such income.\r\n(2) All orders made, proceedings taken and acts done by any \r\nauthority or person, which were made, taken or done, or purported to \r\nhave been made, taken or done, before the commencement of the \r\nConstitution (Amendment) Order, 1985, in exercise of the powers \r\nderived from any law referred to in clause (1), or in execution of any \r\norders made by any authority in the exercise or purported exercise of \r\npowers as aforesaid, shall, notwithstanding any judgment of any court \r\nor tribunal, including the Supreme Court and a High Court, be \r\ndeemed to be and always to have been validly made, taken or done \r\nand shall not be called in question in any court, including the \r\nSupreme Court and a High Court, on any ground whatsoever.\r\n(3) Every judgment or order of any court or tribunal, including the \r\nSupreme Court and a High Court, which is repugnant to the \r\nprovisions of clause (1) or clause (2) shall be, and shall be deemed \r\nalways to have been, void and of no effect whatsoever.”.\r\n1 Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 24 February 1985, pp.83-84. \r\nConstitution: (Amendment) Order, 2007 | 353\r\n1The Revival of the Constitution of 1973 Order, 1985\r\n(President's Order No. 14 of 1985)\r\n[17 March 1985]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:− \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Revival of the Constitution of 1973 Order, 1985.\r\n(2) It shall come into force at once. \r\n2. Amendment of the Constitution.− The Constitution of the \r\nIslamic Republic of Pakistan, 1973, is hereby amended to the extent \r\nand in the manner specified in the third column of the Schedule.\r\n3. First meetings of National Assembly, Senate and \r\nProvincial Assemblies.− (1) The first meeting of a Provincial \r\nAssembly shall be held on the twelfth day of March, 1985, for the \r\nelection of the members to fill seats reserved in the Assembly for \r\nwomen and the members of the Senate and transaction of such other \r\nbusiness as the President may specify.\r\n(2) The first meeting of the National Assembly shall be held on the \r\ntwentieth day of March, 1985, for the election of the Speaker and \r\nDeputy Speaker, the members to fill seats reserved in the Assembly \r\nfor women and the members of the Senate from the Federally \r\nAdministered Tribal Areas and the Federal Capital and the transaction \r\nof such other business as the President may specify.\r\n(3) The first meeting of the Senate shall be held on the twenty-first \r\nday of March, 1985, for the election of the Chairman and Deputy \r\nChairman.\r\n(4) The National Assembly and the Senate shall meet in joint sitting \r\non the twenty-third day of March, 1985.\r\n4. Revival of Constitution of 1973, etc .− The provisions of the \r\nConstitution, as amended by this Order, shall stand revived on such \r\nday as the President may, by notification2 in the official Gazette, \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 March 1985, pp.185-227: \r\nit came into force on 2 March 1985. \r\n2Under Article 4 of the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 17 March 1985, pp.185-227, the \r\nConstitution, held in abeyance, had to revive on such day as the President may, by notification in \r\nthe official Gazette, appoint and different days may be so appointed in respect of different \r\nprovisions. Exercising the said powers, the President revived the Constitution, except Articles 6, \r\n8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, Articles 199, 213 to 216 (both \r\n354 | Constitution: (Amendment) Order, 2007\r\nappoint and different days may be so appointed in respect of different \r\nprovisions.\r\n5. Removal of difficulties .− (1) If any difficulty arises in giving \r\neffect to any of the Provisions of this Order, the President may make \r\nsuch provisions and pass such orders as he may deem fit.\r\nTHE SCHEDULE\r\n(See Article 2)\r\ninclusive) and 270-A, with effect from 10 March 1985, vide S.R.O No. 212(I)/85, dated: 10 March \r\n1985, published in the Gazette of Pakistan (Extraordinary), Part-II, p. 279. However, the \r\nremaining Articles [Articles 6, 8 to 28, (both inclusive), clauses (2) and (2a) of Article 101, \r\nArticles 199, 213 to 216 (both inclusive) and 270-A], stood revived with effect from 30 December \r\n1985, vide S.R.O No. 1273(I)/85, dated: 29 December 1985, published in the Gazette of \r\nPakistan (Extraordinary), Part-II, p. 3185.\r\nConstitution: (Amendment) Order, 2007 | 355\r\nSr. \r\nNo.\r\nNumber of \r\nArticle or \r\nChapter, \r\netc.\r\nAmendments made\r\n1 2 3\r\n1. 1. In this Article, and in the succeeding provisions of the \r\nConstitution, for the word \"Parliament\", wherever occurring, \r\nthe words and brackets \"Majlis-e-Shoora (Parliament)\" shall \r\nbe substituted. \r\n2. Part I. After Article 2, the following new Article shall be inserted, \r\nnamely:− \r\n\"2A. The Objectives Resolution to form part of substantive \r\nprovisions.− The principles and provisions set out in the \r\nObjectives Resolution reproduced in the Annex are \r\nhereby made substantive part of the Constitution and\r\nshall have effect accordingly.\".\r\n3. 5. In clause (2), for the word \"basic\" the word \"inviolable\" shall be \r\nsubstituted. \r\n4. 27. In clause (1), in the first proviso, for the word \"ten\" the word \r\n\"twenty\" shall be substituted. \r\n5. 31. In clause (2), in paragraph (c), after the word and comma \r\n\"Zakat,\", the word and comma \"ushr,\" shall be inserted. \r\n6. 41. 1 For clause (3) the following shall be substituted, namely:−\r\n(3) The President to be elected after the expiration of the term \r\nspecified in clause (7) shall be elected in accordance with the \r\nprovisions of the Second Schedule by the members of an \r\nelectoral college consisting of − \r\na) the members of both Houses; and\r\nb) the members of the Provincial Assemblies.\".\r\n2 After clause (6), the following new clause shall be \r\ninserted, namely:-\r\n(7) Notwithstanding anything contained in this Article or \r\nArticle 43 or any other Article of the Constitution or any other \r\nlaw, General Muhammad Zia-ul-Haq, in consequence of the \r\nresult of the referendum held on the nineteenth day of \r\nDecember, 1984, shall become the President of Pakistan on \r\nthe day of the first meeting of Majlis-e-Shoora (Parliament) in \r\njoint sitting summoned after the elections to the Houses of \r\nMajlis-e-Shoora (Parliament) and shall hold office for a term of \r\nfive years from that day, and Article 44 and other provisions of \r\nthe Constitution shall apply accordingly.\".\r\n7. 46. For this Article the following shall be substituted, namely:−\r\n 46.Duties of Prime Minister in relation to President.− \r\nIt shall be the duty of the Prime Minister− \r\na) to communicate to the President all decisions of the \r\nCabinet relating to the administration of the affairs of \r\nthe Federation and proposals for legislation; \r\nb) to furnish such information relating to the \r\nadministration of the affairs of the Federation and \r\nproposals for legislation as the President may call for; \r\nand \r\nc) If the President so requires, to submit for the \r\nconsideration of the Cabinet any matter on which a \r\ndecision has been taken by the Prime Minister or a \r\nMinister but which has not been considered by the \r\nCabinet.\".\r\n8. 47. 1. In the marginal heading, after the word \"Removal\", the \r\nwords \"or impeachment\" shall be inserted. \r\n2. For clauses (1) and (2) the following shall be substituted, \r\nnamely:− \r\n(1) Notwithstanding anything contained in the \r\nConstitution, the President may, in accordance with \r\nthe provisions of this Article, be removed from office \r\non the ground of physical or mental incapacity or \r\n356 | Constitution: (Amendment) Order, 2007\r\n (2)The validity of any provision made, or orders passed, under clause \r\n(1) shall not be called in question in any Court.\r\n THE SCHEDULE\r\n (See Article 2)\r\nTHE SCHEDULE\r\n“SECOND SCHEDULE\r\n[Article 41(3)]\r\nElection of President\r\n1. The Chief Election Commissioner shall hold and conduct election \r\nto the office of President, and shall be the Returning Officer for \r\nsuch election.\r\n2. The Chief Election Commissioner shall appoint Presiding Officers \r\nto preside at the meeting of the members of Majlis-e-Shoora \r\n(Parliament) and at the meetings of the members of the Provincial \r\nAssemblies.\r\n3. The Chief Election Commissioner shall by public notification fix the \r\ntime and place for depositing nomination papers, holding a \r\nscrutiny, making withdrawals, if any, and holding the poll, if \r\nnecessary.\r\n4. At any time before noon on the day fixed for nomination any \r\nmember of the Majlis-e-Shoora (Parliament) or of a Provincial \r\nAssembly may nominate for election as President a person \r\nqualified for election as President by delivering to the Presiding \r\nOfficer a nomination paper, signed by himself as proposer and by \r\nanother member of the Majlis-e-Shoora (Parliament) or, as the \r\ncase may be Assembly as seconder, together with a statement \r\nsigned by the person nominated that he consents to the \r\nnomination: \r\nProvided that no person shall subscribe, whether as proposer or \r\nas seconder, more than one nomination paper at any one election. \r\n5. The scrutiny shall be held by the Chief Election Commissioner at \r\nthe time and place fixed by him, and if after scrutiny only one \r\nperson remains validly nominated, the Chief Election \r\nCommissioner shall declare that person to be elected, or if more \r\nthan one person remains validly nominated, he shall announce, by \r\npublic notification, the names of the persons validly nominated, to \r\nbe hereinafter called the candidates.\r\nConstitution: (Amendment) Order, 2007 | 357\r\n6. A candidate may withdraw his candidature at any time before noon \r\non the day fixed for this purpose by delivering a notice in writing \r\nunder his hand to the Presiding Officer with whom his nomination \r\npaper has been deposited, and a candidate who has given a \r\nnotice of withdrawal of his candidature under this paragraph shall \r\nnot be allowed to cancel that notice.\r\n7. If all but one of the candidates have withdrawn, that one shall be \r\ndeclared by the Chief Election Commissioner to be elected.\r\n8. If there is no withdrawal, or if, after withdrawals have taken place, \r\ntwo or more candidates are left, the Chief Election Commissioner \r\nshall announce by public notification the names of the candidates, \r\nand their proposers and seconders, and shall proceed to hold a \r\npoll by secret ballot in accordance with the provisions of the \r\nsucceeding paragraphs.\r\n9. If a candidate whose nomination has been found to be in order \r\ndies after the time fixed for nomination, and a report of his death is \r\nreceived by the Presiding Officer before the commencement of the \r\npoll, the Presiding Officer shall, upon being satisfied of the fact of \r\nthe death of the candidate, countermand the poll and report the \r\nfact to the Chief Election Commissioner, and all proceedings with \r\nreference to the election shall be commenced anew in all respects \r\nas if for a new election: \r\nProvided that no further nomination shall be necessary in the case \r\nof a candidate whose nomination was valid at the time of the \r\ncountermanding of the poll: \r\nProvided further that no person who has under paragraph 6 of \r\nthe this Schedule given notice of withdrawal of his candidature \r\nbefore the countermanding of the poll shall be ineligible for \r\nbeing nominated as a candidate for the election after such \r\ncountermanding. \r\n10. The poll shall be taken at the meetings of Majlis-e-Shoora \r\n(Parliament) and of each Provincial Assembly, and the respective \r\nPresiding Officers shall conduct the poll with the assistance of \r\nsuch officers as they may, with the approval of the Chief Election \r\nCommissioner, respectively appoint.\r\n11. A ballot paper shall be issued to every member of Majlis-e-Shoora \r\n(Parliament), and of each Provincial Assembly, who presents \r\nhimself for voting at the meeting of the members of the Majlis-e-\r\nShoora (Parliament) or, as the case may be of the Provincial \r\nAssembly of which he is a member (hereinafter referred to as a \r\nperson voting), and he shall exercise his vote personally by \r\nmarking the paper in accordance with the provisions of the \r\nsucceeding paragraphs. \r\n358 | Constitution: (Amendment) Order, 2007\r\n12. The poll shall be by secret ballot by means of ballot papers \r\ncontaining the names of all the candidates in alphabetical order \r\nwho have not withdrawn, and a person voting shall vote by placing \r\na mark against the name of the person for whom he wishes to \r\nvote. \r\n13. Ballot papers shall be issued from a book of ballot papers with \r\ncounterfoils, each counterfoil being numbered; and when a ballot \r\npaper is issued to a person voting his name shall be entered on \r\nthe counterfoil, and the ballot paper shall be authenticated by the \r\ninitials of the Presiding Officer. \r\n14. A ballot paper having been marked by the person voting shall be \r\ndeposited by that person in a ballot box to be placed in front of the \r\nPresiding Officer. \r\n15. If a ballot paper is spoiled by a person voting he may return it to \r\nthe Presiding Officer, who shall issue a second ballot paper, \r\ncanceling the first ballot paper and marking the cancellation on the \r\nappropriate counterfoil. \r\n16. A ballot paper shall be invalid if − \r\n(i) there is upon it any name, word or mark, by which the person \r\nvoting may be identified; or \r\n(ii) it does not contain the initials of the Presiding Officer; or\r\n(iii) it does not contain a mark; or\r\n(iv) a mark is placed against the names of two or more candidates; \r\nor\r\n(v) there is any uncertainty as to the identity of the candidate \r\nagainst whose name the mark is placed. \r\n17. After the close of the poll each Presiding Officer shall, in the \r\npresence of such of the candidates or their authorized \r\nrepresentatives as may desire to be present, open and empty the \r\nballot boxes and examine the ballot papers therein, rejecting any \r\nwhich are invalid, count the number of votes recorded for each \r\ncandidate on the valid ballot papers, and communicate the number \r\nof the votes so recorded to the Chief Election Commissioner. \r\n18. (1) The Chief Election Commissioner shall determine the result of \r\nthe election in the following manner, namely:− \r\n(a) the number of votes cast in the Majlis-e-Shoora \r\n(Parliament) in favour of each candidate shall be counted; \r\n(b) the number of votes cast in a Provincial Assembly in favour \r\nof each candidate shall be multiplied by the total number of \r\nseats in the Provincial Assembly for the time being having \r\nthe smallest number of seats and divided by the total \r\nConstitution: (Amendment) Order, 2007 | 359\r\nnumber of seats in the Provincial Assembly in which the \r\nvotes have been cast; and \r\n(c) the number of votes calculated in the manner referred to in \r\nclause (b) shall be added to the number of votes counted \r\nunder clause (a). \r\nExplanation.− In this paragraph, \"total number of seats\" \r\nincludes seats reserved for non-Muslims and women. \r\n(2) A fraction shall be rounded off to the nearest whole. \r\n19. The candidate who has obtained the largest number of votes \r\ncompiled in the manner specified in paragraph 18 shall be \r\ndeclared by the Chief Election Commissioner to be elected. \r\n20. Where at any poll any two or more candidates obtain an equal \r\nnumber of votes, the selection of the candidate to be elected shall \r\nbe by drawing of lots. \r\n21. When, after any poll, the counting of the votes has been \r\ncompleted, and the result of the voting determined, the Chief \r\nElection Commissioner shall forthwith announce the result to those \r\npresent, and shall report the result to the Federal Government, \r\nwho shall forthwith cause the result to be declared by a public \r\nnotification. \r\n22. The Chief Election Commissioner may, by public notification, with \r\nthe approval of the President, make rules for carrying out the \r\npurposes of this Schedule.”. \r\n360 | Constitution: (Amendment) Order, 2007\r\n1THE CONSTITUTION \r\n(SECOND AMENDMENT) ORDER, 1985\r\n(President's Order No. 20 of 1985)\r\n[17 March 1985]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Second Amendment) Order, 1985.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 89 of the Constitution .− In the \r\nConstitution, in Article 89, in clause (2), in paragraph (a),−\r\n(a) in sub-paragraph (i), for the words and figure \"is with \r\nrespect to a matter in Part I of the Federal Legislative List\" \r\nthe words, brackets and figures \"contains provisions \r\ndealing with all or any of the matters specified in clause (2) \r\nof Article 73\" shall be substituted; and \r\n(b) in sub-paragraph (ii), for the words and figure \"is with \r\nrespect to a matter in Part II of the Federal Legislative List \r\nor a matter in the Concurrent Legislative List\" the words, \r\nbrackets and figure \"does not contain provisions dealing \r\nwith any of the matters referred to in sub-paragraph (i)\" \r\nshall be substituted. \r\n3. Substitution of Article 239 of the Constitution .− In the \r\nConstitution, for Article 239 the following shall be substituted, namely:− \r\n“239. Constitution amendment Bill .− (1) A Bill to amend the \r\nConstitution may originate in either House and, when the Bill has \r\nbeen passed by the votes of not less than two-thirds of the total \r\nmembership of the House, it shall be transmitted to the other \r\nHouse.\r\n(2) If the Bill is passed without amendment by the votes of not less \r\nthan two-thirds of the total membership of the House to which it is \r\ntransmitted under clause (1), it shall, subject to the provisions of \r\nclause (4), be presented to the President for assent.\r\n(3) If the Bill is passed with amendment by the votes of not less \r\nthan two-thirds of the total membership of the House to which it is \r\ntransmitted under clause (1), it shall be reconsidered by the House \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 17 March 1985, pp.181-183. \r\nConstitution: (Amendment) Order, 2007 | 361\r\nin which it had originated, and if the Bill as amended by the former \r\nHouse is passed by the latter by the votes of not less than two-\r\nthirds of its total membership it shall, subject to the provisions of \r\nclause (4), be presented to the President for assent.\r\n(4) A Bill to amend the Constitution which would have the effect of \r\naltering the limits of a Province shall not be presented to the \r\nPresident for assent unless it has been passed by the Provincial \r\nAssembly of that Province by the votes of not less than two-thirds \r\nof its total membership.\r\n(5) No amendment of the Constitution shall be called in question \r\nin any Court on any ground whatsoever. \r\n(6) For the removal of doubt, it is hereby declared that there is no \r\nlimitation whatever on the power of the Majlis-e-Shoora \r\n(Parliament) to amend any of the provisions of the Constitution.”.\r\n4. Amendment of Article 270A of the Constitution .− In the \r\nConstitution, in Article 270A, for clause (6) the following shall be \r\nsubstituted, namely:− \r\n“(6) The President's Orders referred to in clause (1) shall not be \r\naltered, repealed or amended without the previous sanction of the \r\nPresident.”.\r\n362 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Third Amendment) Order, 1985\r\n(President's Order No. 24 of 1985)\r\n[19 March 1985]\r\nIn pursuance of the Proclamation of the fifth day of July, 1977, and in \r\nexercise of all powers enabling him in that behalf, the President is \r\npleased to make the following Order:- \r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Third Amendment) Order, 1985.\r\n(2) It shall come into force at once. \r\n2. Amendment of Article 61 of the Constitution .− In the \r\nConstitution, in Article 61, for the words \"one hundred and thirty\" the \r\nwords \"one hundred and sixty\" shall be substituted. \r\n3. Amendment of Article 200 of the Constitution .− In the \r\nConstitution, in Article 200,−\r\n(a) in clause (1), in the explanation, after the words \"Chief \r\nJustice\", at the end, the words, brackets, letter and figure \r\n\"but includes a Judge for the time being acting as Chief \r\nJustice of a High Court other than a Judge of the Supreme \r\nCourt acting as such in pursuance of a request made under \r\nparagraph (b) of Article 196\" shall be added; and \r\n(b) after clause (3), the following new clause shall be added, \r\nnamely:− \r\n“(4) A Judge of a High Court who does not accept \r\ntransfer to another High Court under clause (1) shall be \r\ndeemed to have retired from his office and, on such \r\nretirement, shall be entitled to receive a pension \r\ncalculated on the basis of the length of his service as \r\nJudge and total service, if any, in the service of \r\nPakistan.\".\r\n4. Amendment of Article 203C of the Constitution .− In the \r\nConstitution, in Article 203C,− \r\n(a) for clause (3) the following shall be substituted, namely:− \r\n“(3) The Chief Justice shall be a person who is, or has \r\nbeen, or is qualified to be, a Judge of the Supreme or who \r\nis or has been a permanent Judge of a High Court.\r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 19 March 1985, pp.237-239. \r\nConstitution: (Amendment) Order, 2007 | 363\r\n(3A) Of the Judges, not more than four shall be persons \r\neach one of whom is, or has been, or is qualified to be, a \r\nJudge of a High Court and not more than three shall be \r\nUlema who are well-versed in Islamic Law.\" ; and\r\n(b) in clause (4), in the proviso, for the words \"one year\" the \r\nwords \"two years\" shall be substituted. \r\n5. Amendment of Article 226 of the Constitution .− In the \r\nConstitution, in Article 226, the commas and words \", other than those \r\nof the Prime Minister and a Chief Minister,\" shall be omitted. \r\n6. Amendment of Article 260 of the Constitution .− In the \r\nConstitution, in Article 260, for clause (3) the following shall be \r\nsubstituted, namely:− \r\n“(3) In the Constitution and all enactments and other legal \r\ninstruments, unless there is anything repugnant in the subject or \r\ncontext,− \r\n(a) “Muslim\" means a person who believes in the unity and \r\noneness of Almighty Allah, in the absolute and unqualified \r\nfinality of the Prophethood of Muhammad (peace be upon \r\nhim), the last of the prophets, and does not believe in, or \r\nrecognize as a prophet or religious reformer, any person \r\nwho claimed or claims to be a prophet, in any sense of the \r\nword or of any description whatsoever, after Muhammad \r\n(peace be upon him); and \r\n(b) \"non-Muslim\" means a person who is not a Muslim and \r\nincludes a person belonging to the Christian, Hindu, Sikh, \r\nBudhist or Parsi community, a person of the Quadiani \r\ngroup or the Lahori group (who call themselves ‘Ahmadis’ \r\nor by any other name), or a Bahai, and a person belonging \r\nto any of the scheduled castes.” \r\n364 | Constitution: (Amendment) Order, 2007\r\n1The Constitution \r\n(Amendment) Order, 2007\r\n(President's Order No. 5 of 2007)\r\n[20 November 2007]\r\nAN \r\nORDER\r\nfurther to amend the Constitution\r\nWHEREAS pursuant to the Proclamation of Emergency of 3rd Day of \r\nNovember, 2007, the Chief of Army Staff has promulgated the \r\nProvisional Constitution Order No.1 of 2007, by virtue of which the \r\nConstitution of the Islamic Republic of Pakistan has been placed in \r\nabeyance; \r\nAND WHEREAS the said Provisional Constitution Order provides \r\nthat the President may from time to time amend the Constitution, as is \r\ndeemed expedient; \r\nAND WHEREAS it is expedient to amend the Constitution for the \r\npurposes hereinafter appearing; \r\nNOW, THEREFORE, the President is pleased to make and \r\npromulgate the following Order:−\r\n1. Short title and commencement.− (1) This Order may be called \r\nthe Constitution (Amendment) Order, 2007.\r\n(2) It shall come into force at once.\r\n2. Amendment of Article 175 of the Constitution .− In the \r\nConstitution of the Islamic Republic of Pakistan, hereinafter referred to \r\nas the Constitution, in Article 175, in clause (1), after the word \r\n\"Province\" the words \"and a High Court for the Islamabad Capital \r\nTerritory\" shall be inserted. \r\n “Explanation.- The words \"High Court\" wherever occurring in the \r\nConstitution shall include the High Court for Islamabad Capital \r\nTerritory\". \r\n3. Amendment of Article 186A of the Constitution .− (1) In the \r\nConstitution, Article 186A shall be renumbered as clause (1) thereof \r\nand in clause (1) renumbered as aforesaid, after the word \"High \r\nCourt\" occurring at the end the words \"or withdraw any case, appeal \r\n1Published in the Gazette of Pakistan (Extraordinary), Part-I, dated: 20 November 2007, \r\npp.1479-1482. \r\nConstitution: (Amendment) Order, 2007 | 365\r\nor other proceedings pending before a High Court to it and dispose of \r\nthe same\" shall be added.\r\n4. Amendment of Article 198 of the Constitution. − In the \r\nConstitution, in Article 198, after clause (1), the following new clause \r\nshall be inserted, namely:−\r\n\"(1A) The High Court for Islamabad Capital Territory shall have its \r\nprincipal seat at Islamabad.\".\r\n5. Amendment of Article 218 of the Constitution :− In the \r\nConstitution, in Article 218, in clause (2), in sub-clause (b), for the \r\nword \"Four\" the word \"Five\" shall be substituted and after the word \r\n\"Province\" the words \"and Islamabad Capital Territory\" shall be \r\ninserted.\r\n6. Addition of Article 270AAA to the Constitution .− In the \r\nConstitution, after Article 270AA, the following new Article shall be \r\nadded, namely:− \r\n\"270AAA. Validation and affirmation of laws etc. (1) The \r\nproclamation of Emergency of 3rd November, 2007, all President's \r\nOrders, Ordinances, Chief of Army Staff Orders, including the \r\nProvisional Constitution Order No.1 2007, the Oath of Office \r\n(Judges) Order, 2007, the amendments made in the Constitution \r\nthrough the Constitution (Amendment) Order, 2007 and all other \r\nlaws made between the 3rd day of November, 2007 and the date \r\non which the Proclamation of Emergency of the 3rd Day of \r\nNovember, 2007, is revoked (both days inclusive), are accordingly \r\naffirmed, adopted and declared to have been validly made by the \r\ncompetent authority and notwithstanding anything contained in the \r\nConstitution shall not be called in question in any court or forum on \r\nany ground whatsoever.\r\n(2) All orders made, proceedings taken, appointments made, \r\nincluding secondments and deputations, and acts done by any \r\nauthority, or by any person, which were made, taken or done, or \r\npurported to have been made, taken or done, on or after the 3rd \r\nday of November, 2007 in exercise of the powers derived from any \r\nProclamation, Provisional Constitution Order No. 1 of 2007, \r\nPresident's orders, Ordinances, enactments, including \r\namendments in the Constitution, notifications, rules, orders, bye-\r\nlaws, or in execution of or in compliance with any orders made or \r\nsentences passed by any authority in the exercise or purported \r\nexercise of powers as aforesaid, shall, notwithstanding anything \r\ncontained in the Constitution or any judgment of any court, be \r\ndeemed to be and always to have been validly made, taken or \r\ndone and shall not be called in question in any court or forum on \r\nany ground whatsoever.\r\n366 | Constitution: (Amendment) Order, 2007\r\n(3) All proclamations, President's orders, Ordinances, Chief of \r\nArmy Staff Orders, laws, regulations, enactments, including \r\namendments in the Constitution, notifications, rules, orders or bye-\r\nlaws in force immediately before the date on which the \r\nProclamation of Emergency of the 3rd day of November, 2007 is \r\nrevoked, shall continue in force until altered, repealed or amended \r\nby the competent authority. \r\nExplanation.- In this clause, \"competent authority\" means,− \r\n(a) in respect of President's orders, Ordinances, Chief of Army \r\nStaff Orders and enactments, including amendments in the \r\nConstitution, the appropriate Legislature; and\r\n(b) in respect of notifications, rules, orders and bye-laws, the \r\nauthority in which the power to make, alter, repeal or \r\namend the same vests under the law. \r\n(4) No prosecution or any other legal proceedings, including but \r\nnot limited to suits, constitutional petitions or complaints, shall, \r\nnotwithstanding anything contained in the Constitution or any other \r\nlaw for the time being in force; lie in any court, forum or authority \r\nagainst any person or authority on account of or in respect of \r\nissuance any of the legal instruments referred to in clause (1) and \r\non account of or in respect of any action taken by the Chief of \r\nArmy Staff, the President or any other authority in exercise or \r\npurported exercise of the powers referred to in clause (2).\r\n(5) For the purpose of clauses (1), (2) and (4), all orders made, \r\nproceedings taken, appointments made, including secondments \r\nand deputation, acts done or purporting to be made, taken or done \r\nby any authority or person shall be deemed to have been made, \r\ntaken or done in good faith and for the purpose intended to be \r\nserved thereby.\r\n7. Amendment of Article 270B of the Constitution .− In the \r\nConstitution, in Article 270B after the word \"Assemblies\" occurring for \r\nthe second time, the comma, words and figure \", and the General \r\nElections 2008 to the National Assembly and the Provincial \r\nAssemblies\" shall be inserted.\r\n8. Amendment of Article 270C of the Constitution .− In the \r\nConstitution, in Article 270C after the brackets, figures and word \"(1 of \r\n2000)\", the words, brackets, figure and comma \"or the Oath of Office \r\n(Judges) Order, 2007,\" shall be inserted and for the words \"that Order\" \r\nthe words \"the said Orders\" shall be substituted.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-85706601105214af:sha256:1f1e67055db98526f0f983b35a3810c4d28597e6060fb90b4c7f2be7250cc820:chars-0-1762:45fbe2e4c7a9fa053b0bb7db176db6373b8d406c42fcf23b161fa79cea43c7ff", "character_start": 0, "character_end": 1762, "utf8_byte_start": 0, "utf8_byte_end": 1764, "passage_sha256": "45fbe2e4c7a9fa053b0bb7db176db6373b8d406c42fcf23b161fa79cea43c7ff", "reader_fragment": "p-0-1762-45fbe2e4c7a9fa05" }, { "passage_id": 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