| 1. | Short title and commencement.
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(1)
| This Order may be called the Constitution (Second Amendment) Order, 1985. |
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(2)
| It shall come into force at once. |
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| 2. | Amendment of Article 89 of the Constitution.
In the Constitution, in Article 89, in clause (2), in paragraph (a),--
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(i)
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in sub-paragraph (i), for the words and figure
"is with respect to a matter in Part I of the Federal
Legislative List" the words, brackets and figures
"contains provisions dealing with all or any of the matters
specified in clause (2) of Article 73" shall be
substituted: and
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(ii)
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in sub-paragraph (ii), for the words and figure "is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List" the words, brackets and figure "does not contain provisions dealing with any of the matters referred to in sub paragraph (i)" shall be substituted.
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| 3. | Substitution of Article 239 in the Constitution.
In the Constitution, in Part VI, in Chapter 1, after Article 165, the following new Article shall be added, namely:--
| "239. | Constitution Amendment Bill.
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(1)
| A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less
than two-thirds of the total membership of the House, it shall be transmitted to the other House. |
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(2)
| If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which
it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent. |
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(3)
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If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which
transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended
by the former House is passed by the latter by the vote of not less than two-thirds of its total membership it shall, subject
to the provisions of clause (4), be presented to the President for assent. |
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(4)
| A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to
the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than
two-thirds of its total membership. |
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(5)
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No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.
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(6)
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For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament)
to amend any of the provisions of the Constitution." |
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| 4. | Amendment of Article 270-A of the Constitution.
In the Constitution, in Article 270-A, for clause (6) the following shall be substituted, namely:---
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"(6)
| The President's Orders referred to in clause (1) shall not be altered, repealed or amended without the previous sanction of
the President." |
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