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Part III: The Federation of Pakistan

Chapter 2: Majlis-e-Shoora (Parliament)

Composition, Duration and Meetings of  77[Majlis-e-Shoora (Parliament)] 77

 78[
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.
 
] 78
 79[
51. National Assembly:
(1) There shall be  80[three hundred and thirty-six] 80 seats for members in the National Assembly, including seats reserved for women and non-Muslims.
 
(2) A person shall be entitled to vote if-
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be of unsound mind;
 
 81[
(3) The seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province and the Federal Capital as under-
General Seats Women Seats Total Seats
Balochistan 16 4 20
Khyber Pakhtunkhwa 45 10 55
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 - 3
Total 266 60 326
 
] 81 83[
(3A) Notwithstanding anything contained in clause (l) or any other law for the time being in force, the members of the National Assembly from the Federally Administered Tribal Areas to be elected in the general elections, 2018 shall continue till dissolution of the National Assembly and thereafter this clause shall stand omitted.
 
] 83
(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.
 
 84[
(5)  85[] 85 86[The] 86 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:
Provided that for purposes of the next general elections to be held in 2018 and bye-elections related thereto, the allocation shall be made on the basis of provisional results of the 2017 census which shall be published by the Federal Government.
 
] 84
(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 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;
(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 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.
 
 
] 79
52 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.
 
53 Speaker and Deputy Speaker of National Assembly.
(1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.
 
(2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule.
 
(3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as Speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly.
 
(4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered.
 
(5) The Speaker may, by writing under his hand addressed to the President, resign his office.
 
(6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.
 
(7) The office of Speaker or Deputy Speaker shall become vacant if:
(a) he resigns his office;
(b) he ceases to be a member of the Assembly;
(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.
 
 
54 Summoning and prorogation of Majlis-e-Shoora (Parliament).
(1) The President may, from time to time, summon either House or both Houses of  103[Majlis-e-Shoora (Parliament)] 103 in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.
 
(2) There shall be at least  104[three] 104 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  105[thirty] 105 working days in each year.
 107[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.] 107
 
(3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue it.
 
 
55 Voting in Assembly and quorum.
(1) Subject to the Constitution, all decisions Voting in of the National Assembly shall be taken by majority Assembly a of the members present and voting, but the person quorum. 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.
 
 
56 Address by President
 108[(1)] 108 The President may address either House or both Houses assembled together and may for that purpose require the attendance of the members.
 
 109[
(2) The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
 
 110[
(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.
 
] 110
(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.
 
] 109
 
57 Right to speak in 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.
 
 111[
58. Dissolution of the National Assembly:
(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.
Explanation: Reference in this Article to "Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a note of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.
 
(2) Notwithstanding anything contained in clause (2) or Article 48, the President may dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.
 
 
] 111
 120[
59. The Senate
(1) The Senate shall consist of  121[ninety-six] 121, of whom-
(a) fourteen shall be elected by the members of each Provincial Assembly;
 122[] 122
(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 the single transferable vote.
 
(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;
 123[] 123
(c) of the members referred to in paragraph (c) of the aforesaid clause,-
(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and
(ii) one elected on the seat reserved for technocrat shall retire after the first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years;
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and
(f) of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the 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.
 
 124[
(3A) Notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of clause (3), the existing members of the Senate from the Federally Administered 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.
 
] 124
(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.
 
 
] 120
60 Chairman and Deputy Chairman
(1) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Chairman and a Deputy Chairman and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman.
 
(2) The term of office of the Chairman or Deputy Chairman shall be  140[three] 140 years from the day on which he enters upon his office.
 
 
61 Other provisions relating to Senate.
The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate, Chairman and Deputy Chairman  141[and as if, in the proviso to the said clause (2) of Article 54, for the words " 142[one hundred and thirty] 142" the word " 144[one hundred and ten] 144" were substituted] 141.
 

Provisions as to Members of  145[Parliament] 145

 146[
62. Qualifications for membership of Majlis-e-Shoora (Parliament):
(1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled 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 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  147[] 147, 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 practises obligatory duties prescribed by Islam as well as abstains from major sins ;
(f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;
(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.
 
 
] 146
 149[
63. Disqualifications for membership of Majlis-e-Shoora (Parliament):
(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or
(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or 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, unless a period of five years has elapsed since his release; or
(h) he has been, on conviction for any offence involving moral turpitude, senteced 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 share-holder but is not a director holding an office of profit under the company; or
(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or
Explanation:- In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.
(m) he holds any office of profit in the service of Pakistan other than the following offices, namely :-
(i) an office which is not whole time office remunerated either by salary or by fee;
(ii) the office of Lumbardar, whether called by this or any other title;
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or
(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or
(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.
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 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 should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Comission.
 
(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.
 
 
] 149
 157[
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 relations to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Explanation: "Party Head" means any person, by whatever name called, declared as such by the Party.
 
(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.
 
(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.
 
(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.
 
(5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal.
 
(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
 
(7) For the purpose of this Article -
(a) "House" means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be.
(b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.
 
(8) Article 63A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.
 
 
] 157
64 Vacation of seats.
(1) A Member of  160[Majlis-e-Shoora (Parliament)] 160 may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become vacant.
 
(2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.
 
 
65 Oath of members.
A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule.
 
66 Privileges of members, etc.
(1) Subject to the Constitution and to the rules of procedure of  161[Majlis-e-Shoora (Parliament)] 161, there shall be freedom of speech in  162[Majlis-e-Shoora (Parliament)] 162 and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in  163[Majlis-e-Shoora (Parliament)] 163, and no person shall be so liable in respect of the publication by or under the authority of  164[Majlis-e-Shoora (Parliament)] 164 of any report, paper, votes or proceedings.
 
(2) In other respects, the powers, immunities and privileges of  165[Majlis-e-Shoora, (Parliament)] 165, and the immunities and privileges of the members of  166[Majlis-e-Shoora (Parliament)] 166, shall be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members.
 
(3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do:
Provided that any such law-
(a) may empower a court to punish a person who refuses to give evidence or produce documents; and
(b) shall have effect subject to such Order for safeguarding confidential matters from disclosure as may be made by the President.
 
(4) The provisions of this Article shall apply to person s who have the right to speak in, and otherwise to take part in the proceedings of,  167[Majlis-e-Shoora (Parliament)] 167 as they apply to members.
 
(5) In this Article,  168[Majlis-e-Shoora (Parliament)] 168 means either House or a joint sitting, or a committee thereof.
 
 

Procedure Generally

67 Rules of Procedure, etc.
(1) Subject to the Constitution, a House may make  169 rules 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.
 
 
68 Restriction on discussion in Majlis-e-Shoora (Parliament).
No discussion shall take place in  170[Majlis-e-Shoora (Parliament)] 170 with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
 
69 Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament).
(1) The validity of any proceedings in  171[Majlis-e-Shoora (Parliament)] 171 shall not be called in question on the ground of any irregularity of procedure.
 
(2) No officer or member of  172[Majlis-e-Shoora (Parliament)] 172 in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in  173[Majlis-e-Shoora (Parliament)] 173, shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
 
(3) In this Article,  174[Majlis-e-Shoora (Parliament)] 174 has the same meaning as in Article 66.
 
 

Legislative Procedure

 175[
70. Introduction and passing of Bills:
(1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall he presented to the President for assent.
 
(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the Hosue in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.
 
(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.
 
(4) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" means the Federal Legislative List and the in the Fourth Schedule.
 
 
] 175
 178[] 178 179[] 179
72 Procedure at joint sittings.
(1) The President, after consultation with the Speaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses.
 
(2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be determined by the rules made under clause (1), shall preside.
 
(3) The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting.
 
(4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting.
 
 
73 Procedure with respect to Money Bill.
 181[
(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly:
Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Sentate which may, within fourteen days, make recommendations thereon to the National Assembly.
 
(1A) The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.
 
] 181
(2) For the purpose of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:-
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the borrowing of money, or the giving of any guarantee, by the Federal government, or the amendment of the law relating to the financial obligations of that Government;
(c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund;
(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;
(e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys;
(f) the audit of the accounts of the Federal Government or a Provincial Government; and
(g) any matter incidental to any of the matters specified in the preceding paragraphs.
 
(3) A Bill shall not be deemed to be a Money Bill by reason only that it provides:-
(a) for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a licence fee or a fee or charge for any service rendered; or
(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
 
(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.
 
(5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.
 
 
74 Federal Government's consent required for financial measures.
A Money Bill or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in  184[Majlis-e-Shoora (Parliament)] 184 except by or with the consent of the Federal Government.
 
 185[
75 President's assent to Bills.
(1) When a Bill is presented to the President for assent, the President shall, within  186[ten] 186 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.
 
 188[
(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.
 
] 188
(3) When the President has assented  192[or is deemed to have assented] 192 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.
 
 
] 185
76 Bill not to lapse on prorogation, etc.
(1) A Bill pending in either House shall not lapse by reason of the prorogation of the House.
 
(2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly.
 
(3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.
 
 
77 Tax to be levied by law only.
No tax shall be levied for the purposes of the Federation except by or under the authority of Act of  193[Majlis-e-Shoora (Parliament)] 193
 
78 Federal Consolidated Fund and Public Account.
(1) All revenues received by the Federal Government, all loans raised by that Government and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Federal Consolidated Fund.
 
(2) All other moneys-
(a) received by or on behalf of the Federal Government; or
(b) received by or deposited with the Supreme Court or any other court established under the authority of the Federation;
shall be credited to the Public Account of the Federation.
 
 
79 Custody, etc., of Federal Consolidated Fund and Public Account.
The custody of the Federal Consolidated Fund, the payment Or moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of  194[Majlis-e-Shoora (Parliament)] 194 or, until provision in that behalf is so made, by rules made by the President.
 
80 Annual Budget Statement.
(1) The Federal Government shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the Federal Government for that year, in this Part referred to as the Annual Budget Statement.
 
(2) The Annual Budget Statement shall show separately-
(a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.
 
 
81 Expenditure charged upon Federal Consolidated Fund.
The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:-
(a) the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to-
(i) the Judges of the Supreme Court  195[and the Islamabad High Court] 195;
(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;
 196[
(b) the administrative expenses, including the remuneration payable to officers and  197[staff] 197 of the  198[Supreme Court, the Judicial Commission of Pakistan, the Supreme Judicial Council] 198, 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;
] 196
(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 judgment, decree or award against Pakistan by any court or tribunals;  199[] 199
 200[
(da) any sums required to organize and conduct elections to the National Assembly, Senate, Provincial Assemblies and the local governments; and
] 200
(e) any other sums declared by the Constitution or by Act of  201[Majlis-e-Shoora (Parliament)] 201 to be so charged.
 
82 Procedure relating to Annual Budget Statement.
(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.
 
(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein;
Provided that, for a period of ten years from the commencing day or the holding of the second general election to the National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.
 
(3) No demand for a grant shall be made except on the recommendation of the Federal Government.
 
 
83 Authentication of schedule of authorised expenditure.
(1) The Prime Minister shall authenticate by his signature a schedule specifying-
(a) the grants made or deemed to have been made by the National Assembly under Article 82, and
(b) the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.
 
(2) The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or vote thereon.
 
(3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the National Assembly as required by clause (2).
 
 
84 Supplementary and excess grants.
If in respect of any financial year it is found-
(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or
(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year;
the Federal Government shall have power to authorize expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement.
 
85 Votes on account.
Notwithstanding anything contained in the foregoing provisions relating to financial matters, the National Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.
 
86 Power to authorise 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.
 
87 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)  202[Majlis-e-Shoora (Parliament)] 202 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  203[Majlis-e-Shoora (Parliament)] 203 under clause (2), the Speaker or, as the case may be, the Chairman may, with the approval of the President, make  204 rules regulating the recruitment and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate.
 
 
88 Finance Committees.
(1) The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee.
 
(2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate.
 
(3) The Finance Committee may make  205 rules for regulating its procedure.Ordinances.
 
 

Ordinances

89 Power of President to promulgate Ordinances.
(1) The President may, except when the  206[Senate or] 206 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 of  207[Majlis-e-Shoora (Parliament)] 207 and shall be subject to like restrictions as the power of  208[Majlis-e-Shoora (Parliament)] 208 to make law, but every such Ordinance-
(a) shall be laid-
(i) before the National Assembly if it  209[contains provisions dealing with all or any of the matters specified in clause (2) of Article 73] 209, and shall stand repealed at the expiration of  210[one hundred and twenty days] 210 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 211[:] 211
 212[Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once.] 212
(ii) before both Houses if it  213[does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)] 213, and shall stand repealed at the expiration of  214[one hundred and twenty days] 214 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 resolution 215[:] 215
 216[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.] 216
(b) may be withdrawn at any time by the President.
 
 217[
(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."
 
] 217
 

Notes

77   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
78   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 10 (with effect from March 2, 1985) for :
50
There shall be a Parliament consisting of two houses to be known as the National Assembly and the Senate.
 
79   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 16 (with effect from August 21, 2002) for :
51 National Assembly.
 87[
(1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims.
 
(1A) The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under-
General Women Total
Balochistan 14 3 17
NWFP 35 8 43
The Punjab 148 35 183
Sind 61 14 75
FATA 12 - 12
Federal Capital 2 - 2
Total 272 60 332
 
] 87
(2) A person shall be entitled to vote if:
(a) he is a citizen of Pakistan;
(b) he is not less than  88[eighteen] 88 years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be of unsound mind  90[.] 90
 91[] 91
 
 92[
(2A) In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims.
 
] 92
(3) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.
 
 95[
(4) 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;
(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 (1A) 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:
 96[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.] 96
(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:
 97[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.] 97
 
] 95 100[] 100
 
80   Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(i) (with effect from May 31, 2018) for "three hundred and forty-two".
81   Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(ii) (with effect from May 31, 2018) for :
 82[
(3) The seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under-
General Seats Women Seats Total Seats
Balochistan 16 4 20
Khyber Pakhtunkhwa 39 9 48
Punjab 141 33 174
Sindh 61 14 75
Federally Administered Tribal Areas 12 - 12
Federal Capital 3 - 3
Total 272 60 332
 
] 82
82   Substituted by Constitution (Twenty-fourth Amendment) Act, 2017 (38 of 2017), Article 2(a) (with effect from December 22, 2017) for :
(3) The seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under-
General Seats Women Total
Balochistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered Tribal Areas 12 - 12
Federal Capital 2 - 2
Total 272 60 332
 
83   Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iii) (with effect from May 31, 2018).
84   Substituted by Constitution (Twenty-fourth Amendment) Act, 2017 (38 of 2017), Article 2(b) (with effect from December 22, 2017) for :
(5) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.
 
85   The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iv) (with effect from May 31, 2018) : "Save as provided in clause (3) in respect of the Federally Administered Tribal Areas,".
86   Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iv) (with effect from May 31, 2018) for "the".
87   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(1) (with effect from August 21, 2002) for :
(1) The National Assembly shall consist of two hundred and seven Muslim members to be elected by direct and free vote in accordance with law.
 
88   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(2) (with effect from August 21, 2002) for " 89[twenty-one] 89".
89   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11 (with effect from March 2, 1985) for "eighteen".
90   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(2)(b) (with effect from March 2, 1985) for ":".
91   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(2)(c) (with effect from March 2, 1985) : :
Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of a second general election to the Assembly paragraph (b) shall have effect as if for the word "eighteen" therein the word "twenty-one" were substituted.
92   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(1) (with effect from August 21, 2002) for :
 93[
(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 person 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
 
] 93
93   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(3) (with effect from March 2, 1985) for :
 94[
(2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats for the persons referred to in clause (3) of Article 106.
 
] 94
94   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 5(a) (with effect from November 21, 1975).
95   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(3) (with effect from August 21, 2002) for :
(4) Until the expiration of a period of ten years from the commencing day or the holding of the  98[third] 98 general election to the National Assembly, whichever occurs later,  99[twenty seats] 99 in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Provinces in accordance with the Constitution and law.
 
96   Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Section 2(1)(i) (with effect from October 9, 2002).
97   Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Section 2(1)(ii) (with effect from October 9, 2002).
98   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 3 (with effect from November 9, 1985) for "second".
99   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(5) (with effect from March 2, 1985) for "ten seats".
100   The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 3(5) (with effect from August 21, 2002) : :
 101[
(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.
 
] 101
(6) Notwithstanding anything contained in this Article, the President may, by Order, make such provision as to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas as he may think fit.
 
101   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 11(5) (with effect from March 2, 1985) for :
 102[
(4A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1).
 
] 102
(5) For the purpose of election to the seats allocated to a province under clause (4), the members of the National Assembly from that Province shall constitute the electoral college.
 
102   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 5(b) (with effect from May 4, 1974).
103   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
104   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 12 (with effect from March 2, 1985) for "two".
105   Substituted by Constitution (Tenth Amendment) Act, 1985 (1 of 1987), Article 2 (with effect from March 25, 1987) for " 106[sixty] 106".
106   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 12 (with effect from March 2, 1985) for "thirty".
107   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 6 (with effect from November 21, 1975).
108   Renumbered by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 13 (with effect from March 2, 1985)
109   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 13 (with effect from March 2, 1985).
110   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 4 (with effect from November 9, 1985) for :
(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.
 
111   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 17 (with effect from April 19, 2010) for :
58 Dissolution of the National Assembly.
 112[(1)] 112 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  113[notice of a resolution for a vote of no-confidence has been given] 113 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  114[] 114.
 
 115[
(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,:-
(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution as ascertained in a session of the National Assembly summoned for the purpose; or
 116[] 116 117[
(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
] 117
 
] 115 119[
(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final.
 
] 119
 
112   Renumbered by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(1) (with effect from March 2, 1985)
113   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 5(a) (with effect from November 9, 1985) for "resolution for a vote of no confidence has been moved".
114   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(1) (with effect from March 2, 1985) : "or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95".
115   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 5(b) (with effect from November 9, 1985) for :
 118[
(2) The President may also dissolve the National Assembly in his discretion where, in his opinion, An appeal to the electorate is necessary.
 
] 118
116   The following was omitted by Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), Section 2 (with effect from April 3, 1997) : :
(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
117   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 4 (with effect from August 21, 2002).
118   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 14(2) (with effect from March 2, 1985).
119   Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 3 (with effect from December 31, 2003).
120   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 18 (with effect from April 19, 2010) for :
59 The Senate
 125[
(1) The Senate shall consist of one-hundred members, of whom, -
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected  126[] 126 from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly.
 
] 125
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.
 
 135[
(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-  136[
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years.
(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;
(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years;
] 136
Provided that the term of office of a person elected  137[] 137 to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.
 
] 135 138[] 138
 
121   Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(1)(a) (with effect from May 31, 2018) for "one-hundred and four members".
122   The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(1)(b) (with effect from May 31, 2018) : :
(b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;
123   The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(2) (with effect from May 31, 2018) : :
(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire of the expiration of the first three years and four shall retire after the expiration of the next three years;
124   Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(3) (with effect from May 31, 2018).
125   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 5 (with effect from August 21, 2002) for :
(1) The Senate shall consist of  128[eighty-seven] 128 members, of whom,:
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b)  129[eight] 129 shall be elected by the members from the Federally Administered Tribal Areas in the National Assembly;  130[] 130
(c)  131[three] 131 shall be  132[elected] 132 from the Federal Capital in such manner as the President may, by Order, prescribe  133[; and] 133
 134[
(d) five shall be elected by the members of each Provincial Assembly to represent ulema, technocrats and other professionals.
] 134
 
126   The following was omitted by Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), Section 2(2) (with effect from August 21, 2002) : " 127[by direct and free vote] 127".
127   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 5 (with effect from August 21, 2002).
128   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(a) (with effect from March 2, 1985) for "sixty-three".
129   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(b)(i) (with effect from March 2, 1985) for "five".
130   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(b)(ii) (with effect from March 2, 1985) : "and".
131   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(c)(i) (with effect from March 2, 1985) for "two".
132   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(a) (with effect from November 9, 1985) for "chosen".
133   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(c)(ii) (with effect from March 2, 1985) for ".".
134   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(1)(d) (with effect from March 2, 1985).
135   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(2) (with effect from March 2, 1985) for :
(3) The Senate shall not be subject to dissolution but the term of office of its members shall be four years, half of them retiring every two years, except in the case of the members elected by the members from the Federally Administered Tribal Areas, of whom three shall retire after the expiration of the first two years and two shall retire after the expiration of the next two years:
Provided that the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled."
 
136   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(b)(i) (with effect from November 9, 1985) for :
(a) of the members referred to in paragraphs (a) and (b) 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.
137   The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(b)(ii) (with effect from November 9, 1985) : "or chosen".
138   The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(c) (with effect from November 9, 1985) : :
 139[
(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.
 
] 139
139   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 15(3) (with effect from March 2, 1985).
140   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 7 (with effect from November 9, 1985) for "two".
141   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 5 (with effect from May 4, 1974).
142   Substituted by Constitution (Tenth Amendment) Act, 1985 (1 of 1987), Article 3 (with effect from March 25, 1987) for " 143[one hundred and sixty] 143".
143   Substituted by Constitution (Third Amendment) Order, 1985 (President's Order No. 24 of 1985), Section 2 (with effect from March 19, 1985) for "one hundred and thirty".
144   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 19 (with effect from April 19, 2010) for "ninety".
145   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Majlis-e-Shoora (Parliament)".
146   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 20 (with effect from April 19, 2010) for :
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;
 148[
(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 he seeks membership for election to a seat reserved for women.
] 148
(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 a crime involving moral turpitude or for giving false evidence;
(h) he has not, after the establishment of Pakistan, worked 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).
 
147   The following was omitted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 5 (with effect from May 31, 2018) : "or the Federally Administered Tribal Areas".
148   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 6 (with effect from August 21, 2002) for :
(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;
149   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 21 (with effect from April 19, 2010) for :
 150[
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 of 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
 151[
(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; 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 or moral turpitude; 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 grounds of misconduct or moral turpitude; or
] 151
(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 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 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 share-holder 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, 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
 152[
(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or
(q) he has obtained a loan for a 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
(r) 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 153[; or] 153
] 152 154[
(s) 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.
] 154
 
 155[
(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner.
 
] 155 156[
(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by he Chief Election Commissioner.
 
] 156
 
] 150
150   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 16 (with effect from March 2, 1985) for :
63
(1) A person shall be disqualified from being elected or chosen as, and from being, a member of 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 any office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e) he is so disqualified by Act of Parliament
 
(2) If any question arises whether a member of 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.
 
 
151   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(1)(a) (with effect from August 21, 2002) for :
(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
152   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(1)(b) (with effect from August 21, 2002) for :
(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.
153   Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2) (with effect from October 9, 2002) for ".".
154   Inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(2) (with effect from October 9, 2002).
155   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(2) (with effect from August 21, 2002) for :
(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.
 
156   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 7(3) (with effect from August 21, 2002).
157   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 22 (with effect from April 19, 2010) for :
 158[
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 relations 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;
he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Head of the Parliamentary Party shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
 
(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 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 three months 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.
 
 
] 158
158   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 8 (with effect from August 21, 2002) for :
 159[
63A Disqualification on ground of defection, etc.
(1) If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the Political Party or such other person as may be authorized in this behalf by the Head of the Political Party, be called upon the show cause, within not more than seven days of such a notice, as to why a Declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.
Explanation: A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party: or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing :-
(a) commits a breach of party discipline which means a violation of the party constitution, code of conduct and declared policies, or
(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or
(c) abstain from voting in the House against party policy in relation to any bill.
 
(2) Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a) the disciplinary committee of the party on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final, in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.
 
(3) The Presiding Officer of the House shall be intimated the decision by Head of the Political Party in addition to intimation which shall also be concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the bye-election.
 
(4) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
 
(5) For the purpose of this Article:-
(a) "House" means the National Assembly or the Senate, in relation to and 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 case may be.
 
(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to the action under this Article.
 
 
] 159
159   Inserted by Constitution (Fourteenth Amendment) Act, 1997 (24 of 1997), Article 2 (with effect from July 3, 1997).
160   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
161   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
162   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
163   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
164   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
165   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
166   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
167   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
168   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
169   For the Rules of Procedure and Conduct of Business in the Senate, see Gazette of Pakistan, 1973, Extraordinary, Part II, Pages 1543-1620. For the Rules of Procedure and Conduct of Business in the National Assembly, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 1897-1957.
170   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
171   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
172   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
173   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
174   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
175   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 23 (with effect from April 19, 2010) for :
 176[
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 he 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  177[referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon] 177.
 
(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.
 
 
] 176
176   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 17 (with effect from March 2, 1985) for :
70
(1) A Bill with respect to any matter in Part I of the Federal Legislative List shall originate in the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate for its consideration.
 
(2) The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment at the expiration of that period.
 
(3) If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President for assent.
 
(4) If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly; and, if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for assent.
 
(5) For the purposes of the procedure prescribed in this Article, the question whether or not a Bill is with respect to any matter in Part I of the Federal Legislative List shall be decided by the President whose decision shall be final.
 
(6) 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.
 
 
177   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 9 (with effect from August 21, 2002) for "considered in a joint sitting".
178   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 17 (with effect from March 2, 1985) : :
71.
(1) A Bill with respect to any matter in Part II of the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by one House, 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, the Bill shall be presented to the President for assent.
 
 
179   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 24 (with effect from April 19, 2010) : :
 180[
71. Mediation Committee.
(1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the date of referral of the Bill by the House in which it was originated for consideration and resolution by the Mediation Committee under clause (2) of Article 70 nominate eight members each as members of a Mediation Committee.
 
(2) The House in which the Bill was originated shall nominate a member of the Mediation Committee as Chairman of the Committee and the other House shall nominate a member as the Vice-Chairman thereof.
 
(3) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee.
 
(4) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee.
 
 
] 180
180   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 10 (with effect from August 21, 2002).
181   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 25 (with effect from April 19, 2010) for :
 182[
(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly.
Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within seven days, make recommendations thereon to the National Assembly.
 
(1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.
 
] 182
182   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 11 (with effect from August 21, 2002) for :
(1) Notwithstanding anything contained in Article 70  183[] 183, a Money Bill shall originate in the National Assembly and after it has been passed by the Assembly it shall, without being transmitted to the Senate, be presented to the President for assent.
 
183   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 18 (with effect from March 2, 1985) : "or Article 71".
184   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
185   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2 and Sched. item 19 (with effect from March 2, 1985) for :
75
(1) The President shall assent to a Bill within seven days after it has been presented to him for assent under Article 70, Article 71 or Article 73 and if the President fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.
 
(2) When the President has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Parliament.
 
(3) No Act of 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 or deemed to have been assented to in accordance with the Constitution.
 
 
186   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(i) (with effect from April 19, 2010) for " 187[thirty] 187".
187   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 8(a) (with effect from November 9, 1985) for "forty-five".
188   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(ii) (with effect from April 19, 2010) for :
 189[
(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament)  190[] 190 and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament),  191[in accordance with Article 70] 191 it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom.
 
] 189
189   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 8(b) (with effect from November 9, 1985) for :
(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.
 
190   The following was omitted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 12(a) (with effect from August 21, 2002) : "in joint sitting".
191   Substituted by , Article 3(1), Sch. item 12(a) (with effect from ) for "by the votes of the majority of the members of both Houses present and voting".
192   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 26(iii) (with effect from April 19, 2010).
193   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
194   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
195   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 2(i) (with effect from January 1, 2011).
196   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 2(ii) (with effect from January 1, 2011) for :
(b) the administrative expenses, including the remuneration payable to officers and servants of the Supreme Court, the department of the Auditor-General and the Office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly;
197   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2 (with effect from June 8, 2016) for "servants".
198   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(i) (with effect from October 21, 2024) for "Supreme Court".
199   The following was omitted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(ii) (with effect from October 21, 2024) : "and".
200   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 5(ii) (with effect from October 21, 2024).
201   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
202   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
203   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
204   For the National Assembly Secretariat (Recruitment)Rules 1973, see Gazette of Pakistan, 1973, Extraordinary, part 11 pages 2279-2286. For the Senate Secretariat (Recruitment) Rules, 1973, see ibid., Pages 2301-2307.
205   For the National Assembly (Finance Committee) Rules, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 2451-2454. For the Senate (Finance Committee) Rules, 1973, see ibid., pages 2479-2482.
206   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(i) (with effect from April 19, 2010).
207   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
208   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
209   Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 2(a) (with effect from March 19, 1985) for "is with respect to a matter in Part I of the Federal Legislative List".
210   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a) (with effect from April 19, 2010) for "four months".
211   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a) (with effect from April 19, 2010) for ";".
212   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(a) (with effect from April 19, 2010).
213   Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 2(b) (with effect from March 19, 1985) for "is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List".
214   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b) (with effect from April 19, 2010) for "four months".
215   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b) (with effect from April 19, 2010) for "; and".
216   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(ii)(b) (with effect from April 19, 2010).
217   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 27(iii) (with effect from April 19, 2010) for :
(3) Without prejudice to the provisions of clause (2) an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.
 
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