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 190[Majlis-e-Shoora (Parliament)] 190 |
|
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
191[Majlis-e-Shoora (Parliament)] 191 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 192[and the Islamabad High Court] 192; |
(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; |
|
193[
(b)
|
the administrative expenses, including the remuneration payable to officers and 194[staff] 194 of the Supreme Court, 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;
|
] 193
(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 tribunal; and
|
(e)
|
any other sums declared by the Constitution or
by Act of 195[Majlis-e-Shoora (Parliament)] 195 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)
|
196[Majlis-e-Shoora (Parliament)] 196 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 197[Majlis-e-Shoora (Parliament)] 197 under clause (2), the Speaker or, as the case may be,
the Chairman may, with the approval of the President, make 198 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
199 rules for regulating its procedure.Ordinances.
|
|
|
|
76
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 16
(with effect from
August 21, 2002) for :
51
| National Assembly. 84[
(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 |
|
|
] 84
(2)
|
A person shall be entitled to vote if:
(a)
|
he is a citizen of Pakistan; |
(b)
|
he is not less than 85[eighteen] 85 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 87[.] 87
|
88[] 88
|
|
89[
(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.
|
|
] 89
(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.
|
|
92[
(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:
93[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.] 93
|
(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:
94[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.] 94
|
|
|
] 92 97[] 97 |
|
77
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".
78
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(ii)
(with effect from
May 31, 2018) for :
79[
(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 |
|
|
] 79
79
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 |
|
|
80
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iii)
(with effect from
May 31, 2018).
81
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.
|
|
82
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,".
83
Substituted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 3(iv)
(with effect from
May 31, 2018) for "the".
88
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.
89
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 :
90[
(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 |
|
|
] 90
92
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 95[third] 95 general
election to the National Assembly, whichever occurs later,
96[twenty seats] 96 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.
|
|
97
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) : :
98[
(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.
|
|
] 98
(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.
|
|
98
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 :
99[
(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).
|
|
] 99
(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.
|
|
107
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.
|
|
108
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 17
(with effect from
April 19, 2010) for :
58
| Dissolution of the National Assembly.
109[(1)] 109
|
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 110[notice of a
resolution for a vote of no-confidence has been given] 110 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 111[] 111.
|
|
112[
(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
|
113[] 113 114[
(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.
|
] 114
|
|
] 112 116[
(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.
|
|
] 116 |
|
113
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
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 18
(with effect from
April 19, 2010) for :
59
| The Senate 122[
(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 123[] 123 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. |
|
|
] 122
(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.
|
|
132[
(3)
|
The Senate shall not be subject to dissolution but the term of its
members, who shall retire as follows, shall be six years:-
133[
(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;
|
] 133
Provided that the term
of office of a person elected 134[] 134 to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled.
|
|
] 132 135[] 135 |
|
118
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".
119
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; |
120
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;
|
121
Inserted by Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018), Sect. 4(3)
(with effect from
May 31, 2018).
122
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 125[eighty-seven] 125
members, of whom,:
(a)
|
fourteen shall be elected by the members of
each Provincial Assembly;
|
(b)
|
126[eight] 126 shall be elected by the members
from the Federally Administered Tribal Areas in the National
Assembly; 127[] 127
|
(c)
|
128[three] 128 shall be 129[elected] 129 from the
Federal Capital in such manner as the President may, by
Order, prescribe 130[; and] 130
|
131[
(d)
|
five shall be elected by the members
of each Provincial Assembly to represent ulema, technocrats
and other professionals.
|
] 131
|
|
123
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) : "
124[by direct and free vote]
124".
132
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."
|
|
133
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.
|
135
The following was omitted by
Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 6(c)
(with effect from
November 9, 1985) : :
136[
(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.
|
|
] 136
143
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; |
145[
(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. |
|
] 145
(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).
|
|
|
144
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".
145
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;
|
146
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 21
(with effect from
April 19, 2010) for :
147[
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
|
148[
(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
|
] 148
(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
|
|
149[
(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 150[; or] 150
|
] 149 151[
(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.
|
] 151
|
|
152[
(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.
|
|
] 152 153[
(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.
|
|
] 153 |
|
] 147
147
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.
|
|
|
|
148
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(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.
|
|
154
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 22
(with effect from
April 19, 2010) for :
155[
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.
|
|
|
|
|
] 155
155
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 :
156[
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.
|
|
|
|
] 156
166
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.
172
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 23
(with effect from
April 19, 2010) for :
173[
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 174[referred to a Mediation Committee
constituted under Article 71 for consideration and resolution thereon] 174.
|
|
(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.
|
|
|
|
] 173
173
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.
|
|
|
|
175
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.
|
|
|
|
176
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 24
(with effect from
April 19, 2010) : :
177[
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.
|
|
|
|
] 177
178
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Sect. 25
(with effect from
April 19, 2010) for :
179[
(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.
|
|
] 179
179
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
180[] 180, 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.
|
|
182
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.
|
|
|
|
185
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 26(ii)
(with effect from
April 19, 2010) for :
186[
(2)
|
When the President has returned a Bill to the
Majlis-e-Shoora (Parliament), it shall be reconsidered by the
Majlis-e-Shoora (Parliament) 187[] 187 and, if it is
again passed, with or without amendment, by the Majlis-e-Shoora
(Parliament), 188[in accordance with Article 70] 188 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.
|
|
] 186
186
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.
|
|
188
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".
193
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;
|
194
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2
(with effect from
June 8, 2016) for "servants".
198
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.
199
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.
211
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.
|
|