| Serial No. |
Number of Article or Chapter, etc |
Amendments made |
1. |
1. |
In this Article, and in the succeeding
provisions of the Constitution, for the word "Parliament" wherever occurring, the words and brackets "Majlis-e-Shoora
(Parliament)" shall be substituted.
|
| 2. |
Part-I. |
After Article 2, the following new Article
shall be inserted, namely: ---
- "2A
- The Objectives Resolution to form part of substantive provisions.
The principles and provisions set out in the Objectives Resolution
reproduced in the Annex are hereby made substantive part of the
Constitution and shall have effect accordingly,".
|
| 3. |
5. |
In clause (2), for the word "basic" the word
"inviolable" shall be substituted. |
| 4. |
27. |
In clause (1), in the first proviso, for the
word "ten" the word "twenty" shall be substituted. |
| 5. |
31. |
In clause (2), in paragraph (c), after the
word and comma "Zakat", the word and comma "ushr" shall be inserted. |
| 6. |
41. |
- 1.
- For clause (3) the following shall be substituted, namely:---
- "(3)
- The President to be elected after the expiration of the term
specified in clause (7) shall be elected in accordance with the
provisions of the Second Schedule by the members of an electoral college
consisting of---
- (a)
- the members of both Houses; and
- (b)
- the members of the Provincial Assemblies,".
- 2.
- After clause (6), the following new clause shall be inserted, namely:--
- "(7)
- Notwithstanding anything contained in this Article or Article 43 or
any other Article of the Constitution or any other law, General Muhammad
Zia-ul-Haq, in consequence of the result of the referendum held on the
nineteenth day of December, 1984, shall become the President of Pakistan
on the day of the first meeting of Majlis-e-Shoora (Parliament)
in joint sitting summoned after the elections to the Houses of
Majlis-e-Shoora (Parliament) and shall hold office for a term of five
years from that day, and Article 44 and other provisions of the
Constitution shall apply accordingly."
|
| 7. |
46. |
For this Article the following shall be substituted, namely:---
- "46.
- Duties of Prime Minister in relation to President.
It shall be the duty of the Prime Minister--
- (a)
- to communicate to the President all decisions of the Cabinet
relating to the administration of the affairs of the Federation and
proposals for legislation;
- (b)
- to furnish such information relating to the administration of the
affairs of the Federation and proposals for legislation as the President
may call for; and
- (c)
- If the President so requires, to submit for the consideration of the
Cabinet any matter on which a decision has been taken by the Prime
Minister or a Minister but which has not been considered by the
Cabinet."
|
| 8. |
47. |
- 1.
- In the marginal heading, after the word "Removal", the words " or impeachment" shall be inserted.
- 2.
-
For clauses (1) and (2) the following shall be substituted, namely:---
- "(1)
- Notwithstanding anything contained in the Constitution, the
President may, in accordance with the provisions of this Article, be
removed from office on the ground of physical or mental incapacity or
impeached on a charge of violating the Constitution or gross misconduct.
- (2)
- Not less than one half of the total membership of either House may
give to the Speaker of the National Assembly or, as the case may be, the
Chairman written notice of its intention to move a resolution for the
removal of, or, as the case may be, to impeach, the President; and such
notice shall set out the particulars of his incapacity or of the charge
against him.".
|
| 9. |
48. |
For this Article the following shall be substituted, namely: --
- "48.
- President to act on advice, etc.
- (1)
- In the exercise of his
functions, the President shall act in accordance with the advice of the
Cabinet, the Prime Minister, or appropriate Minister:
Provided that the President may require the Cabinet to reconsider or
consider such advice, as the case may be, either generally, or
otherwise, and the President shall act in accordance with the advice
tendered after such reconsideration or consideration.
- (2)
- Notwithstanding anything contained in clause (l), the President
shall act in his discretion in respect of any matter in respect of which
he is empowered by the Constitution to do so.
- (3)
- If any question arises whether any matter is or is not a matter in
respect of which the President is by the Constitution empowered to act
in his discretion, the decision of the President in his discretion shall
be final, and the validity of anything done by the President shall not
be called in question on the ground that he ought or ought not to have
acted in his discretion.
- (4)
- The question whether any, and if so what, advice was tendered to the
President by the Cabinet, the Prime Minister, a Minister or Minister of
State shall not be inquired into in, or by, any Court, tribunal or other
authority.
- (5)
-
Where the President dissolves the National Assembly, he shall, in
his discretion,--
- (a)
- appoint a date, not later than one hundred days from the date of the
dissolution, for the holding of a general election to the Assembly; and
- (b)
- appoint a caretaker Cabinet.
- (6)
- If, at any time, the President, in his discretion, or on the advice
of the Prime Minister, considers that it is desirable that any matter of
national importance should be referred to a referendum, the President
may cause the matter to be referred to a referendum in the form of a
question that is capable of being answered either by "Yes" or "No".
- (7)
- An Act of Majlis-e-Shoora (Parliament) may lay down the procedure
for the holding of a referendum and the compiling and consolidation of
the result of a referendum."
|
| 10. |
50. |
For this Article the following shall be substituted, namely: --
- "50.
- Majlis-e-Shoora (Parliament).
There shall be a Majlis-e-Shoora
(Parliament) of Pakistan consisting of the President and two Houses to
be known respectively as the National Assembly and the Senate."
|
| 11. |
51. |
- 1.
-
In clause (1), for the words "two hundred" the words "two hundred and seven
Muslim" shall be substituted.
- 2.
- In clause (2), --
- (a)
- in paragraph (b), for the word " eighteen" the word "twenty-one"
shall be substituted;
- (b)
- in paragraph (d), for the colon at the end a full-stop shall be
substituted; and
- (c)
- the proviso shall be omitted.
- 3.
- For clause (2A) the following shall be substituted, namely:--
- "(2A)
- In addition to the number of seats referred to in clause (1),
there shall be in the National Assembly ten additional seats reserved as
follows for the persons referred to in clause (3) of Article 106.
| Christians. |
4 |
| Hindus and persons belonging to the scheduled casts. |
4 |
| Sikh, Buddhist and Parsi communities and other non-Muslims. |
1 |
| Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis) |
1 |
- 4.
- In clause (4), for the words "ten seats" the words "twenty seats" shall be substituted.
- 5.
- For clauses (4A) and (5) the following shall be substituted, namely: --
- "(4A)
- The members to fill the seats referred to in clause (2A) shall be
elected, simultaneously with the members to fill the seats referred to
in clause (1), on the basis of separate electorates by direct and free
vote in accordance with law.
- (5)
- As soon as practicable after the general election to the National
Assembly, the members to fill seats reserved for women which are
allocated to a Province under clause (4) shall be elected in accordance
with law on the basis of the system of proportional representation by
means of a single transferable vote by the electoral college consisting
of the persons elected to the Assembly from that Province."
|
| 12. |
54. |
In clause (2), for the word "two" the
word "three", and for the word "thirty" the word "sixty", shall be substituted. |
| 13. |
56. |
This Article shall be re-numbered as clause (1) and after clause (1) re-numbered aforesaid, the following new clause shall be added, namely: -
- "(2)
- The President may send messages to either House, whether with
respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or
otherwise, and a House to which any massage is so sent shall with all
convenient dispatch consider any matter required by the massage to be
taken into consideration.
- (3)
- At the commencement of each session of the Majlis-e-Shoora (Parliament),
the President shall address both Houses assembled
together and inform the Majlis-e-Shoora (Parliament) of the causes of
its summons.
- (4)
- Provisions shall be made in the clauses for regulating the procedure
of a house and the conduct of its business for the allotment of time for
discussion of the matters referred to in the address of the President."
|
| 14. |
58. |
- 1.
- This Article shall be re-numbered as clause (1) and, in clause (1) re-numbered as aforesaid, in the Explanation, the words, brackets and figures "or a
Federal Minister performing the functions of Prime Minister under clause
(1) or clause (3) of Article 95" shall be omitted.
- 2.
- After clause (1), re-numbered and amended as aforesaid, the
following new clause shall be added, namely: ---
- "(2)
- The President may also dissolve the National Assembly in his
discretion where, in his opinion, An appeal to the electorate is
necessary.".
|
| 15. |
59. |
- 1.
- In clause (1): --
- (a)
- for the word "sixty-three" the word "eighty-seven" shall be substituted;
- (b)
- In paragraph (b):--
- (i)
- for the word "five" the word "eight" shall be substituted; and
- (ii)
- the word "and" at the end shall be omitted;
- (c)
- in paragraph (c):-
- (i)
- for the word "two" the word "three" shall be substituted; and
- (ii)
- for the full stop at the end the semicolon and word "and " shall be
substituted; and
- (d)
- after paragraph (c), amended as aforesaid, the following new
paragraph shall be added, namely:-
- "(d)
- five shall be elected by the members of each Provincial Assembly to
represent Ulema, technocrats and other professionals.".
- 2.
- For clause (3) the following shall be substituted, namely: -
- "(3)
- The Senate shall not be subject to dissolution but the term of its
members, who shall retire as follows, shall be six years:--
- (a)
- of the members referred to in paragraphs (a) and (d) of clause (1),
six shall retire after the expiration of the first two years, six shall
retire after the expiration of the next two years and seven shall retire
after the expiration of the next two years;
- (b)
- of the members referred to in paragraph (b), two shall retire after
the expiration of the first two years and three shall retire after the
expiration of every two years thereafter; and
- (c)
- of the members referred to in paragraph (c), one shall retire after
the expiration of every two years:
Provided that the term of office of a person elected or chosen to fill a
casual vacancy shall be the un-expired term of the member whose vacancy
he has filled.".
- 3.
- After clause (3), substituted as aforesaid, the following new clause
shall be added, namely:-
- "(4)
- A casual vacancy in the office of a member referred to in paragraph
(d) of clause (1) shall be filled for the remainder of the term of such
member by the members of the Provincial Assembly by whom such member had
been elected electing another person under the said paragraph.".
|
| 16. |
62 and 63. |
For these Articles the following shall be substituted, namely:--
- "62.
- Qualifications for membership of Majlis-e-Shoora (Parliament).
A person shall not be qualified to be elected or chosen as a member of
Majlis-e-Shoora (Parliament) unless--
- (a)
- he is a citizen of Pakistan;
- (b)
- he is, in the case of National Assembly, not less than
twenty-five years of age and is enrolled as a voter in any electoral
roll for election to a Muslim seat or a non-Muslim seat, as the case may
be, in that Assembly;
- (c)
- he is, in the case of Senate, not less than thirty years of age
and is enrolled as a voter in any area in a Province or, as the case may
be, the Federal Capital or the Federally Administered Tribal Areas,
from where he seeks membership;
- (d)
- he is of good character and is not commonly known as one who
violates Islamic Injunctions;
- (e)
- he has adequate knowledge of Islamic teachings and practices
obligatory duties prescribed by Islam as well as abstains from major
sins;
- (f)
- he is sagacious, righteous and non-profligate and honest and
ameen;
- (g)
- he has not been convicted for crime involving moral turpitude or
for giving false evidence;
- (h)
- he has not, after the establishment of Pakistan, work against
the integrity of the country or opposed the ideology of Pakistan;
Provided that the disqualifications specified in paragraphs (d) and (e)
shall not apply to a person who is a non-Muslim, but such a person shall have
good moral reputation; and
- (i)
- he possesses such other qualifications as may be prescribed by
Act of Majlis-e-Shoora (Parliament).
- "63.
- Disqualifications for membership of Majlis-e-Shoora (Parliament).
- (1)
- A person shall be disqualified from being elected or chosen as, and
from being a member of the Majlis-e-Shoora (Parliament), if --
- (a)
- he is of unsound mind and has been so declared by a competent Court;
or
- (b)
- he is an un-discharged insolvent; or
- (c)
- he ceases to be a citizen of Pakistan, or acquires the citizenship
of a foreign State; or
- (d)
- he holds an office of profit in the service of Pakistan other than
an office declared by law not to disqualify its holder; or
- (e)
- he is in the service of any statutory body or any body which is
owned or controlled by the Government or in which the Government has a
controlling share or interest; or
- (f)
- being a citizen of Pakistan by virtue of section 14B of the Pakistan
Citizenship Act, 1951 (II of 1951), he is for the time being
disqualified under any law in force in Azad Jammu and Kashmir from being
elected as a member of the Legislative Assembly of Azad Jammu and
Kashmir; or
- (g)
- he is propagating any opinion, or acting in any manner, prejudicial
to the ideology of Pakistan, or the sovereignty, integrity or security
of Pakistan, or morality, or the maintenance of public order, or the
integrity or independence of the judiciary of Pakistan, or which defames
or brings into ridicule the judiciary or the Armed Forces of Pakistan;
or
- (h)
- he has been, on conviction for any offence which in the opinion of
the Chief Election Commissioner involves moral turpitude, sentenced to
imprisonment for a term of not less than two years, unless a period of
five years has elapsed since his release; or
- (i)
- he has been dismissed from the service of Pakistan on the ground of
misconduct, unless a period of five years has elapsed since his
dismissal; or
- (j)
- he has been removed or compulsorily retired from the service of
Pakistan on the ground of misconduct unless a period of three years has
elapsed since his removal or compulsory retirement; or
- (k)
- he has been in the service of Pakistan or of any statutory body or
any body which is owned or controlled by the Government or in which the
Government has controlling share or interest, unless a period of two
years has elapsed since he ceased to be in such service; or
- (l)
- he is found guilty of a corrupt or illegal practice under any law
for the time being in force, unless a period of five years has elapsed
from the date on which that order takes effect ; or
- (m)
- he has been convicted under section 7 of the Political Parties Act,
1962 (III of 1962), unless a period of five years has elapsed from the
date of such conviction; or
- (n)
- he, whether by himself or by any person or body of persons in trust
for him or for his benefit or on his account or as a member of a Hindu
undivided family, has any share or interest in a contract, not being a
contract between a cooperative society and Government, for the supply of
goods to, or for the execution of any contract or for the performance of
any service under taken 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;
or
- Explanation.
- In this Article "goods" does not include agricultural
produce or commodity grown or produced by him or such goods as he is,
under any directive of Government or any law for the time being in
force, under a duty or obligation to supply;
- (o)
- 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, if
liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
- (p)
- he is for the time being disqualified 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.
- (2)
- If any question arises whether a member of the Majlis-e-Shoora
(Parliament) has become disqualified from being a member, the Speaker
or, as the case may be, the Chairman shall refer the question to the
Chief Election Commissioner and, if the Chief Election Commissioner is
of the opinion that the member has become disqualified, he shall cease
to be a member and his seat shall become vacant.".
|
| 17. |
70 & 71. |
For these Articles the following shall be substituted,
namely:--
- "70.
-
Introduction and passing of Bills.
- (1)
- A Bill with respect to any
matter in the Federal Legislative List or in the Concurrent Legislative
List may originate in either House and shall, if it is passed by the
House in which it originated, be transmitted to the other House; and, if
the Bill is passed without amendment, by the other House also, it shall
be presented to the President for assent.
- (2)
- If a Bill transmitted to a House under clause (1) is rejected or is
not passed within ninety days of its receipt or is passed with
amendment, the Bill, at the request of the House in which it originated,
shall be considered in a joint sitting.
- (3)
- If a request is made under clause (2), the President shall summon a
joint sitting; and, if the Bill is passed in the joint sitting with or
without amendment, by the votes of the majority of the total membership
of the two Houses, it shall be presented to the President for assent.
- (4)
- In this Article and the succeeding provisions of the Constitution,
"Federal Legislative List" and "Concurrent Legislative List" mean
respectively the Federal Legislative List and the Concurrent Legislative
List in the Fourth Schedule".
|
| 18. |
73. |
In clause (1), the words and figure "or Article 71" shall be omitted. |
| 19. |
75. |
For this Article the following shall be substituted, namely :--
- "75.
-
President's assent to Bills.
- (1)
- When a Bill is presented to the
President for assent, the President shall, within forty-five days,--
- (a)
- assent to the Bill; or
- (b)
- in the case of a Bill other than a Money Bill, return the Bill to
the Majlis-e-Shoora (Parliament) with a message requesting that the
Bill, or any specified provision thereof, be reconsidered and that any
amendment specified in the message be considered.
- (2)
- When the President has returned a Bill to the Majlis-e-Shoora
(Parliament), it shall be reconsidered by the Majlis-e-Shoora
(Parliament) in joint sitting and, If it is again passed, with or
without amendment, by the Majlis-e-Shoora (Parliament), by the votes of
the majority of the total membership of the two Houses, it shall be
again presented to the President and the President shall assent thereto.
- (3)
- When the President has assented to a Bill, it shall become law and
be called an Act of Majlis-e-Shoora (Parliament).
- (4)
- No Act of Majlis-e-Shoora (Parliament), and no provision in any such
Act, shall be invalid by reason only that some recommendation, previous
sanction or consent required by the Constitution was not given if that
Act was assented to in accordance with the Constitution.
|
| 20. |
90, 91, 92, 93, 94, 95 and 96 |
For these Articles the following shall be substituted, namely: -
- "90.
-
Exercise of executive authority of the Federation.
The executive
authority of the Federation shall vest in the President and shall be
exercised by him, either directly or through officers subordinate to
him, in accordance with the Constitution.
- 91.
- The Cabinet.
- (1)
- There shall be a Cabinet of Ministers, with the
Prime Minister at its head to aid and advise the President in the
exercise of his functions.
- (2)
- The President shall in his discretion appoint from amongst the
members of the National Assembly a Prime Minister who, in his opinion,
is most likely to command the confidence of the majority of the members
of the National Assembly.
- (3)
- The person appointed under clause (2) shall, before entering upon
the office make before the President oath in the form set out in the
Third Schedule and shall within a period of sixty days thereof obtain a
vote of confidence from the National Assembly.
- (4)
- The Cabinet, together with the Ministers of State, shall be
collectively responsible to the National Assembly.
- (5)
- The Prime Minister shall hold office during the pleasure of the
President, but the President shall not exercise his powers under this
clause unless he is satisfied that the Prime Minister does not command
the confidence of the majority of the members of the National Assembly.
- (6)
- The Prime Minister may, by writing under his hand addressed to the
President, resign his office.
- (7)
- A Minister who for any period of six consecutive months is not a
member of the National Assembly shall, at the expiration of that
period, cease to be a Minister and shall not before the dissolution of
that Assembly be again appointed a Minister unless he is elected a
member of that Assembly:
Provided that nothing contained in this clause shall apply
to a Minister who is a member of the Senate.
- (8)
- Nothing contained in this Article shall be construed as
disqualifying the Prime Minister or any other Minister or a Minister of
State for continuing in office during any period during which the
National Assembly stands dissolved, or as preventing the appointment of
any person as Prime Minister or other Minister or as Minister of State
during any such period.
- 92.
-
Federal Ministers and Ministers of State.
- (1)
- Subject to clauses (7)
and (8) of Article 91, the President shall appoint Federal Ministers and
Ministers of State from amongst the members of Majlis-e-Shoora
(Parliament) on the advice of the Prime Minister:
Provided that the number of Federal Ministers and
Ministers of State who are members of the Senate shall not at any time
exceed one-fourth of the number of Federal Ministers.
- (2)
- Before entering upon office, a Federal Minister or Minister of State
shall make before the President oath in the form set out in the Third
Schedule.
- (3)
- A Federal Minister or Minister of State may, by writing under his
hand addressed to the President resign his office or may be removed from
office by the President on the advice of the Prime Minister.
- 93.
- Advisers.
- (1)
- The President may, on the advice of the Prime
Minister, appoint not more than five Advisors, on such terms and
conditions as he may determine.
- (2)
- The provisions of Article 57 shall also apply to an Advisor.
- 94.
Prime Minster continuing in office.
- The President may ask the Prime
Minister to continue to hold office until his successor enters upon the
office of Prime Minister.
- 95.
- Vote of no confidence against Prime Minister.
- (1)
- A resolution for a vote of no confidence moved by not less than twenty
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 in moved in the National Assembly.
- (3)
- A resolution referred to in clause (1) shall not be moved in the
National Assembly while the Assembly is considering demands for grants
submitted to it in the Annual Budget Statement.
- (4)
- If the resolution referred to in clause (1) is passed by a majority
of the total membership of the National Assembly, the Prime Minister
shall cease to hold office.".
|
| 21. |
99. |
For this Article the following shall be substituted, namely: -
- "99.
- Conduct of business of Federal Government.
- (1)
- All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
- (2)
- The President shall by rules specify the manner in which orders and
other instruments made and executed in his name shall be authenticated,
and the validity of any order or instrument so authenticated shall not
be questioned in any Court on the ground that it was not made or
executed by President.
- (3)
- The President shall also make rules for the allocation and
transaction of the Federal Government.".
|
| 22. |
101. |
- 1.
- In clause (1), after the words "President" at the end, the words "in his discretion" shall be added.
- 2.
- After clause (4), the following new clause shall be added, namely: --
- "(5)
- The President may make such provision as he thinks fit for the
discharge of the functions of Governor.".
|
| 23. |
105. |
For this Article the following shall be
substituted, namely:-
- "105.
- Governor to act on advice, etc.
- (1)
- Subject to Constitution, in the performance of his functions,
Governor shall act in accordance with the advice of the Cabinet, Chief
Minister or appropriate Minister".
Provided that the Governor may require the cabinet to reconsider such
advice, whether generally or otherwise, and the governor shall act in
accordance with the advice tendered after such reconsideration;
Provided further that, in respect of the following matters, the Governor
shall, subject to the previous approval of the President, act in his
discretion, namely:--
- (a)
- appointment of the Chief Minister;
- (b)
- dismissal of Cabinet which has lost the confidence of the Provincial
Assembly; and
- (c)
- dissolution of the Provincial Assembly, when an appeal to the
electorate is necessary.
- (2)
- The question whether any, and if so what, advice was tendered to the
Governor by the Chief Minister, the Cabinet or a Minister shall not be
enquired into in, or by, any Court, tribunal or other authority.
- (3)
- Where the Governor dissolves the Provincial Assembly, he shall
appoint, in his discretion, but with the previous approval of the
President, a caretaker Cabinet.
- (4)
- The powers conferred by this Article on the President shall be
exercised by him in his discretion.
- (5)
- The provision of clause (3) of Article 48 shall have effect in
relation to a Governor as if reference therein to "President" were
reference to "Governor".
|
| 24. |
106. |
- 1.
- In clause (2),--
- (a)
- in paragraph (b), for the word
"eighteen" the word "twenty-one" shall be substituted;
- (b)
- in paragraph (d), for the colon at the end a full-stop shall be
substituted; and
- (c)
- the proviso shall be omitted.
- 2.
- For clause (3) the following shall be substituted, namely:-
- "(3)
- In addition to the seats in the Provincial Assemblies for the
Provinces of Baluchistan, the Punjab, the North-West Frontier and Sind
specified in clause (1), there shall be in those Assemblies the number
of seats hereinafter specified for non-Muslims--
| Province
| Christians |
Hindus and Persons belonging to the Scheduled Castes |
Sikh, Buddhist and Parsi Communities and other non-Muslims |
Persons Belonging to the Qadiani group or the Lahori group (who call themselves Ahmadis) |
| Baluchistan |
1 |
1 |
1 |
-- |
| The North-West Frontier Province |
1 |
-- |
1 |
1 |
| The Punjab |
5 |
1 |
1 |
1 |
| Sind |
2 |
5 |
1 |
1 |
Explanation. Where no independent seat is allocated to a minority in a
Province for being very small in number, the seat allocated jointly to
all other non-Muslims in that Province shall be deemed to include that
minority."
- 3.
- For clause (5) the following shall be substituted, namely:-
- "(5)
- The members to fill the seats referred to in clause (3) shall be
elected, simultaneously with the members to fill the seats referred to
in clause (1), on the basis of separate electorates by direct and free
vote in accordance with law.
- (6)
- As soon as practicable after the general election to a Provincial
Assembly, the members to fill seats in that Assembly reserved for women
shall be elected in accordance with law on the basis of the system of
proportionate representation by means of a single transferable vote by
the electoral college consisting of the persons elected to that
Assembly."
|
| 25. |
113. |
For this Article the following shall be substituted, namely:-
- "113.
- Qualifications and disqualifications membership of Provincial
Assembly.
The qualifications and disqualifications for membership of the
National Assembly set out in Articles 62 and 63 shall also apply for
membership of a Provincial Assembly as if reference therein to "National
Assembly" were a reference to "Provincial Assembly.".
|
| 26. |
116. |
For this Article the following shall be
substituted, namely:-
- "116.
- Governor's assent to Bills.
- (1)
- When a Bill has been passed by the
Provincial Assembly, it shall be presented to the Governor for assent.
- (2)
- When a Bill is presented to the Governor for assent, the Governor
shall, within forty-five days,-
- (a)
- assent to the Bill; or
- (b)
- in the case of a Bill other than a Money Bill, return the Bill to
the Provincial Assembly with a message requesting that the Bill, or any
specified provision thereof, be reconsidered and that any amendment
specified in the message be considered.
- (3)
- When the Governor has returned a Bill to the Provincial Assembly, if
it is again passed, with or without amendment, by the Provincial
Assembly, by the votes of the minority of the total membership of the
Provincial Assembly, it shall be again presented to the Governor and the
Governor shall assent thereto.
- (4)
- When the Governor has assented to a Bill it shall become law and be
called an Act of Provincial Assembly.
- (5)
- No Act of a Provincial Assembly, and no provision in any such Act,
shall be invalid by reason only that some recommendation, previous
sanction or consent required by the Constitution was not given if that
Act was assented to in accordance with the
Constitution.".
|
| 27. |
129, 130 and 131. |
For these Articles the following shall be substituted, namely :--
- "129.
- Exercise of executive authority of the Province.
The executive authority of the Province shall vest in the Governor and
shall be exercised by him either directly or through officers
subordinate to him, in accordance with the Constitution.
- 130.
- The Cabinet.
- (1)
- There shall be a Cabinet of Ministers, with the
Chief Minister as its head, to aid and advice the Governor in the
exercises of his functions.
- (2)
- The Governor shall appoint from amongst the members of the
Provincial Assembly, a Chief Minister who, in his opinion is likely to
command the confidence of the majority of the members of the Provincial
Assembly.
- (3)
- The person appointed under clause (2) shall, before entering upon
office, make before the Governor oath in the form set out in the Third
Schedule and shall within a period of sixty days thereof obtain a vote
of confidence from the Provincial Assembly.
- (4)
- The Cabinet shall be collectively responsible to the Provincial
Assembly.
- (5)
- The Chief Minister shall hold office during the pleasure of the
Governor, but the Governor shall not exercise his powers under this
clause unless he is satisfied that the Chief Minister does not command
the confidence of the majority of the members of the Provincial
Assembly.
- (6)
- The Chief Minister may, by writing under his hand addressed to the
Governor, resign his office.
- (7)
- A Minister who for any period of six consecutive months is not a
member of the Provincial Assembly shall, at the expiration of that
period, cease to be a Minister, and shall not before the dissolution of
that Assembly be again appointed a Minister unless he is elected a
member of that Assembly.
- (8)
- Nothing contained in this Article shall be construed as
disqualifying the Chief Minister or any other Minister for continuing in
office during any period during which the Provincial Assembly stands
dissolved, or as preventing the appointment of any person as Chief
Minister or other Minister during any such period.
- 131.
- Duties of Chief Minister in relation to Governor.
It shall be the duty of the Chief Minister--
- (a)
- to communicate to the Governor all decisions of the Cabinet relating
to the administration of the affairs of the Province and proposals for
legislation;
- (b)
- to furnish such information relating to the administration of the
affairs of the Province and proposals for legislation as the Governor
may call for; and
- (c)
- If the Governor so requires, to submit for consideration of the
Cabinet any matter on which a decision has been taken by the Chief
Minister or a Minister but which has not been considered by the
Cabinet.".
|
| 28. |
132 & 133 |
For these Articles the following shall be substituted, namely: -
- "132.
- Provincial Ministers.
- (1)
- Subject to clauses (7) and (8) of
Article 130, the Governor shall appoint Provincial Ministers from
amongst members of the Provincial Assembly on the advice of the Chief
Minister.
- (2)
- Before entering upon office a Provincial Minister shall make before
the Governor oath in the form set out in the Third Schedule.
- (3)
- A Provincial Minister may, by writing under his hand addressed to
the Governor, resign his office or may be removed from office by the
Governor on the advice of the Chief Minister.
- 133.
- Chief Minister continuing in office.
The Governor may ask the Chief
Minister to continue to hold office until his successor enters upon the
office of Chief Minister.".
|
| 29. |
134 & 135 |
These Articles shall be omitted. |
| 30. |
136. |
For these Articles the following shall be substituted, namely: -
- "136.
-
Vote of no-confidence against Chief Minister.
- (1)
- A resolution for
a vote of no confidence moved by not less than twenty per centum of the
total membership of the Provincial Assembly may be passed against the
Chief Minister by the Provincial Assembly.
- (2)
- A resolution referred to in clause (1) shall not be voted upon
before the expiration of three days, or later than seven days, from the
day on which such resolution is moved in the Provincial Assembly.
- (3)
- If the resolution referred to in clause (1) is passed by a majority
of the total membership of the Provincial Assembly, the Chief Minister
shall cease to hold office.".
|
| 31. |
139. |
For this Article the following shall be substituted, namely:-
- "139.
- Conduct of business of Provincial Government.
- (1)
- All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.
- (2)
- The Governor shall by
rules specify the manner in which orders and other instruments made and
executed in his name shall be authenticated, and the validity of any
order or instrument so authenticated shall not be questioned in any
Court on the ground that it was not made or executed by the Governor.
- (3)
- The Governor shall also make rules for the allocation and
transaction of the business of the Provincial Government.".
|
| 32. |
Chapter 3, Part V. |
In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted, namely:-
- "152-A
- National Security Council.
- (1)
- There shall be a National Security
Council to make recommendations relating to the issue of a Proclamation
of Emergency under Article 232, security of Pakistan and any other
matter of national importance that may be referred to it by the
President in consultation with the Prime Minister.
- (2)
- The National Security Council shall consist of the President, the
Prime Minister, the Chairman of the Senate, the Chairman Joint
Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the
Pakistan Navy and the Pakistan Air Force and the Chief Ministers of the
Provinces.".
|
| 33. |
175 |
In clause (3), for the word "five" the word "fourteen" shall be substituted. |
| 34. |
179. |
*Clauses (2), (3), (4), (5) and (6) shall be omitted.
*[Vide Explanation under Article 2 (1) of the Laws
(Continuance in Force) Order, 1977 (C.M.L.A. Order No.1 of 1977)]
|
| 35. |
180. |
For the words "one of the Judges of the
Supreme Court who have not previously held the
office of Chief Justice of Pakistan otherwise than under this Article"
the words "the most senior of the other Judges of the Supreme Court"
shall be substituted. |
| 36. |
Chapter 2, Part-VII |
After Article 186, the following new Article shall be inserted, namely:-
- "186-A
- Power of Supreme Court to transfer cases.
The Supreme Court may,
if it considers it expedient to do so in the interest of justice,
transfer any case, appeal or other proceedings pending before any High
Court to any other High Court.".
|
| 37. |
195. |
*Clauses (2), (3), (4), (5), and (6) shall be omitted. |
| 38. |
196. |
For the words "one of the Judges of the High
Court who have not previously held the office of
Chief Justice of the High Court otherwise than under this Article" the
words and commas "one of the other Judges of the High Court, or may
request one of the Judges of the Supreme Court," shall be substituted. |
| 39. |
198. |
This Article shall be re-numbered as clause (1) and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely:-
- "(2)
-
- Each High Court and the Judges and divisional Courts thereof shall
sit at its principal seat and the seats of its Benches and may hold, at
any place within its territorial jurisdiction, circuit Courts consisting
of such of the Judges as may be nominated by the Chief Justice.
- (3)
- The Lahore High Court shall have a Bench each at Bahawalpur, Multan
and Rawalpindi; the High Court of Sind shall have a Bench at Sukkur; the
Peshawar High Court shall have a Bench each at Abbottabad and Dera
Ismail Khan and the High Court of Baluchistan shall have a Bench at
Sibi.
- (4)
- Each of the High Courts may have Benches at such other places as the
Governor may determine on the advice of the Cabinet and in consultation
with the Chief Justice of the High Court.
- (5)
- A Bench referred to in clause (3), or established under clause (4),
shall consist of such of the Judges of the High Court as may be
nominated by the Chief Justice from time to time for a period of not
less than one year.
-
- (6)
- The Governor in consultation with the Chief Justice of the High
Court shall make rules to provide the following matters, that is to
say,--
- (a)
- assigning the area in relation to which each Bench shall exercise
jurisdiction vested in the High Court; and
- (b)
- for all incidental, supplemental or consequential matters.".
|
| 40. |
199. |
- 1.
- Clauses (3A), (3B) and (3C), as they stood immediately before the
fifth day of July, 1977, and clauses (3A), (3B) and (3C) as inserted
by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980),
shall be omitted.
- 2.
- In clause (4), in paragraph (b), after the words "public interest",
the word " or state property" shall be inserted.
- 3.
- In clause (4A),-
-
- After the word and comma "with,", the words "state property or"
shall be inserted; and
- (b)
- For the words "sixty days" the words "six months" shall be
substituted.
- 4.
- After clause (4A), amended as aforesaid, the following new clause
shall be inserted, namely:-
- "(4B)
- Every case in which, on an application under clause (1), the High
Court has made an interim order shall be disposed of by the High Court
on merits within six months from the day on which it is made, unless the
High Court is prevented from doing so for sufficient cause to be
recorded.".
|
| 41. |
200. |
- 1.
- In clause (1), in the proviso, for the
words "one year" the words "two years" shall be substituted.
- 2.
- For clause (2) the following shall be substituted, namely:--
- "(2)
- Where a Judge is so transferred or is appointed to an office other
than that of Judge at a place other than the principal seat of the High
Court, he shall, during the period for which he serves as a Judge of the
High Court to which he is transferred, or holds such other office, be
entitled to such allowances and privileges, in addition to his salary,
as the President may, by order, determine.".
- 3.
- In clause (3), the following Explanation shall be added at the
end, namely: -
"Explanation. In this Article, " High
Court" includes a bench of a High Court.".
|
| 42. |
203 B |
In paragraph (c), for the word "five" the word "ten" shall be substituted. |
| 43. |
203 C |
After clause (4A), the following new clauses
shall be inserted, namely: -
- "(4B)
- The President may, at any time, by order in writing, -
- (a)
- modify the term of appointment of a Judge;
- (b)
- assign to a Judge any other office; and
- (c)
- require a Judge to perform such other functions as the President may
deem fit; and pass such other order as he may consider appropriate.
Explanation.
In this clause and clause (4C), " Judge" includes Chief Justice.
- (4C)
- While he is performing the functions which he is required under
clause (4B) to perform, or holding any other office assigned to him
under that clause, a Judge shall be entitled to the same salary,
allowances and privileges as are admissible to the Chief Justice or,
as the case may be, Judge of the High Court."
|
| 44. |
204. |
For this Article the following shall be substituted, namely: -
- "204.
-
Contempt of Court.
- (1)
- In this article, "court" means the Supreme Court or High court.
- (2)
- A court shall have power to punish any person who -
- (a)
- abuses, interferes with or obstructs the process of the court in
any way or disobeys any order of the court;
- (b)
- scandalizes the court or otherwise does anything which tends to
bring the Court or a Judge of the Court in to hatred, ridicule or
contempt;
- (c)
- does anything which tends or prejudice the determination of a
matter pending before the Court; or
- (d)
- does any other thing which, by law, constitutes contempt of the
Court.
- (3)
- The exercise of the power conferred on as Court by this Article may
be regulated by law and, subject to law, by rules made by the Court.".
|
| 45. |
212 A. |
This Article shall stand omitted on such day as the President may appoint. |
| 46. |
213. |
In clause (1), after the word
"President" at the end, the words "in his discretion" shall be added. |
| 47. |
232. |
In clause (2), for paragraph (a) the following shall be substituted, namely:-
- "(a)
- Majlis-e-Shoora (Parliament) shall have power to make laws for a
Province, or any part thereof, with respect to any matter not enumerated
in the Federal Legislative List or the concurrent Legislative List;".
|
| 48. |
239. |
For this Article the following shall be substituted, namely:-
- "239.
- Constitution amendment Bill.
- (1)
- A Bill to amend the Constitution
may originate in either House and when the Bill has been passed by
the votes of not less than two-thirds of the total membership of the
House it shall be transmitted to the other House.
- (2)
- If the Bill is passed without amendment by the votes of not less
than two-thirds of the total member-ship of the House to which it is
transmitted under clause (1), it shall be transmitted to all the
Provincial Assemblies.
- (3)
- If the Bill is passed with amendment by the votes of not less than
two-thirds of the total membership of the House to which it is
transmitted under clause (1), it shall be reconsidered by the House in
which it had originated; and if the Bill as amended by the former House
is passed by the latter by the votes of not less than two-thirds of its
total membership it shall be transmitted to all the Provincial
Assemblies.
- (4)
- Subject to clause (5), if the Bill transmitted to the Provincial
Assemblies under clause (2) or clause (3) is passed by each such
Assembly by a majority of the total number of its members present and
voting, it shall be presented to the President for assent.
- (5)
- A Bill to amend the Constitution which would have the effect of
altering the limits of a Province shall not be presented to the
President for assent unless it has been passed by the Provincial
Assembly of that Province by the votes of not less than two-thirds of
its total membership.
- (6)
- No amendment of the Constitution shall be called in question in any
Court on any ground whatsoever.
- (7)
- For the removal of doubt, it is hereby declared that there is no
limitation whatever on the power of the Majlis-e-Shoora (Parliament) to
amend by way of addition, modification or repeal any of the provisions
of the Constitution.".
|
| 49. |
242. |
After clause (1), the following new clause shall be inserted, namely:-
- "(l A)
- The Chairman of the Public Service Commission constituted in
relation to the affairs of the Federation shall be appointed by the
President in his discretion.".
|
| 50. |
243. |
- 1.
- After clause (1), the following new clause shall be inserted, namely:-
- "(l A)
- Without prejudice to the generality of the foregoing provision,
the Supreme Command of the Armed Forces shall vest in the President.".
- 2.
- In clause (3), in paragraph (c), after the word "appoint", the words
and commas "in his discretion the Chairman, Joint Chiefs of Staff
Committee." shall be inserted.
|
| 51. |
255. |
In clause (1), for the words "be made in" the words "preferably be made in Urdu or" shall be substituted. |
| 52. |
Chapter 7, Part XII |
In Part XII, in Chapter 7, after Article 270, the
following new Articles shall be inserted, namely:-
- "270 A
- Validation of President's Orders etc.
- (1)
- The proclamation of the
fifth day of July, 1977, all President's Orders, Martial Law
Regulations, Martial Law Orders and all other laws made between the
fifth day of July, 1977, and the date on which this Article comes into
force, are hereby declared, notwithstanding any judgment of any Court,
to have been validly made by competent authority and, notwithstanding
anything contained in the Constitution, shall not be called in question
in any Court on any ground whatsoever.
- (2)
- All orders made, proceedings taken and acts done by any authority,
or by any person, which were made, taken or done, or purported to have
been made, taken or done, between the fifth day of July, 1977, and the
date on which this Article comes into force, in exercise of the powers
derived from any Proclamation, President's Orders, Martial Law
Regulations, Martial Law Orders, enactments, notifications rules, orders
or bye-laws, or in execution of or in compliance with any order made or
sentence passed by any authority in the exercise or purported exercise
of powers as aforesaid, shall, notwithstanding any judgment of any
Court, be deemed to be and always to have been validly made, taken or
done and shall not be called in question in any Court on any ground
whatsoever.
- (3)
- All President's Orders, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or bye-laws in force
immediately before the date on which this Article comes into force shall
continue in force until altered, repealed or amended by competent
authority.
- (4)
- No suit, prosecution or other legal proceedings shall lie in any
Court against any authority or any person, for or on account of or in
respect of any order made, proceedings taken or act done whether in the
exercise or purported exercise of the powers referred to in clause (2)
or in execution of or in compliance with orders made or sentences passed
in exercise or purported exercise of such powers.
- (5)
- For the purposes of clauses (1), (2) and (4), all orders made,
proceedings taken, acts done or purporting to be made, taken or done by
any authority or person shall be deemed to have been made, taken or done
in good faith and for the purpose intended to be served thereby.
- (6)
- Any of the President's Orders referred to in clause (1) may be
amended in the manner provided for amendment of the Constitution.
Explanation. In this Article, "President's Orders" includes "President
and Chief Martial Law Administrator's Orders", and Chief Martial Law
Administrator's Orders.".
- 270B.
- Election to be deemed to be held under Constitution.
Notwithstanding anything contained in the Constitution, the elections
held under the Houses of Parliament and Provincial Assemblies
(Elections) Order, 1977, to the Houses of Parliament and the
Provincial Assemblies shall be deemed to have been held under the
Constitution and shall have effect accordingly.".
|
| 53. |
New Annex |
After Article 280, the following Annex shall be inserted, namely:-
"ANNEX
(Article 2A)
The Objectives Resolution
In the name of Allah, the Beneficent, the Merciful:
Whereas sovereignty over the entire universe belongs to Allah Almighty
alone and the authority, which he has delegated to the State of
Pakistan, through its people for being exercised within the limits
prescribed by Him is a sacred trust;
This Constituent Assembly representing the people of Pakistan resolves
to frame a constitution for the sovereign independent State of
Pakistan;
Wherein the State shall exercise its powers and authority through the
chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and
social Justice as enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the
individual and collective spheres in accordance with the teachings and
requirements of Islam as set out in the Holy Quran and the Sunnah;
Wherein adequate provision shall be made for the minorities to profess
and practice 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.".
|
| 54. |
Second Schedule |
For this Schedule, the Schedule set out in the Schedule to this Order shall be substituted. |
| 55. |
Third Schedule |
- 1.
- In the oath of office relating to the
Chairman or member of the Federal Shariat Court, for the
word "Chairman", twice occurring, the words "Chief Justice", and for the
word "member", twice occurring, the word "Judge" shall be substituted.
- 2.
- In the oaths of office set out in this Schedule, the following
paragraph shall be added at the end, namely:-
"May Allah Almighty help and guide me (A'meen).".
|