Whereas it is expedient to amend the Constitution of the Islamic Republic
of Pakistan for the purposes hereinafter appearing;
| 1. | Short title and commencement
| (1) | This act may be called the Constitution (First Amendment) Act ,1974. |
| |
| (2) | It shall come into force at once. |
|
| |
| 2. | Amendment of Article 1 of the Constitution.
In the Constitution of the Islamic Republic Of Pakistan
hereinafter referred to as the Constitution, in Article 1, for clauses
(2), (3) and (4) the following shall be substituted, namely --
| (2) | the territories of Pakistan shall comprise:-
| (a) | the Province of Baluchistan,
the North-West Frontier, the Punjab and Sind; |
| (b) | the Islamabad Capital Territory, hereinafter referred to as the Federal Capital ; |
| (c) | the Federally Administered Tribal Areas; and |
| (d) | such States and territories as are or may
be included in Pakistan. whether by
accession or otherwise. |
|
| |
| (3) | Parliament may by law admit into the Federation new States
or areas on such terms and conditions as it thinks fit." |
|
| |
| 3. | Amendment of Article 8 of the Constitution.
In the Constitution, in Article 8, in clause(3)
in paragraph (b), after the word "day" at the end, the words "or as amended by any of the laws
specified in that schedule" shall be added. |
| |
| 4. | Amendment of Article 17 of the Constitution.
In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely--
| (2) | Every citizen, not being in the service of Pakistan,
shall have the right to from or be member of a
Political Party , subject to any reasonable restrictions imposed
by law in the interest of the sovereignty
or integrity of Pakistan and such law shall provide that
where the Federal Government declare that any
political party has been formed or is operating in a manner
prejudicial to the sovereignty or integrity of
Pakistan , the Federal Government shell , within fifteen days
of such declaration , refer the matter to
the Supreme Court whose decision on such reference shall be final.
|
| |
| (3) | Every Political Party shall account for the source of its
funds in accordance with law. |
|
| |
| 5. | Amendment of Article 61 of the Constitution.
In the Constitution, in Article 61, after the words "Deputy Chairman" at
the end, the words, commas, brackets and figures "and as if, in
the proviso to the said clause (2) of Article 54 for the words "one hundred
and thirty" the words "ninety" were substituted" shall be
added. |
| |
| 6. | Amendment of Article 101 of The Constitution.
In the constitution, in Article 101, in clause(3), after the word
"President" at the end, the words and comma "and shall be entitled
to such salary, allowances and privileges as the President may determine"
shall be added. |
| |
| 7. | Amendment of Article 127 of the Constitution.
In the constitution, in Article 127,--
| (a) | in paragraph (e), the word "and" at the end shall be omitted; |
| (b) | in paragraph (f), for the full-stop at the end the semi-colon
and word ";and" shall be substituted; and |
| (c) | after paragraph (f) amendment as aforesaid, the following
new paragraph shall be added, namely:-
| "(g) | the said clause (2) of Article 54 shall have effect as if,
in the proviso thereto, for the words "one
hundred and thirty" the word "seventy" were substituted". |
|
|
| |
| 8. | Amendment of Article 193 of the Constitution.
In the Constitution, in Article 193, in clause (2), after paragraph (c) the following Explanation shall be added, namely--
Explanation: . In computing the period during which a person
has been an advocate of a High court or held judicial office, there
shall be included any period during which he has held judicial
office after he became an advocate or, as the case may be, the period during
which he has been an advocate after having held judicial office".
|
| |
| 9. | Amendment of Article 199 of the Constitution.
In the constitution , in Article 199 , for clause (3), the following shall
be substituted, namely--
| " (3) | An order shall not be made under clause (1) on application
made by or in relation to a person who is a member of the Armed Forces
of Pakistan , or who is for the time being subject to any law
relating to any of those Forces, in respect of his terms and conditions
of service, in respect of any matter arising out of his service, or in
respect of any action taken in relation to him as a member of
the Armed Forces of Pakistan or as a person subject to such law". |
|
| |
| 10. | Amendment of Article 200 of the Constitution.
In the Constitution, in Article 200, after clause (2), the following new
clause shall be added, namely--
| "(3) | If any time it is necessary for any reason to increase temporarily
the number of Judges of a High Court, the Chief Justice of that High Court
may require a Judge of any other High Court to attend sittings of the former
High Court for such period as may be necessary and, while so attending
the sittings of the High Court, the Judge shall have the same power and
Jurisdiction as a Judge of that High Court.
Provided that a Judge shall not be so required except with his
consent and the approval of the President and after consolation with the
Chief Justice of Pakistan and the Chief Justice of the High Court of which
he is a Judge". |
|
| |
| 11. | Amendment of Article 209 of the Constitution.
In the constitution, in Article 209, in clause (2), in the Explanation,
after words " Chief Justice ", the words "otherwise than as acting
Chief Justice" shall be inserted. |
| |
| 12. | Amendment of Article 212 of the Constitution.
In the Constitution in article 212 -
| (a) | in clause (1),
| (i) | For the word "establish" the words "provide for establishment
of" shall be substituted and shall be deemed always to have been so substituted ; and |
| (ii) | in paragraph (a) after the word "persons", the words "who
are or have been" shall be inserted and shall be deemed always to have been so inserted; and |
|
| (b) | in clause (2) after the words "Tribunal extends", the following
words shall be inserted and shall be deemed always to have been so inserted, namely:-
"and all proceedings in respects of any such matter which may be pending
before such other Court immediately before the establishment of the Administrative
Court or tribunal shall abate on such establishment."
|
|
| |
| 13. | Amendment of Article 250 of the Constitution.
In the Constitution, in Article 250, in clauses (1) and (2), the words and comma "a governor ,", wherever occurring.,
shall be omitted. |
| |
| 14. | Amendment of Article 259 of the Constitution.
In the constitution, in Article 259,--
| (a) | in clauses (2), after the word " gallantry", the comma
and words " meritorious service in the Armed Forces" shall be inserted ; and |
| (b) | in clause (3) after the word " gallantry" , the comma and words " meritorious services in the Armed Forces" shall be inserted and shall be deemed always to have been so inserted. |
|
| |
| 15. | Amendment of Article 260 of the Constitution.
In the Constitution, in Article 260, in clause (1),-
| (a) | after the definition of the "Chairman" , the following new
definition shall be inserted, namely:-
"Chief Justice", in relation to the Supreme Court or a High Court, includes
the Judge for the time being acting as Chief justice of the Court ;"
and |
| (b) | In the definition of "service of Pakistan" , after the words "Provincial Minister" , the
commas and words " , Attorney-General, Parliamentary Secretary" shall be inserted. |
|
| |
| 16. | Amendment of Article 272 of the Constitution.
In the Constitution, in Article 272, in the marginal
heading , after the word " First" the words " constitution of " shall be
inserted. |
| |
| 17. | Amendment of First Schedule to the Constitution.
In the Constitution, in the First Schedule for Part IV
the following shall be substituted ,namely:-
"IV. FEDERAL ACTS
| 1- | The Censorship of Films Act, 1963 (XVII of 1963) |
| 2- | The Land Reforms (Amendment) Act, 1974." |
|