WHEREAS pursuant to the Proclamation of emergency of 3rd day of November, 2007 and the Provisional Constitution Order No.
1 of 2007, the Constitution of the Islamic Republic of Pakistan has been held in abeyance;
AND WHEREAS the Provisional Constitution Order provides that the President may from time to time amend the Constitution, as
is deemed expedient;
AND WHEREAS it is expedient to amend the Constitution for the purposes hereinafter appearing;
NOW, THEREFORE, the President is pleased to make and promulgate the following Order:-
| Serial No. (1) |
Article / Chapter (2) |
Amendments
made (3)
|
| 1. |
41. |
In clause (3); the words, brackets
and figure "to be elected after the
expiration of the term specified in
clause (7)" shall be omitted and
shall be deemed to have been omitted
with effect from the 17th day of August, 1988.
|
| 2. |
44. |
In clause (2), for the words "Subject to the constitution" the words "Notwithstanding anything contained in the constitution" shall be substituted.
|
| 3. |
193. |
|
(i)
|
In clause (1), for the full stop
at the end a colon shall be
substituted and thereafter the
following proviso shall be added,
namely:-
Provided that in case of
appointment of a Judge of the High
Court for Islamabad Capital
Territory, consultation with the
Governor shall not be required.
|
| |
|
(ii)
|
In clause (2), for the words "forty-five years"
the words "forty years" shall be substituted.
|
|
| 4. |
194. |
In Article 194, for the full stop at
the end a colon shall be substituted
and thereafter the following proviso
shall be added, namely:-
Provided that in the case of the
Chief Justice of the High Court for
Islamabad Capital Territory, the
oath
shall be made before the President
or
a person nominated by him.
|
| 5. |
208. |
In Article 208, for the full stop at
the end a colon shall be substituted
and thereafter the following proviso
shall be added, namely:-
Provided that in case of the High Court for Islamabad Capital Territory the rules may be made with the approval of the President.
|
| 6. |
270C. |
Article 270C shall be re-numbered as
clause (1) thereof and after clause (1) re-numbered as aforesaid, the following new clause shall be inserted, namely:-
|
(2)
| Notwithstanding anything contained in the Constitution or any other law for the time being in force,-
|
(i)
|
a Judge including the Chief Justice, of the Supreme Court, a High Court or Federal Shariat Court who had, not been given or
taken oath under the Oath of Office (Judges) Order, 2007, had ceased to hold office on and with effect from the 3rd day of
November, 2007; and
|
|
(ii)
|
a Judge including the Chief Justice, of the Supreme Court, a High Court and Federal Shariat Court appointed and/or continued
as such Judge or
Chief Justice by virtue of the Oath of Office (Judges) Order, 2007, shall, on revival of the Constitution, take oath as set
out in the Third Schedule and shall be deemed to have been appointed, and/or shall continue to hold office, under the Constitution.
|
|
|