The Constitution of the Islamic Republic of Pakistan, 1973

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(In the name of Allah, the Beneficent, and the Merciful)

 

[12TH APRIL, 1973]

Preamble

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order;

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity;

Now, therefore, we, the people of Pakistan;

Conscious of our responsibility before Almighty Allah and men; Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

PART I

Introductory

1[1. The Republic and its territories.-(1) Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.

2[(2) The territories of Pakistan shall comprise,—

(a)  the Provinces of  3[Balochistan], the  4[Khyber Pakhtunkhwa], the Punjab and 5[Sindh];

(b)  the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; and[1]

(c)   ******* [words “the Federally Administered Tribal Areas; and” [omitted by 31st amendment]

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

(3) 6[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.]

  1. Islam to be State religion. Islam shall be the State religion ofPakistan.

7[2A.  The  Objectives  Resolution  to  form  part  of  substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly].

1The provisions of the Constitution except those of Articles 6, 8 to 28, (both inclusive), clauses 2 and (2a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270-A, brought into force with effect from 10th March, 1985, ride S.R.O. No. 212(I)/85. dated 10th March, 1985, Gazette of Pakistan, Extraordinary, Part-II, page 279 and the aforesaid Articles brought into force with effect from 30th December, 1985, vide S.R.O. No. 1273(I)/85 dated 29th December. 1985, Gazette of Pakistan, Extraordinary, Part-I1, page 3185.

2Subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 2, for “clauses (2), (3) and (4)” (w.e.f. the 4th May, 1974).

3Subs. By the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 3 for ―Baluchistan.‖

4Subs. ibid., for ―North-West-Frontier‖.

5Subs. ibid., for ―Sind‖.

6Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

7New Article 2A Ins. ibid.

  1. Elimination of exploitation.The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.
  2. Right of individuals to be dealt with in accordance with law, etc.-(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being withinPakistan.

(2) In particular,—

(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and

(c) no person shall be compelled to do that which the law does not required him to do.

  1. Loyalty to State and obedience to Constitution and law.-(1) Loyalty to the State is the basic duty of every citizen.

(2) Obedience to the Constitution and law is the 1[inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

  1. High treason.-2[(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]

(2) Any person aiding or abetting 3[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “basic”.

2Subs. by the Constitution (Eighteenth Amdt.) Act. 2010 (10 of 2010), s.4 for ―clause (1)‖.

3Ins. Ibid.

1[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]

(3) 2[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

PART II

Fundamental Rights and Principles of Policy

  1. Definition of the State.In this Part, unless the context otherwise requires, “the State” means the Federal Government,2[Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

CHAPTER I.– FUNDAMENTAL RIGHTS

  1. Laws inconsistent with or in derogation of Fundamental Rights to be void.-(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

(3) The Provisions of this Article shall not apply to,—

(a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

3[(b) any of the,—

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

1New clause (2A) ins. ibid.

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

3Subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 2, for “paragraph (b)”, (w.e.f the 21st November, 1985), which was previously amended by Act 33 of 1974, s. 3, (w.e.f 4th May, 1974).

(ii) other laws specified in Part I of the First Schedule;]

and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in 1[Part II of the First Schedule] into conformity with the rights conferred by this Chapter:

Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.

Explanation.– If in respect of any law 2[Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

  1. Security of person.No person shall be deprived of life or liberty save in accordance with law.
  2. Safeguards as to arrest and detention.-(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period with out the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

1Subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of I975), s. 2, for “the First Schedule, not being a law which relates to, or is connected with, economic reforms.”

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding 1[three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of 1[three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

Explanation I.— In this Article, “the appropriate Review Board” means,

(i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and

(ii) in the case of a person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

Explanation II.—The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall,2[within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.

1Subs. by the Constitution (Third Amdt.) Act, 1975 (22 of 1975), s. 2, for “one month” (w.e.,f. the 13th February. 1975).

2Subs. ibid., for “as soon as may be, but not later than one week” (w.e.f. the 13th February, 1975).

(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:—

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 1[, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti national activity].

(8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.

(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

2[10A. Right to fair trial. For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.]

  1. Slavery, forced labour, etc., prohibited.-(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction intoPakistanin any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.

1 Added by the Constitution (Third Amdt.) Act, 1975 (22 of 1975), s. 2.

2New Article 10 A ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 5.

(4) Nothing in this Article shall be deemed to affect compulsory service-

(a) by any person undergoing punishment for an offence against any law; or

(b) required by any law for public purpose:—

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

  1. Protection against retrospective punishment.-(1) No law shall authorize the punishment of a person,—

(a) for an act or omission that was not punishable by law at the time of the act or omission; or

(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by  law for that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.

  1. Protection against double punishment and self incrimination.No person,—

(a) shall be prosecuted or punished for the same offence more than once; or

(b) shall, when accused of an offence, be compelled to be a witness against himself.

  1. Inviolability of dignity of man, etc.-(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

  1.  Freedom of movement, etc. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
  2. Freedom of assembly. Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

1[17. Freedom of association.-(1) Every citizen shall have the right to form associations or unions, subject to any  reasonable restrictions imposed by  law in the interest of sovereignty or integrity of Pakistan, public order or morality.

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

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

  1. Freedom of trade, business or profession.Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:—

Provided that nothing in this Article shall prevent,—

(a)  the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 6. for ―Article 17.

(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

  1. Freedom of speech, etc.Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, 1[commission of] or incitement to an offence.

2[19A. Right to information. Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law].

  1. Freedom to profess religion and to manage religious institutions.Subject to law, public order and morality,—

(a) every citizen shall have the right to profess, practice and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

  1. Safeguard against taxation for purposes of any particular religion.No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.

1Subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 4, for “defamation” (w.e.f the 21st November, 1975).

2New Article 19A ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 7.

  1. Safeguards as to educational institutions in respect of religion.-(1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.

(3) Subject to law,—

(a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and

(b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.

(4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.

  1. Provision as to property.Every citizen shall have the right to acquire, hold and dispose of property in any part ofPakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
  2. Protection of property rights.-(1) No person shall be deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of,—

(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or

(b) any law permitting the taking over of any  property which  has  been  acquired  by,  or come into  the possession of, any person by any unfair means, or in any manner, contrary to law; or

(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or

(d) any  law  providing  for  the  taking  over  of  the management of any property by the State for a limited period, either in the public interest or in order to secure the  proper management of  the  property, or  for  the benefit of its owner; or

(e) any law providing for the acquisition of any class of property for the purpose of,—

(i)  providing education and medical aid to all or any specified class of citizens; or

(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or

(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or

(f) any existing law or any law made in pursuance of Article 253.

(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.

  1.   Equality of citizens.-(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex1.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

2[25A. Right to education. The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.]

  1. Non-discrimination in respect of access to public places.-(1) In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special provision for women and children.

  1. Safeguard against discrimination in services.-(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:

Provided that, for a period not exceeding 3[forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 4[:]

1The word ―alone‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 8.

2New Article 25A ins. ibid., s. 9.

3Subs. and shall be deemed always to have been so subs. by the Constitution (Sixteenth Amendment) Act, 1999 (7 of 1999), s. 2, for “twenty”, which was previously subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for “ten”.

4Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 10 for the full-stop.

1[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may  be determined by an Act of Majlis-e-Shoora (Parliament)].

(2) Nothing in  clause  (1)  shall  prevent  any  Provincial Government, or any  local or other authority  in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority.

  1. Preservation of language, script and culture.Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

CHAPTER 2.– PRINCIPLES OF POLICY

  1. Principles of Policy.-(1) The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority.

(2) In so far as the observance of any particular Principle of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as being  subject to the availability of resources.

(3) In respect of each  year, the President in relation to the affairs of the Federation, and the Governor of each Province in relation to the affairs of his Province, shall cause to be prepared and laid before

2[each House of Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly, a report on the observance and implementation of the Principles of Policy, and provision shall be made in the rules of procedure of the National Assembly 3[and the Senate] or, as the case may be, the Provincial Assembly, for discussion on such report.

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 10 for the full-stop.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 11, for ―the National Assembly.

3Ins. ibid.

  1. Responsibility with respect to Principles of Policy.-(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned.

(2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State, any organ or authority of the State or any person on such ground.

  1. Islamic way of life.-(1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam  and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

(2) The State shall endeavour, as respects the Muslims of Pakistan,—

(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic  language and to secure correct and exact printing and publishing of the Holy Quran;

(b) to promote unity  and the observance of the Islamic moral standards; and

(c) to secure the proper organisation of zakat 1[ushr,] auqaf and mosques.

  1. Promotion of local Government institutions.The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.

1Ins. by P.O. No. 14 of 1985, Art. 2 and Sch.,

  1.   Parochial and other similar prejudices to be discouraged. The State shall discourage parochial, racial, tribal sectarian and provincial prejudices among the citizens.
  2. Full participation of women in national life.Steps shall be taken to ensure full participation of women in all spheres of national life.
  3. Protection of family, etc.The State shall protect the marriage, the family, the mother and the child.
  4. Protection of minorities.The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.
  5. Promotion of social justice and eradication of social evils.The State shall,—

(a) promote, with special care, the educational and economic interests of backward classes or areas;

(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;

(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d) ensure inexpensive and expeditious justice;

(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;

(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

  1. Promotion of social and economic well being of the people. The State shall,—

(a) secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

(b) provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure;

(c) provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means;

(d) provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;

(e) reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan; 1*

(f) eliminate riba as early as possible 2[; and]

1The word ―and‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 12.

2Subs. ibid; for the full-stop.

1[(g) ensure that the shares of the Provinces in all Federal services, including  autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified.]

  1. Participation of people in Armed Forces. The State shall enable people from all parts ofPakistan to participate in the Armed Forces of Pakistan.
  2. Strengthening  bonds  with  Muslim  world  and  promoting international peace. The State shall endeavour to preserve and strengthen fraternal relations among Muslim countries based on Islamic unity, support the common interests of the peoples of Asia, Africa andLatin America, promote international peace and security, foster goodwill  and friendly relations among all nations and encourage the settlement of international disputes by peaceful means.

1The word ―and‖ omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 12.

    PART III

THE FEDERATION OF PAKISTAN

CHAPTER 1.—THE PRESIDENT

  1. The President.-(1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.

(2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.

1[(3) The President2* * * shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of,—

(a) the members of both Houses; and

(b) the members of the Provincial Assemblies.]

(4) Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office:—

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.

(5) An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy:

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.

(6) The validity of the election of the President shall not be called in question by or before any court or other authority.

3* * * * * * *

1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “clause (3)”.

2Certain words omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 13.

3Clauses (7) to (9) Omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 13.

  1. Oath of President.Before entering upon office, the President shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.
  2. Conditions of President’s office.-(1) The President shall not hold any office of profit in the service ofPakistanor occupy any other position carrying the right to remuneration for the rendering of services.

(2) The President shall not be a candidate for election as a member of 1[Majlis-e-Shoora (Parliament)] or a Provincial assembly; and, if a member of 1[Majlis-e-Shoora (Parliament)] or a Provincial Assembly is elected as President, his seat in 1[Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

  1. Term of office of President.-(1) Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office:—

Provided that the President shall, notwithstanding the expiration of his terms, continue to hold office until his successor enters upon his office.

(2) Subject to the Constitution, a person holding office as President shall be eligible for re-election to that office, but no person shall hold that office for more than two consecutive terms.

(3) The President may, by writing under his hand addressed to the Speaker of the National Assembly, resign his office.

  1. President’s power to grant pardon, etc.The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

1[46. President to be kept informed. The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament).]

  1. Removal2[or impeachment] of President.3[(l) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.

(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.]

(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.

(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.

(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.

(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.

(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.

(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of 4[Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 14, for ―Article 46‖.

2Ins. by the P.O. 14 of 1985, Art 2 and Sch.

3Subs. ibid., for “clauses (1) and (2)”.

4Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.    

is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

1[48.President to act on advice, etc.-(1) In the exercise of his functions, the President shall act 2[on and] in accordance with the advice of the Cabinet 3[or the Prime Minister]:—

4[Provided that 2[within fifteen days] the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall 2[, w ithin ten days,] act in accordance with the advice tendered after such reconsideration.]

(2) Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so 5[and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever].

6* * * * * * *

(4) The question whether any, and if so what, advice was tendered to the President by the Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any court, tribunal or other authority.

7[(5) Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall,—

(a) appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet8[in accordance with the provisions of Article 224 or, as the case may be, Article 224A]]

7[(6) If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is

1Subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for “Article 48”.

2Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15.

3Subs. by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 2, for “,the Prime Minister, or a appropriate Minister”.

4Subs. ibid., for “the original proviso”.

5Added ibid.,

6Clause (3) omitted, ibid.,

7Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15, for ―clauses (5) and (6)‖.

8Added by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012), s.2.

approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered by either “Yes” or “NO”.]

(7) An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.]

  1. Chairman or Speaker to act as, or perform functions of, President.-(1) If the office of President becomes vacant by reason of death, resignation or removal of the President, the Chairman or, if he is unable to perform the functions of the office of President, the Speaker of the National Assembly shall act as President until a President is elected in accordance with clause (3) of Article 41.

(2) When the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chairman or, if he too is absent or unable to perform the functions of the office of President, the Speaker of the National Assembly shall perform  the functions of President until the President returns to Pakistan or, as the case may be, resumes his functions.

CHAPTER 2. – THE1[MAJLIS-E-SHOORA

(PARLIAMENT)] Composition, Duration and Meetings of1[Majlis-e-Shoora (Parliament)]

2[50.  Majlis-e-Shoora (Parliament). There shall  be  a  Majlis-e-Shoora  (Parliament)  of  Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.]

3[51. National Assembly.-(1) There shall be three hundred and [thirty six][2] seats for members in the National Assembly, including seats reserved for women and non-Muslims.

(2) A person shall be entitled to vote if,—

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2Subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for “Article 50”.

3Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 16 for ―Article 51‖  and shall be deemed always to have been so subs. with effect from the 21st day of August, 2002.    

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(c) his name appears on the electoral roll; and

(d) he is not declared by a competent court to be unsound mind.

(3) The seats in the National Assembly referred to in clause (1), except [the seats mentioned in clause (4), shall be allotted to each Province and the Federal Capital as under:—][3]

Balochistan General Seats

16

Women

4

Total

20

Khyber Pakhtunkhwa 45 10 55
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 3
Total 266 60 326

[(3A) Notwithstanding anything contained in clause (3) substituted as aforesaid or any other law for the time being in force, the members of the National Assembly from the Federally Administrative Trial Areas to be elected in the General Elections, 2018 shall continue till dissolution of the National Assembly and thereafter this clause shall stand omitted.][4]

(4) In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly, ten seats reserved for non- Muslims.

(5) [**** T][5]he seats in the National Assembly shall be allocated to each province and the Federal Capital on the basis of population in accordance with the last preceding census officially published:

(6) For the purpose of election to the National Assembly,—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;

(b) each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);

(c) the constituency for all seats reserved for non-Muslims shall be the whole country;

(d) members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties‘ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly:

Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and

(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties‘ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly:—

Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

  1. Duration of National Assembly.The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.
  2. Speaker and Deputy Speaker of National Assembly.-(1) After a general election, the National Assembly shall, at its first meeting  and to the exclusion of any  other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.

(2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule.

         (3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly.

(4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered.

(5) The Speaker may, by writing under his hand addressed to the President, resign his office.

(6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.

(7) The office of Speaker or Deputy Speaker shall become vacant if,—

(a) he resigns his office;

(b) he ceases to be a member of the Assembly; or

(c) he is removed from office by a resolution of the Assembly, of which not less than seven days” notice has been given and which is passed by the votes of the majority of the total membership of the Assembly.

(8) When the National Assembly  is dissolved, the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office.

1[54. Summoning and prorogation of Majlis-e-Shoora (Parliament).-(1) The President may, from  time to time, summon either House or both Houses or 2[Majlis-e-Shoora (Parliament)] in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.]

1Article 54, had, until the 31st day of December, 1973, effect as if the proviso to clause (2) thereof were omitted, see the Removal of Difficulties (Sittings of National Assembly) Order 1973 (P.O. No. 23 of 1973), Art. 2.

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”. 

(2) There shall  be at  least 1[three] sessions  of the National Assembly every year, and not more than one hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the date appointed for its first sitting in the next session:

Provided that the National Assembly shall meet for not less than one hundred and 2[thirty] working days in each year.

3[Explanation.– In this clause, “working days” includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned].

(3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue it.

  1. Voting in Assembly and quorum.-(1) Subject to the Constitution, all decisions of the National Assembly shall be taken by majority of the members present and voting, but the person presiding shall not vote except in the case of equality of votes.

(2) If at any time during a sitting of the National Assembly the attention of the person presiding is drawn to the fact that less than one- fourth of the total membership of the Assembly is present, he shall either adjourn the Assembly or suspend the meeting until at least one-fourth of such membership is present.

  1. Address by President.-4[(1)] The President may address either House or both Houses assembled together and may for that purpose require the attendance of the members.

4[(2) The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

1Subs. by P.O. No. 14 of 1985, Art. 2 and Sch.. for “two”.

2Subs. by the Constitution (Tenth Amdt.) Act, 1987 (1 of 1987). s. 2. for “sixty” which was previously amended by P.O. No.14 of 1985, Art. 2 and Sch.

3Explanation  added  by  the  Constitution  (Fourth  Amdt.)  Act,  1975  (71  of  1975),  s.  6  (w.e.f.  the  21st November, 1975).

4Re-numbered and added by P. O. No. 14 of 1985, Art. 2 and Sch.,    

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

(4) Provision shall be made in the rules for regulating the procedure of a House and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the President.]

  1. Right to speak in2[Majlis-e-Shoora (Parliament)].The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

3[58. Dissolution of National Assembly.-(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.– Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.]

1Subs. by the Constitution (Eighth Amdt.) Act, 1985, (18 of 1985), s. 4, for “clause (3).”

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

3Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 17, for ―Article 58.

1[59. The Senate.-(1) The Senate shall consist of [ninety-six][6] members, of whom,—

(a) fourteen shall be elected by the members of each Provincial Assembly;

(b) ****** omitted by 31st amendment.[7]

(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;

(d) four women shall be elected by the members of each Provincial Assembly;

(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly; and

(f) four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:—

Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of he single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

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

(b) ******* omitted by 31st amendment.[8]

1Subs. ibid., s. 18, for “Article 59”.

(c) of the members referred to in paragraph (c) of the aforesaid clause,—

(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and

(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;

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

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

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

Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.

[(3A) Notwithstanding the omission of paragraph (b) of clause (3), the existing members of the Senate from the Federally Administrated Tribal Areas shall continue till expiry of their respective terms of office and on the expiry of the aforesaid terms this clause shall stand omitted.][9]

(4) The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.]

  1. Chairman and Deputy Chairman.-(1) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business. elect from amongst its members a Chairman and a Deputy Chairman and, so often as the Office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman.

(2) The term of office of the Chairman or Deputy Chairman shall be” 1[three] years from the day on which he enters upon his office.

  1. Other provisions relating to Senate.The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect  as if  references  therein  to  the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate Chairman and Deputy Chairman 2[and as if, in the proviso to the said clause (2) of Article 54, for  the words 3[one  hundred and thirty] the words 4[one hundred and ten] were substituted].

provisions as to Members of 5[Majlis-e-Shoora (Parliament)]

  1. 6 Qualifications for membership of Majlis-e-Shoora(Parliament).-(1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless,—

(a) he is a citizen of Pakistan;

(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll in,—

 (i)  any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and

 (ii) any  area  in  a  Province  from  which  she  seeks membership for election to a seat reserved for women.

(c)   he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital *******[10], from where he seeks membership;

1Subs. by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 7, for ―two.

2Added by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 5 (w.e.f. the 14th May, 1974).

3Subs. by the Constitution (Tenth Amdt.) Act, 1987 (1 of 1987), s. 3, which was previously amended by P. O. No. 24 of 1985. Art. 2.

4Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 19, for ―ninety.

5Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

6Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 20, for ―Article 62.    

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;

(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and

(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation;].

1[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if—

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 21, for ―Article 63‖.

(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity, or independence of the judiciary  of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has lapsed since his release; or

(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or

(i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or

(j) he has been removed or compulsorily  retired from the service of Pakistan or service of a corporation or office set up  or controlled  by the Federal  Government, Provincial Government or a Local Government on the ground of misconduct,  unless a period of three years has elapsed since his removal or compulsory retirement; or

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

Provided  that  the  disqualification  under  this paragraph shall not apply to a person,—

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest;

Explanation.—In this Article “goods” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply; or

(m) he holds any office of profit in the service of Pakistan other than the following offices, namely:—

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii) the Qaumi Razakars;

(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or

(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or

(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

Explanation.— For the purposes of this paragraph “law” shall not include an Ordinance promulgated under Article 89 or Article 128.

(2) If any question arises whether a member of the Majlis-e- Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.

(3) The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.]

1[63A. Disqualification on grounds of defection, etc. (1) If a member of a Parliamentary Party composed of a single political party in a House,—

(a) resigns from membership of his political party or joins another Parliamentary party; or

(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to—

(i) election of the Prime Minister or the Chief Minister; or

(ii) a vote of confidence or a vote of no-confidence; or

(iii) a Money Bill or a Constitution (Amendment) Bill;

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.22, for “Article 63A”.

he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned:

Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.

Explanation.— “Party Head” means any person, by whatever name called, declared as such by the Party.

(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.

(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.

(5) Any party aggrieved by the decision of the Election Commission may, within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal.

(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(7) For the purpose of this Article,—

(a) ”House” means the National Assembly or the Senate, in relation to the Federation; and a Provincial Assembly in relation to the Province, as the case may be;

(b) ”Presiding Officer” means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.

(8) Article 63A substituted as aforesaid shall comes into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:

Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative]1*.

  1. Vacation of seats.__(1) A member of2[Majlis-e-Shoora (Parliament)] may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become vacant.

(2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.

  1. Oath of Members.A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule.
  2. Privileges of members, etc.(1) Subject to the Constitution and to the rules of procedure of2[Majlis-e-Shoora (Parliament)], there shall be freedom of speech in 2[Majlis-e-Shoora (Parliament)] and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in 2[Majlis-e-Shoora (Parliament)], and no person shall be so liable in respect of the publication by or under the authority of
    2[Majlis-e-Shoora (Parliament)] of any report, paper, votes or proceedings.

(2) In other respects, the powers, immunities and privileges of 2[Majlis-e-Shoora (Parliament)], and the immunities and privileges of the members of2[Majlis-e-Shoora (Parliament)], shall be such as may from time to time be defined by law and, until so defined, shall be such as were,

1For existing Article 63A see Addendum at p. 220.

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members.

(3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do:

Provided that any such law,—

(a) may empower a court to punish a person who refuses to give evidence or produce documents; and

(b) shall have effect subject to such Order for safeguarding confidential matters from disclosure as may be made by the President.

(4) The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of, 1[Majlis-e-Shoora (Parliament)] as they apply to members.

(5) In this Article. 1[Majlis-e-Shoora (Parliament)] means either House or a joint sitting, or a committee thereof.

Procedure Generally

  1. Rules of procedure, etc.__(1) Subject to the Constitution, a House may make2rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings.

(2) Until rules are made under clause (1), the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the President.

1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2 For the rules of Procedure and Conduct of business in the Senate. see Gaz. of Pak. 1973. Ext., Pt. II. pp. 1543-1620.

For the Rules of Procedure and Conduct of Business in the National Assembly. 1973. see Gaz. of Pak., 1973, Ext., Pt. II, pp. 1897-1957.

  1. Restriction on discussion in1[Majlis-e-Shoora (Parliament)].No discussion shall take place in 1[Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
  2. Courts not to inquire into proceedings of1[Majlis-e-Shoora (Parliament)].__(1) The validity of any proceedings in 1[Majlis-e-Shoora (Parliament)] shall not be called in question on the ground of any irregularity of procedure.

(2) No officer or member of 1[Majlis-e-Shoora Parliament)] in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in 1[Majlis- e-Shoora (Parliament)], shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

(3) In this Article, 1[Majlis-e-Shoora (Parliament)] has the same meaning as in Article 66.

Legislative Procedure

2[70. Introduction and passing of Bills.__ (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment by the other House also, it shall be presented to the President for assent.

(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.

(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.

1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 23, for “Article 70”.

(4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” means the Federal Legislative List in the Fourth Schedule.]

  1. Mediation Committee.[Mediation Committee] omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 24 as amended by various enactments.
  2. Procedure at joint sittings.__(1) The President, after consultation with the Speaker of the National Assembly and the Chairman, may make 1rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses.

(2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be determined by the rules made under clause (1), shall preside.

(3) The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting.

(4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting.

  1. Procedure with respect to Money Bills.__2[(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly: and

Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within fourteen days, make recommendations thereon to the National Assembly.]”;

3[(1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall he presented to the President for assent.].

4* * * * * * * *

1 For the Parliament (Joint Sitting), Rules 1973, see Gaz. of Pak. 1973, Ext. Pt. 11, pp. 1657-1672.

2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 25, for “clause (1)”.

3 New clause (1) ins., ibid.

4 Existing clause (1A) stands omitted as consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2.

(2) For the purposes of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:—

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

(b)  the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government;

(c)  the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund;

(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys;

(f) the audit of the accounts of the Federal Government or a Provincial Government; and

(g) any matter incidental to any of the matters specified in the preceding paragraphs.

(3) A Bill shall not be deemed to be a Money Bill by reason only that it provides,—

(a) for the imposition or alteration of any fine or other pecuniary  penalty, or for the demand or payment of a licence fee or a fee or charge for any service rendered; or

(b) for  the  imposition,  abolition,  remission,  alteration  or regulation of any tax by any local authority or body for local purposes.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.

(5) Every  Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.

  1. Federal Government’s consent required for financial measures.A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in1[Majlis-e-Shoora (Parliament)] except by or with the consent of the Federal Government.

2[75. President’s assent to Bills. (1) When a Bill is presented to the President for assent, the President shall, within 3[ten] days,—

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

4[(2) When the President has returned a Bill to the Majlis-e- Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.]; and

(3) When the President has assented 5[or is deemed to have assented] to a Bill, it shall become law and be called an Act of Majlis-e- Shoora (Parliament).

(4) No Act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.].

1 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Article 75”.

3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 26, for “thirty”.

4 Subs. ibid., for clause (2).

5 Ins. ibid.

  1. Bill not to lapse on prorogation, etc.__(1) A Bill pending in either House shall not lapse by reason of the prorogation of the House.

(2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly.

(3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.

  1. Tax to be levied by law only.No tax shall be levied for the purposes of the Federation except by or under the authority of Act of1[Majlis-e-Shoora (Parliament)].

Financial Procedure

  1. Federal Consolidated Fund and Public Account.(1) All revenues received by the Federal Government, all loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Federal Consolidated Fund.

(2) All other moneys,—

(a) received by or on behalf of the Federal Government; or

(b) received by or deposited with the Supreme Court or any other court established under the authority of the Federation; shall be credited to the Public Account of the Federation.

  1. Custody, etc., of Federal Consolidated Fund and Public Account.The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation,

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of 1[Majlis-e-Shoora (Parliament)] or, until provision in that behalf is so made, by rules made by the President.

  1. Annual Budget Statement.__(1) The Federal Government shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipt and expenditure of the Federal Government for that year, in this Part, referred to as the Annual Budget Statement.

(2) The Annual Budget Statement shall show separately,—

(a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and

(b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund;

and shall distinguish expenditure on revenue account from other expenditure.

  1. Expenditure charged upon Federal Consolidated Fund.The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:—

(a) the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to,—

(i) the Judges of the Supreme Court 2[and the Islamabad High Court];

(ii) the Chief Election Commissioner;

(iii) the Chairman and the Deputy Chairman;

(iv) the Speaker and the Deputy Speaker of the National Assembly;

(v) the Auditor-General;

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2Added by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 2.

[(b) the administrative expenses, including the remuneration payable to officers and servants, of the Supreme Court, the Islamabad High Court, the department of the Auditor- General, the Office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly;].

(c) all debt charges for which the Federal Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Federal Consolidated Fund;

(d) any sums required to satisfy any judgement, decree or award against Pakistan by any court or tribunal; and

(e) any other sums declared by the Constitution or by Act of 2[Majlis-e-Shoora (Parliament)] to be so charged.

  1. Procedure relating to Annual Budget Statement.__(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.

(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein:

Provided that, for a period of ten years from the commencing day or the holding of the second general election to the National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Federal Government.

1Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 2.

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

  1. Authentication of schedule of authorized expenditure.__(1) The Prime Minister shall authenticate by his signature a schedule specifying,—

(a) the grants made or deemed to have been made by the National Assembly under Article 82, and

(b) the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.

(2) The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or vote thereon.

(3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the National Assembly as required by clause (2).

  1. Supplementary and excess grants.If in respect of any financial year it is found,—

(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or

(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year;

the Federal Government shall have power to authorize expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement.

  1. Votes on account.Notwithstanding anything contained in the foregoing provisions relating to financial matters, the National Assembly shall have power tomake any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.
  2. Power to authorize expenditure when Assembly stands dissolved.
    Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorize expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.
  3. Secretariats of [Majlis-e-Shoora (Parliament)].___(1) Each House shall have a separate Secretariat:—

Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses.

(2) 1[Majlis-e-Shoora (Parliament)] may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House.

(3) Until provision is made by 1[Majlis-e-Shoora (Parliament)] under clause (2), the Speaker or, as the case may be, the Chairman may, with the approval of the President, make rules2 regulating the recruitment, and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate.

  1. Finance Committees .___(1) The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee.

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2For the National Assembly Secretariat (Recruitment) Rules, 1973, see Gaz. of Pak.. 1973, Ext., Part-II. pp. 2279-2286.

For the Senate Secretariat (Recruitment) Rules. 1973, see ibid.. pp. 2301-2307.

(2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate.

(3) The Finance Committee may make rules1 for regulating its procedure.

Ordinances

  1. Power of President to promulgate Ordinances.__(1) The President may, except when the2[Senate or] National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.

(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of3[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 3[Majlis-e-Shoora (Parliament)] to make law, but every such Ordinance,—

(a) shall be laid,—

(i) before the National Assembly if it 4[contains provisions dealing with all or any of the matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of 5[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution 6[:]

7[Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:—

1For the National Assembly (Finance Committee) Rules, 1973, see Gaz. of Pak., 1973. Ext., Part II, pp. 2451 – 2454.

For the Senate (Finance Committee) Rules, 1973, see ibid., pp. 2479-2482.

2Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27.

3Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

4Subs. by the Constitution (Second Amdt.) Order, 1985 (P. O. No. 20 of 1985), Art. 2, for certain words.

5Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for ―four months‖.

6Subs. ibid, for the semi-colon.

7New Provisos ins. ibid.

Provided further that extension for further period may be made only once.]; and

(ii) before both Houses if it 1[does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)], and shall stand repealed at the expiration of2[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution3[:]

4[Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:

Provided further that extension for a further period may be made only once; and]

(b) may be withdrawn at any time by the President.

5[(3) without prejudice to the provisions of clause (2),—

(a) an Ordinance laid before the National Assembly under sub- paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and

(b) an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.].

CHAPTER 3. – THE FEDERAL GOVERNMENT

6[7[90. The Federal Government.—(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal

1Subs. by P.O. 20 of 1985 Art. 3 for certain words.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for ―four months.

3Subs. by Act 10 of 2010, s. 27, for ―;and.

4New Provisos ins. ibid.

5Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 27, for ―clause (93).

6Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for Articles “90, 91, 92, 93, 94, 95 and 96.”

7As per A.O 14 of 1985 .

Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.

(2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Minister.].

1[91. The Cabinet.__ (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.

(2) The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

(3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.

(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:—

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:—

Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.

118th amendment.

(6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.

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

(8) The Prime Minister may, by writing under his hand addressed to the President, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:—

Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate.

(10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period.]

*[92. Federal Ministers and Ministers of State.__ (1) Subject to clauses 1[(9) and (10) of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:—

Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one- fourth of the number of Federal Ministers 2[:]—

3[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament)]:

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 30, for ―(7) and (8)‖.

2Subs. ibid., for the full-stop.

3Provisos ins. ibid.

* P.O 14 of 1985.

Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.]

(2) Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule.

(3) A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister.

1[93. Advisers.___ (1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine.

(2) The provisions of Article 57 shall also apply to an Adviser.]

1[94. Prime Minister continuing in office The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.]

1[95. Vote of no-confidence against Prime Minister. (1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.

(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.

(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.

(4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.]

1P.O 14 of 1985.

  1. Vote of no confidence against Prime Minister. Omitted by substitution through renumbering vide P. O. No. 14 of 1985, Art. 2 and Sch.
  2. Extent of executive authority of Federation.Subject to the Constitution, the executive authority of the federation shall extend to the matters with respect to which1[Majlis-e- Shoora (Parliament)] has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan:

Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by1[Majlis-e-Shoora (Parliament)], extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws.

  1. Conferring of functions on subordinate authorities.On the recommendation of the Federal Government,1[Majlis-e- Shoora (Parliament)] may by law confer functions upon officers or authorities subordinate to the Federal Government.

2[99. Conduct of business of Federal Government.___ (1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President.

(2) The 3[Federal Government] shall by rules specify the manner in which orders and other instruments made and executed 4[in his name of the President] shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President.

5[(3) The Federal Government shall also make rules for the allocation and transaction of its business.]].

  1. Attorney-General forPakistan.__(1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”

2Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Art. 99.”

3Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010) s. 31, for “President”.

4Subs. ibid., for “in his name”.

5Subs. ibid., s. 31, for “clause (3)”.

(2) The Attorney-General shall hold office during the pleasure of the President 1[and shall not engage in private practice so long as he holds the office of the Attorney-General].

(3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.

(4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.

118th amendment, 2010.

PART IV

PROVINCES

CHAPTER 1. – THE GOVERNORS

  1. Appointment of Governor.__1[(1) There shall be a Governor for each Province, who shall be appointed by the President on the advise of the Prime Minister].

(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age 2[and is a registered voter and resident of the Province concerned.] 3[:]

4* * * * * * *

4* * * * * * *

(3) The Governor shall hold office during the pleasure of the President 5[and shall be entitled to such salary, allowances and privileges as the President may determine].

(4) The Governor may, by writing under his hand addressed to the President, resign his office.

6[(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor 7[in any contingency not provided for in this Part.]

  1. Oath of Office.Before entering upon office, the Governor shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule.

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 33, for ―clause (1)‖.

2Added ibid.

3Subs. by the Constitution (Fifth Amdt.) Act. 1976 (62 of 1976), s. 2, for the full-stop (w.e.f. the 13th September, 1976).

4Proviso and clause (2A) omitted by the Constitution (Eighth Amdt.) Act, 1985 ( 18 of 1985), s. 11 which was previously amended by Act 62 of 1976, s.2.

5Added by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 6, (w.e.f. the 4th May, 1974).

6Added by P. O. No. 14 of 1985, Art. 2 and Sch.,

7Added by Act 18 of 1985, s. 11.

  1. Conditions of Governor’s office.__(1) The Governor shall not hold any office of profit in the service ofPakistan or occupy any other position carrying the right to remuneration for the rendering of services.

(2) The Governor shall not be a candidate for election as a member of 1[Majlis-e-Shoora (Parliament)] or a Provincial Assembly and, if a member of 1[Majlis-e-Shoora (Parliament)] or a Provincial Assembly is appointed as Governor, his seat in 1[Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

2[104.Speaker Provincial Assembly to act as, or perform functions of Governor in his absence. When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.]

3[105. Governor to act on advice, etc.__ (1) Subject to Constitution, in the performance of his functions, the Governor shall act 4[on and] in accordance with the advice of the Cabinet 5[or the Chief Minister]:—

5[Provided that 4[within fifteen days] the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall 4[, within ten days,] act in accordance with the advice tendered after such reconsideration.]

6* * * * * * * * *

(2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister7[or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority.

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 34, for ―Article 104‖.

3Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Article 105”.

4Ins. by Act No. 10 of 2010, s. 35.

5Subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985), s. 12, for ―proviso,‖

6Proviso omitted ibid.

7Subs. ibid., for “the Cabinet or a Minister”.

[(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,—

(a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.]

2* * * * * * * * *

(5) The provisions of clause 3[(2)] of Article 48 shall have effect in relation to a Governor as if reference therein to “President” were reference to “Governor”.]

CHAPTER 2. – PROVINCIAL ASSEMBLIES

4[106. Constitution of Provincial Assemblies. (1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:-

General seats Women Non-Muslims Total
Baluchistan 51 11 3 65
Khyber Pakhtunkhwa 115 26 4 145[11]
Punjab 297 66 8 371
Sindh 130 29 9 168

[(1A) The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1, include sixteen general seats, four seats for women and one seat for non-Muslims in respect of the Federally Administrated Tribal Areas:—

Provided that elections to the aforesaid seats shall be held within one year after the General Elections, 2018.

(1B) After elections to seats referred to in clause (1A), both clause (1A) and this clause shall stand omitted.][12]

(2) A person shall be entitled to vote if,—

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(c) his name appears on the electoral roll for any area in the Province; and

(d) he is not declared by a competent court to be of unsound mind.

1Subs. by Act No. 10 of 2010, s. 35, for ―clause (3)‖.

2Clause (4) omitted, ibid.

3Subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985) s. 12 for “(3)”.

4Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 36, for ―Article 106‖ and shall be deemed always to have been so, subs. with effect from 21st day of August, 2002.

(3) For the purpose of election to a Provincial Assembly,—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

(b) each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non- Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:—

Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

  1. Duration of Provincial Assembly.A Provincial Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.
  2. Speaker and Deputy Speaker.After a general election, a Provincial Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.
  3. Summoning and prorogation of Provincial Assembly.The Governor may from time to time,—

(a) summon the Provincial Assembly to meet at such time and place as he thinks fit; and

(b) prorogue the Provincial Assembly.

  1. Right of Governor to address Provincial Assembly.The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members.
  2. Right to speak in Provincial Assembly.The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

1[112. Dissolution of Provincial Assembly (1) The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised.

Explanation.– Reference in this Article to ‘Chief Minister’ shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed.

(2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to the previous approval of the President, where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose.].

2[113. Qualifications and disqualifications for membership of Provincial Assembly. The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to “National Assembly” were a reference to “Provincial Assembly”.].

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 37, for “Article 112”.

2Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Art. 113”.

  1. Restriction on discussion in Provincial Assembly.No discussion shall take place in a Provincial Assembly with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
  2. Provincial Government’s consent required for financial measures.__ (1) A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Provincial Consolidated Fund or withdrawal from the Public Account of the Province shall not be introduced or moved in the Provincial Assembly except by or with the consent of the Provincial Government.

(2) For the purposes of this Article, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:—

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

(b) the borrowing of money, or the giving of any guarantee, by the Provincial Government or the amendment of the law relating to the financial obligations of that Government;

(c) the custody of the Provincial Consolidated Fund, the payment of moneys into, or issue of moneys from, that fund;

(d) the imposition of a charge upon the Provincial Consolidated  Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys; and

(f) any matter incidental to any of the matters specified in the preceding paragraphs.

(3) A Bill shall not be deemed to be a Money Bill by reason only that it provides,—

(a) for the imposition or alteration of any fine or other pecuniary  penalty  or for the demand or payment of a licence fee or a fee or charge for any service rendered; or

(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Provincial Assembly thereon shall be final.

(5) Every Money Bill presented to the Governor for assent shall bear a certificate under the hand of the Speaker of the Provincial Assembly that it is a Money Bill and such certificate shall be conclusive for all purposes and shall not be called in question.

1[116. Governor’s assent to Bills.__ (1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.

(2) When a Bill is presented to the Governor for assent, the Governor shall, within 2[ten] days,—

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

3[(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall 4[give his assent within ten days, failing which such assent shall be deemed to have been given].

(4) When the Governor has assented 5[or is deemed to have assented] to a Bill, it shall become law and be called an Act of Provincial Assembly.

1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Art. 116”

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “thirty”.

3Subs. by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 15, for “clause (3)”.

4Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 38, for “not withhold his assent thereform”.

5Ins. ibid.    

(5) No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that  some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.].

  1. Bill not to lapse on prorogation, etc.__(1) A Bill pending in a Provincial Assembly shall not lapse by reason of the prorogation of the Assembly.

(2) A Bill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly.

Financial Procedure

  1. Provincial Consolidated Fund and Public Account.__(1) All revenues received by the Provincial Government, all loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Provincial Consolidated Fund.

(2) All other moneys,—

(a) received by or on behalf of the Provincial Government; or

(b) received by or deposited with the High Court or any other court established under the authority of the Province;

shall be credited to the Public Account of the Province.

  1. Custody, etc., of Provincial Consolidated Fund and Public Account.The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their payment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Provincial Assembly or, until provision in that behalf is so made, by rules made by the Governor.
  2. Annual Budget Statement.__(1) The Provincial Government shall, in respect of every financial year, cause to be laid before the Provincial Assembly statement of the estimated receipts and expenditure of the Provincial Government for that year, in this Chapter referred to as the Annual Budget Statement.

(2) The Annual Budget Statement shall show separately,—

(a) the sums required to meet expenditure described by the constitution as expenditure charged upon the Provincial Consolidated Fund; and

(b) the sums required to meet other expenditure proposed to be made from the Provincial Consolidated Fund;

and shall distinguish expenditure on revenue account from other expenditure.

  1. Expenditure charged upon Provincial Consolidated Fund.The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund:—

(a) the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to,—

(i) the Judges of the High Court; and

(ii) the Speaker and Deputy Speaker of the Provincial Assembly;

(b) the administrative expenses, including the remuneration payable to officers and servants, of the High Court and the Secretariat of the Provincial Assembly;

(c) all debt charges for which the Provincial Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Provincial Consolidated Fund;

(d) any sums required to satisfy any judgement, decree or award against the Province by any court or tribunal; and

(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.

  1. Procedure relating to Annual Budget Statement.__(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Provincial Consolidated Fund may be discussed in, but shall not be submitted to the vote of the Provincial Assembly.

(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the Provincial Assembly in the form of demands for grants, and that Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein:

1* * * * * * * *

(3) No demand for a grant shall be made except on the recommendation of the Provincial Government.

  1. Authentication of schedule of authorized expenditure.__(1) The Chief Minister shall authenticate by his signature a schedule specifying,—

(a) the grants made or deemed to have been made by the Provincial Assembly under Article 122, and

(b) the several sums required to meet the expenditure charged upon the Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Assembly.

(2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion or vote thereon.

(3) Subject to the Constitution, no expenditure from the Provincial Consolidated Fund shall be deemed to be duly authorized unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2).

  1. Supplementary and excess grantIf in respect of any financial year it is found,—

(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that

1Proviso omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.39.

a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or

(b)  that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year;

the Provincial Government shall have power to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the Provincial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement.

  1. Votes on account.Notwithstanding anything contained in the foregoing provisions relating to financial matters, the Provincial Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part  of  any financial  year,  not  exceeding  three  months,  pending completion of the procedure prescribed in Article 122 for the voting of such grant and the authentication of the schedule of expenditure in accordance  with the provisions of Article 123 in relation to the expenditure.
  2. Power to authorize expenditure when Assembly stands,dissolved. Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorize expenditure from the Provincial Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 122 for the voting of grants and the  authentication of  the schedule of authorized expenditure, in accordance with the provisions of Article 123 in relation to the expenditure.
  3. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and inrelation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that,—

(a) any reference in those provisions to 1[Majlis-e-Shoora (Parliament)], a House or the National Assembly shall be read as a reference to the Provincial Assembly;

(b) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;

(c) any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government;

(d) any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister;

(e) any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister; 2*

(f) any reference in those provisions to the National Assembly of Pakistan shall be read as a reference to the Provincial Assembly in existence immediately before the commencing day 3[; and]

4[(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word 5[one hundred] were substituted.]

Ordinances

  1. Power of Governor to promulgate Ordinances.(1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.

(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance,—

1Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

2The word “and” omitted by the Constitution (First Amdt.) Act. 1974 (33 of 1974), s.7 (w.e.f the 4th May.1974).

3Subs. ibid., s. 7 for full stop.

4Paragraph (g) added ibid.,

5Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 40, for ―seventy‖.

(a) shall be laid before the Provincial Assembly and shall stand repealed at the expiration of1[ninety days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution 2[:]

3[Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:—

Provided further that extension for a further period may be made only once.].

(b) may be withdrawn at any time by the Governor.

(3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.

CHAPTER 3. – THE PROVINCIAL GOVERNMENTS

4[129. The Provincial Government.__ (1) Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.

(2) In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers.].

5[130. The Cabinet.__ (1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 41, for “three months”.

2Subs. ibid., for “ and”.

3Provisos Ins. ibid.

4Subs. ibid., s. 42, for “Article 129”.

5Subs. ibid., s. 43, for “Article 130”.

(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.

(4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:—

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secures the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule:—

Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.

(6) The Cabinet shall be collectively responsible to the Provincial Assembly and the total strength of the Cabinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:—

Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

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

(8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(10) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

(11) The Chief Minister shall not appoint more than five Advisors.]

1[131. Governor to be kept informed. The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.]

2[132. Provincial Ministers.__(1) Subject to clauses 3[(9) and (10)] of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister.

(2) Before entering upon office, a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule.

(3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the Chief Minister.

  1. Chief Minister continuing in office.The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister.]

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 44, for ―Article 131.

2Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “Articles 132 and 133”.

3Subs. by the Act, No. 10 of 2010, s. 45, for ―(7) and (8).

  1. [Resignation by Chief Minister] Omitted by P.O. No. 14 of 1985, Art. 2 and Sch.
  2. [Provincial Minister performing functions of Chief Minister.] Omitted by P.O. No. 14 of 1985, Art. 2 and Sch.

1 [136. Vote of no-confidence against Chief Minister.__(1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly.

(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly.

(3) If the resolution referred to in clause (l) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office.]

  1. Extent of executive authority of Province.Subject to the Constitution, the executive authority of the Province shall extend to the matters with respect to which the Provincial Assembly has power to make laws:—

Provided that, in any matter with respect to which both 2[Majlis-e- Shoora (Parliament)] and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by 2[Majlis-e-Shoora (Parliament)] upon the Federal Government or authorities thereof.

  1. Conferring of functions on subordinate authorities.On the recommendation of the Provincial Government, the Provincial Assembly may by law confer functions upon officers or authorities subordinate to the Provincial Government.

3[139. Conduct of business of Provincial Government.__ (1) All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.

1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch.. for “Art. 136”.

2Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for “Parliament”.

3Subs. by P O. No. 14 of 1985, Art. 2 and Sch., for “Article 139”.

(2) The 1[Provincial Government] shall by rules specify the manner in which orders and other instruments made and executed 2[in the name of Governor] shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.

3[(3) The Provincial Government shall also make rules for the allocation and transaction of its business.]]

  1. Advocate General for a Province.__(1) The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of the High Court, to be the Advocate General for the Province.

(2) It shall be the duty of the Advocate-General to give advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Provincial Government.

(3) The Advocate-General shall hold office during the pleasure of the Governor 4[and shall not engage in private practice so long as he holds the office of the Advocate-General].

(4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.

5* * * * * * * *

6[140A. Local Government.__(1) Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.

(2) Elections to the local governments shall be held by the Election Commission of Pakistan.]

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 46, for ―Governor‖.

2Subs. ibid., for ―in his name‖.

3Subs. ibid., for ―clause (3)‖

4Added ibid., s. 47.

5Existing Article 140A stands omitted as a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2.

6New Article 140A ins. ibid., s. 48.

PART V

RELATIONS BETWEEN FEDERATION AND PROVINCES

CHAPTER 1. – DISTRIBUTION OF LEGISLATIVE POWERS

  1. Extent of Federal and Provincial laws.Subject to the Constitution, 1[Majlis-e-Shoora (Parliament)] may make laws (including laws having extra-territorial operation) for the whole or any part ofPakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
  2. Subject-matter of Federal and Provincial laws.Subject to the Constitution,—

(a) 1[Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;

2[(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence;]

3[(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any matter not enumerated in the Federal Legislative List;]

4[(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province].

5[143. Inconsistency between Federal and Provincial law. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e- Shoora (Parliament) is competent to enact, then the Act of Majlis-e- Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.]

1Error identified by LOPC to be discussed by the panel.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 49, for ―Paragraph (b)‖.

3Subs. ibid; for ―Paragraph (c)‖.

4Subs. ibid; for ―Paragraph (d)‖.

5Subs. ibid; s. 50 for ―Article 143‖.

  1. Power of1[Majlis-e-Shoora (Parliament)] to legislate for2[One] or more Provinces by consent(1) If2[one] or more Provincial Assemblies pass resolutions to the effect that 1[Majlis-e-Shoora (Parliament)] may by law regulate any matter not enumerated in 3[the Federal Legislation Li st] in the Fourth Schedule, it shall be lawful for1[Majlis-e-Shoora (Parliament)] to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.

4* * * * * * * * *

CHAPTER 2.

ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND PROVINCES.

  1. Power of President to direct Governor to discharge certain functions as his Agent.__(1) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.

(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

  1. Power of Federation to confer powers, etc., on Provinces, in certain cases.__(1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends.

(2) An Act of 1[Majlis-e-Shoora (Parliament)] may, notwith- standing that it relates to a matter with respect to which a Provincial Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof.

1Error identified by LOPC to be discussed by the panel.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 51, for ―Two‖.

3Subs. by Act No. 10 of 2010, s.51. for ―either list‖.

4Clause (2) omitted by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s.17.

(3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties.

  1. Power of the Provinces to entrust functions to the Federation.Notwithstanding anything contained in the Constitution, the Government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends1[:]—

2[Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.].

  1. Obligation of Provinces and Federation.__(1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province.

(2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province.

(3) It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.

  1. Directions to Provinces in certain cases.__(1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.

3* * * * * * * *

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 52, for the full-stop.

2Proviso added, ibid.

3Clause (2) omitted ibid., s. 53.

(3) The executive authority of the Federation shall also extend to the giving directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.

(4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof.

150 Full faith and credit for public acts, etc. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceedings of every Province.

  1. Inter-Provincial trade.__(1) Subject to clause (2), trade, commerce and intercourse throughoutPakistan shall be free.

(2) 1[Majlis-e-Shoora (Parliament)] may by law impose such restrictions on the freedom of trade, commerce or inter-course between one Province and another or within any part of Pakistan as may be required in the public interest.

(3) A Provincial Assembly or a Provincial Government shall not have power to,—

(a) make any law, or take any executive action, prohibiting or restricting the entry into, or the export from, the Province of goods of any class or description, or

(b) impose a tax which, as between goods manufactured or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former goods or which, in the case of goods manufactured or produced outside the Province discriminates between goods manufactured or produced in any area in Pakistan and similar goods manufactured or produced in any other area in Pakistan.

(4) An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or

1Error identified by LOPC to be discussed by the panel.

morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of any essential commodity shall not, if it was made with the consent of the President, be invalid.

  1. Acquisition of land for Federal purposes.The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which1[Majlis-e-Shoora (Parliament)] has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan.

CHAPTER 3.

SPECIAL PROVISIONS

152A. [National Security Council.] Omitted by the Constitution (Seventeenth Amdt.) Act 2003 (3 of 2003), s. 5, which was previously ins. by C.E’s. O. No. 24 of 2002, Art. 3 and Sch., as amended by various enactments.

153 Council of Common Interests .(1)There shall be a Council of Common Interests, in his Chapter refer ed to as the Council, to be appointed by the President.

2[(2) The Council shall consist of,—

(a) the Prime Minister who shall be the Chairman of theCouncil;

(b) the Chief Ministers of the Provinces; and

(c) three members from the Federal Government to be nominated by the Prime Minister from time to time.];

3* * * * * * * * *

(4) The Council shall be responsible to 1[Majlis-e-Shoora (Parliament) 4[and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament).]]

1Error identified by LOPC to be discussed by the panel.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 54, for ―clause (2)‖.

3Clause (3) omitted ibid.

4Added by Act, No. 10 of 2010, s. 54.

  1. Functions and rules of procedure.1[(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions.]

2[(2) The Council shall be constituted within thirty days of the Prime Minister taking oath of office.

(3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days:—

Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.]

3[(4)] The decisions of the Council shall be expressed in terms of the opinion of the majority.

3[(5)] Until 4[Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the Council may make its rules of procedure.

3[(6)] 4[Majlis-e-Shoora (Parliament)] in joint sitting may from time to time by resolution issue directions through the Federal Government to the Council generally or in a particular matter to take action as 4[Majlis-e-Shoora (Parliament)] may deem just and proper and such directions shall be binding on the Council.

3[(7)] If the Federal Government or a Provincial Government is dissatisfied with a decision of the Council, it may refer the matter to

4[Majlis-e-Shoora (Parliament)] in a joint sitting whose decision in this behalf shall be final.

  1. Complaints as to interference with water supplies.__(1) If the interests of a Province, the Federal Capital *****[13]or any of the inhabitants thereof, in water from any natural source of supply 5[or reservoir] have been or are likely to be affected prejudicially by,—

(a) any executive act or legislation taken or passed or proposed to be taken or passed, or

1Subs. ibid. s. 55, for ―clause (1)‖. (18th Amdt.)?

2New clauses (2) and (3) ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 55.

3Clauses (2), (3), (4) and (5) renumbered ibid.

4Error identified by LOPC to be discussed by the panel.

5Ins. by Act. No. 10 of 2010, s. 56.

(b) the failure of any authority to exercise any of its powers with respect to the use and distribution or control of water from that source,

the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.

(2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission.

(3) Until 1[Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a Commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred.

(4) After considering the report and supplementary report, if any, of the Commission, the Council shall record its decision on all matters referred to the Commission.

(5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor.

(6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the Council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article.

2[156. National Economic Council.__(1) The President shall constitute a National Economic Council which shall consist of,—

1Error identified by LOPC to be discussed by the panel.

2Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.57, for ―Article 156.

(a) the Prime Minister, who shall be the Chairman of the Council;

(b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and

(c) four other members as the Prime Minister may nominate from time to time.

(2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall, amongst other factors, ensure balanced development and regional equity and shall also be guided by the Principles of Policy set-out in Chapter 2 of Part II.

(3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.

(4) The Council shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership.

(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis- e-Shoora (Parliament)].

  1. Electricity.__(1) The Federal Government may in any Province construct or cause to be constructed hydro-electric or thermal power installations or grid stations for the generation of electricity and lay or cause to be laid inter-Provincial transmission lines 1[:]—

2[Provided that the Federal Government, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned.];

(2) The Government of a Province may,—

(a) to the extent electricity is supplied to that Province from the national grid, require supply to be made in bulk for transmission and distribution within the Province;

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.58, for the full stop.

2Proviso Ins. ibid.

(b) levy tax on consumption of electricity within the Province;

(c) construct power houses and grid stations and lay transmission lines for use within the Province; and

(d) determine the tariff for distribution of electricity within the Province.

1[(3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments may move the Council of Common Interests for resolution of the dispute.].

  1. Priority of requirements of natural gas.The Province in which a well-head of natural gas is situated shall have precedence over other parts ofPakistan in meeting the requirements from that well-head, subject to the commitments and obligations as on the commencing day.
  2. Broadcasting and telecasting.__(1) The Federal Government shall not unreasonably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government,—

(a) to construct and use transmitters in the Province; and

(b) to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province:—

Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by person so authorised.

(2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government.

(3) Any Federal law with respect to broadcasting and tele- casting shall be such as to secure that effect can be given to the foregoing provisions of this Article.

1New clause (3) added ibid. (18th Amdt.)?

(4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan.

(5) Nothing in this Article shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or any part thereof.

PART VI

FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER 1. – FINANCE Distribution of Revenues between the Federation and the Provinces

  1. National Finance Commission.__(1) Within six months of the commencing day and thereafter at intervals not exceeding five years, the President shall1constitute a National Finance Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial Governments, and such other persons as may be appointed by the President after consultation with the Governors of the Provinces.

(2) It shall be the duty of the National Finance Commission to make recommendations to the President as to,—

(a) the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3);

(b) the making of grants-in-aid by the Federal Government to the Provincial Governments;

(c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution; and

(d) any other matter relating to finance referred to the Commission by the President.

(3) The taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the authority of2[Majlis-e-Shoora (Parliament)], namely:—

(i) taxes on income, including corporation tax but not including taxes on income consisting of remuneration paid out of the Federal Consolidated Fund;

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

1For the notification constituting the National Finance Commission, see Gaz. of Pak. 1974, Ext., Part II. pp. 191-192.

2Error identified by LOPC to be discussed by the panel.

3Subs. by the Constitution (Fifth Arndt.) Act, 1976 (62 of 1976), s. 3, for the “original paragraph (ii)”, (w.e.f. the 13th September, 1976).

(iii) export duties on cotton, and such other export duties as may be specified by the President;

(iv) such duties of excise as may be specified by the President; and

(v) such other taxes as may be specified by the President.

1[(3A) The share of the Provinces, in each Award of National Finance Commission shall not be less than the share given to the Provinces in the pervious Award.

(3B) The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the Award biannually and lay their reports before both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies.]

(4) As soon as may be after receiving the recommendations of the National Finance Commission, the President shall, by 2Order, specify, in accordance with the recommendations of the Commission under paragraph (a) of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the provision of Article 78 shall not form part of the Federal Consolidated Fund.

(5) The recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies.

(6) At any time before an Order under clause (4) is made, the President may, by Order, make such amendments or modifications in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient.

(7) The President may, by Order, make grants-in-aid of the revenues of the Provinces in need of assistance and such grants shall be charged upon the Federal Consolidated Fund.

1New Clauses (3A), (3B) Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 59.

2For such Order, see the Distribution of Revenues and Grants-in-Aid Order, 1975 (P. O. No. 2 of 1975).

  1. Natural gas and hydro-electric power.__1[(1) Notwithstanding the provisions of Article 78.

(a) the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government, and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of natural gas is situated.

(b) the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated.]

(2) The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government from the bulk generation of power at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated.

Explanation.—For the purposes of this clause “net profits” shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Council of Common Interests, the operating expenses of the station, which shall include any sums payable as taxes, duties, interest or return on investment, and depreciations and element of obsolescence, and over-heads, and provision for reserves.

  1. Prior sanction of President required to Bills affecting taxation in which Provinces are interestedNo Bill or amendment which imposes or varies a tax or duty the whole or part of the net proceeds whereof is assigned to any Province, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to income-tax, as defined for the purposes of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous sanction of the President.

1Subs. by the Act 10 of 2010, s. 60 for ―clause (1).

  1. Provincial taxes in respect of professions, etc.A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of1[Majlis-e-Shoora (Parliament)], on persons engaged in professions, trades, callings or employments, and no such Act of the Assembly shall be regarded as imposing a tax on income.

Miscellaneous Financial Provisions

  1. Grants out of Consolidated Fund.The Federation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which1[Majlis-e-Shoora (Parliament)] or, as the case may be, a Provincial Assembly may make laws.
  2. Exemption of certain public property from taxation.__(1) The Federal Government shall not, in respect of its property or income, be liable to taxation under any Act of Provincial Assembly and, subject to clause (2), a Provincial Government shall not, in respect of its property or income, be liable to taxation under Act of 1[Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly of any other Province.

(2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under Act of 1[Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly of the Province in which that trade or business is carried on.

(3) Nothing in this Article shall prevent the imposition of fees for services rendered.

2 [165A. Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain corporations, etc.__(1) For the removal of doubt, it is hereby declared that 1[Majlis-e-Shoora (Parliament)] has, and shall be deemed always to have had, the power to make a law to provide for the levy and recovery of a tax on the income of a corporation, company or other body or institution established by or under a Federal law or a Provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly or indirectly, by the Federal Government or a Provincial Government, regardless of the ultimate destination of such income.

1Error identified by LOPC to be discussed by the panel.

2Added by the Constitution (Arndt.) Order. 1985 (P. O. No. 11 of 1985), Art. 2.

(2) All orders made, proceedings taken and acts done by any authority or person, which were made, taken or done, or purported to have been made, taken or done, before the commencement of the Constitution (Amendment) Order, 1985, in exercise of the powers derived from any law referred to in clause (1), or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal, including the Supreme Court and a High Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court, including the Supreme Court and a High Court, on any ground whatsoever.

(3) Every judgement or order of any court or tribunal, including the Supreme Court and a High Court, which is repugnant to the provisions of clause (1) or clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever.]

CHAPTER 2. – BORROWING AND AUDIT

  1. Borrowing by Federal Government.The executive authority of the Federation extends to borrowing upon the security of the Federal Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of1[Majlis-e-Shoora (Parliament)], and to the giving of guarantees within such limits, if any, as may be so fixed.
  2. Borrowing by Provincial Government.__(1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits

1Error identified by LOPC to be discussed by the panel.

fixed under Article 166 are not exceeded, give guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund.

(3) A Province may not, without the consent of the Federal Government, raise any loan if there is still outstanding any part of a loan made to the Province by the Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such conditions, if any, as the Federal Government may think fit to impose.

1[(4) A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.]

Audit and Accounts

  1. Auditor-General ofPakistan.__(1) There shall be an Auditor-General of Pakistan, who shall be appointed by the President.

(2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

2(3) The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier.]

3[(3A) The other terms and conditions of service of the Auditor- General shall be determined by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President.]

(4) A person who has held office as Auditor-General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office.

(5) The Auditor-General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.

(6) At any time when the office of the Auditor-General is

1New clause (4) Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 61.

2Subs. ibid., s. 62, for ―clause (3)‖.

3New clause (3A) Ins. by the Constitution (Eighteenth Amdt.), Act, 2010, (10 of 2010), s. 62.

vacant or the Auditor-General is absent or is unable to perform the functions of his office due to any cause,1[the President may appoint the most senior officer in the Office of the Auditor-General to] at as Auditor- General and perform the functions of that office.

  1. Functions and powers of Auditor-General.The Auditor-General shall, in relation to,—

(a) the accounts of the Federation and of the Provinces; and

(b) the accounts of any authority or body established by the Federation or a Province,

perform such functions and exercise such powers as may be deter-mined by or under Act of 2[Majlis-e-Shoora (Parliament)] and, until so determined, by 3Order of the President.

  1. Power of Auditor-General to give directions as to accounts.__4[(1)] The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such principles and methods as the Auditor-General may, with the approval of the President, prescribe.

4[(2) The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Auditor-General, who shall determine the extent and nature of such audit.]

  1. Reports of Auditor-General.The reports of the Auditor-General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before the5[both Houses of Majlis-e-Shoora (Parliament)] and the reports of the Auditor-General relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly.

1Subs. ibid., for certain words.

2Error identified by LOPC to be discussed by the panel.

3For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (P. O. No. 21 of 1973).

4Re-numbered (1) and new clause (2) added by the Act 10 of 2010, s. 63.

5Subs. ibid., s. 64, for ―National Assembly‖.

CHAPTER 3. – PROPERTY, CONTRACTS, LIABILITIES AND SUITS

  1. Ownerless property.__(1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government.

(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean1[beyond] the territorial waters of Pakistan shall vest in the Federal Government.

2[(3) Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters adjacent thereto shall vest jointly and equally in that Province and the Federal Government.]

  1. Power to acquire property and to make contracts, etc.__(1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.

(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government.

(3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.

(4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.

  1. Suits and proceedings.The Federation may sue or be sued by the name ofPakistan and a Province may sue or be sued by the name of the Province.

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.65, for ―within‖.

2Ins. ibid.

PART VII

THE JUDICATURE

CHAPTER 1. – THE COURTS

  1. Establishment and jurisdiction of courts.__(1) There shall be a Supreme Court of Pakistan, a High Court for each Province1[and a High Court for the Islamabad Capital Territory] and such other courts as may be established by law.

2[Explanation. — The word High Court‖ wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.]

(2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.

(3) The Judiciary shall be separated progressively from the Executive within 3[fourteen] years from the commencing day 4[:]—

Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No.6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.

Explanation: In this proviso, the expression ‘sect’ means a sect of religion and does not include any religious or political Party regulated under the Political Parties Order, 2002.

5[175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court.__ (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the Commission shall consist of,—

1Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.66.

2Explanation added ibid.

3Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “five”.

4Sub , Ins by Act 1 of 2015 S.2 (w.e.f 7/1/2015 valid upto 2 years)

5New Article 175A ins. by Act 10 of 2010, s. 67.

 (i) Chief Justice of Pakistan; Chairman
(ii) 1[four] most senior Judges of the Supreme Court; Members
(iii) a former Chief Justice or a former Judge nominated by the Chief Justice of Pakistan, in consultation with the2[four] member Judges, for a term of two years; Member
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; and a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Member
(vi) Bar Council for a term of two years Member

(3) Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.

(4) The Commission may make rules regulating its procedure.

(5) For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:—

(i) Chief Justice of the High Court to which the appointment is being made; Member
(ii) the most senior Judge of that High Court; Member
(iii) Provincial Minister for Law; and Member
2[(iv) an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for a term of two years: Member

1Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4 for “two”.

2Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4.

Provided that for appointment of the Chief Justice of a High Court, the most senior Judge mentioned in paragraph (ii) shall not be member of the Commission:—

Provided further that if for any reason the Chief Justice of High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause (2).];

(6) For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:—

(i) Chief Justice of the Islamabad High Court; Member and

(ii) the most senior Judge of that High Court: Member

Provided that for initial appointment of the 1[Chief Justice and the] Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:—

Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.

(7) For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:—

Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.

(8) The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be;

(9) The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely:—

(i) four members from the Senate; and

(ii) four members from the National Assembly:—

1[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the provisions of this Article shall,mutatis mutandis, apply.]

1Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s.4.

(10) Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.

(11) Secretary, Senate shall act as the Secretary of the Committee.

(12) The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed:

1[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership within the said period:]; and

2[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to the Commission through the Prime Minister:—

Provided further that if a nomination is not confirmed, the Commission shall send another nomination.]

1[(13) The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment.]

(14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.

2[(15) The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.

(16) The provisions of Article 68 shall not apply to the proceedings of the Committee.]

2[(17)] The Committee may make rules for regulating its procedure.”

CHAPTER 2. – THE SUPREME COURT OF PAKISTAN

  1. Constitution of Supreme Court.The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of3[Majlis-e-Shoora (Parliament)] or, until so determined, as may be fixed by the President.
  2. Appointment of Supreme Court Judges.__4[(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175A.].

1Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4.

2Inserted and re-numbered by Act 1 of 2011 s. 4.

3Error identified by LOPC to be discussed by the panel.

4Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.68, for ―clause (1)‖.

(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and,—

(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or

(b) has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).

  1. Oath of Office.Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.

1[179. Retiring age. A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.].

  1. Acting Chief Justice.At any time when,—

(a) the office of Chief Justice of Pakistan is vacant; or

(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint 2[the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.

  1. Acting Judges.- (1) At any time when,—

(a) the office of a Judge of the Supreme Court is vacant; or

(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause,

1Article 179 subs. by the Constitution (Seventeenth Arndt.) Act, 2003 (3 of 2003), s.6. which was previously amended by various enactments (see also Article 267B).

2Subs. by P. O. No. 14 of 1985. Art. 2 and Sch., for certain words.

the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.

1[Explanation.—In this clause, Judge of a High Court‘ includes a person who has retired as a Judge of a High Court.]

(2) An appointment under this Article shall continue in force until it is revoked by the President.

182 Appointment of ad-hoc Judges. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan 2[, in Consultation with the Judicial Commission as provided in clause (2) of Article 175A,] may, in writing,—

(a) with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or

(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a judge of the Supreme Court,

to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.

  1. Seat of the Supreme Court.__(1) The permanent seat of the Supreme Court shall, subject to clause (3), be atIslamabad.

(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.

(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may 3appoint.

1Explanation added by the Constitution (Amdt.) Order, 1982 (P. O. No. 2 of 1982), Art. 2.

2Inserted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 5.

3For appointment of Rawalpindi as the seat of the Supreme Court, see Gaz. of Pak., 1974, Pt. 11, p. 1387.

  1. Original Jurisdiction of Supreme Court.__(1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.

Explanation.—In this clause, “Governments” means the Federal Government and the Provincial Governments.

(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgements only.

(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

  1. Appellate jurisdiction of Supreme Court.__(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court.

(2) An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court,—

(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or

(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or

(d) if the amount or value of the subject-matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of1[Majlis-e- Shoora (Parliament)] and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

1Error identified by LOPC to be discussed by the panel.

(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(f) if the High Court certifies that the case involves a sub- stantial question of law as to the interpretation of the Constitution.

(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.

  1. Advisory Jurisdiction.__(1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.

(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

1[186A. Power of Supreme Court to transfer cases. The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]

  1. Issue and execution of processes of Supreme Court.__(1)2[Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

1New Art. 186A ins. by P. O. No 14 of 1985, Art. 2 and Sch.,

2Subs. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 7, for “The” (w.e.f. the 13th September, 1976).

(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.

(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.

  1. Review of Judgments or Orders by the Supreme Court.The Supreme Court shall have power, subject to the provisions of any Act of 1[Majlis-e-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
  2. Decisions of Supreme Court binding on other Courts.Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts inPakistan.
  3. Action in aid of Supreme Court.All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
  4. Rules of Procedure.Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.
  5. Constitution of High Court.__(1) A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.

2[(2) The Sindh and Balochistan High Court shall cease to function as a common High Court for the Provinces of Balochistan and Sindh.

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

(4) The jurisdiction of a High Court may, by Act of 1[Majlis-e-Shoora (Parliament)], be extended to any area in Pakistan not forming part of a Province.

1Error identified by LOPC to be discussed by the panel.

2Subs. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 8, for the “original clauses (2) to (4)”

3For such Order, in respect of establishment of High Courts for Baluchistan and Sind, see the P O. No. 6 of 1976, dated the 29th November, 1976, see Gaz. of Pak. 1976, Ext., Pt. 1, pp.595—599.

  1. Appointment of High Court Judges.___1[(1) The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Article 175A.]

(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than2[forty-five] years of age, and,—

(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or

(b) he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or

(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.

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

(3) In this Article, “District Judge” means Judge of a principal civil court of original jurisdiction.

  1. Oath of Office.Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule4[:]—

5[Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.]

6[195. Retiring Age. A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.

  1. Acting Chief Justice.At any time when,—

(a) the office of Chief Justice of a High Court is vacant, or

(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause,

1Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.69, for ―clause (1).

2Subs. ibid. for ―forty and shall be deemed always to have been so, subs. with effect from 21st day of August,

2002.

3Explanation added by the Constitution (First Arndt.) Act, 1974 (33 of 1974), s. 8, (w.e.f. the 4th May, 1974).

4Subs. by Act No. 10 of 2010, s. 70, for the full-stop.

5New proviso added ibid.

6Article 195 subs. by the Constitution (Seventeenth Amdt.) Act, 2003 (3 of 2003), s.7 which was previously amended by various enactments (see also Article 267B).

(c) the President shall appoint 1[one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court, to act as Chief Justice.

197.­ Additional Judges. At any time when,—

(a) the office of a Judge of a High Court is vacant; or

(b) a Judge of a High Court is absent or is unable to perform the functions of his office due to any other cause; or

(c) for any reason it is necessary to increase the number of Judg