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Part XII: Miscellaneous

Chapter 2: Armed Forces.

 741[
243. Command of Armed Forces.-
(1) The Federal Government shall have control and command of the Armed Forces.
 
(2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
 
(3) The President shall subject to law, have power-
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and
(b) to grant Commissions in such Forces.
 
(3) The President shall, on advice of the Prime Minister, appoint-
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.
 
 
] 741
244 Oath of Armed Forces.
Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.
 
245 Functions of Armed Forces.
 748[(1)] 748 The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.
 
 749[
(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.
 
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.
 
(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.
 
] 749
 

Notes

741   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 90 (with effect from April 19, 2010) for :
243 Command of Armed Forces.
(1) The Federal Government shall have control and command of the Armed Forces.
 
 742[
(1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
 
] 742
(2) The President shall, subject to law, have power-
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces;  743[and] 743
(b) to grant Commissions in such Forces 744[.] 744
 745[] 745
 
 746[
(3) The President shall,  747[in consultation with the Prime Minister] 747, appoint-
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances."
 
] 746
 
742   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 50 (with effect from March 2, 1985).
743   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(a) (with effect from August 21, 2002).
744   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b) (with effect from August 21, 2002) for "; and".
745   The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b) (with effect from August 21, 2002) : :
(c) to appoint the Chairman, Joint Chiefs of Staff Committee, the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances.
746   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 23(2) (with effect from August 21, 2002).
747   Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 8 (with effect from December 31, 2003) for "in his discretion".
748   Renumbered by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4 (with effect from April 21, 1977)
749   Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4 (with effect from April 21, 1977).
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