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PART IX

Islamic Provisions

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227.

(1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions.

[242][Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.]

(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.

(3) Nothing in this Part shall affect the personal laws of non- Muslim citizens or their status as citizens.

228.

(1) There shall be [243][constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council.

(2) The Islamic Council shall consist of such members, being not less than eight and not more than [244][twenty], as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.

(3) While appointing members of the Islamic Council the President shall ensure that:

(a) so far as practicable various schools of thought are represented in the Council;

(b) not less than two of the members are persons each of whom is, or has been, a Judge of the Supreme Court or of a High Court;

(c) not less than four of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and (d) at least one member is a woman.

[245][(4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.]

(5) Subject to clause (6) a member of the Islamic Council shall hold office for a period of three years.

(6) A member may, by writing under his hand addressed to the President, resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council.

229.

The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

230.

(1) The functions of the Islamic Council shall be,

(a) to make recommendations to [246][Majlis- e- Shoora (Parliament)] and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah;

(b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;

(c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and

(d) to compile in a suitable form, for the guidance of [246][Majlis-e-Shoora (Parliament)] and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.

(2) When, under Article 229, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice.

(3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished: Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.

(4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and Majlis-e-Shoora (Parliament) and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.

231.

The proceedings of the Islamic Council shall be regulated by rules of [247]procedure to be made by the Council with approval of the President.

PART X

Emergency Provisions

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232.

(1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.

(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,

[248](a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List;]

(b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised, and

(c) the Federal Government may by [249]Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Government, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the province:

Provided that nothing in paragraph (c) shall authorize the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(3) The power of [250][Majlis-e-Shoora (Parliament)] to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter.

(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make but if any provision of a Provincial law is repugnant to any provision of an Act of [250][Majlis-e-Shoora (Parliament)] which [250][Majlis-e-Shoora (Parliament)] has under this Article power to make, the Act of [250][Majlis-e-Shoora (Parliament)], whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of [250][Majlis-e-Shoora (Parliament)] continues to have effect, be void.

(5) A law made by [250][Majlis-e-Shoora (Parliament)], which [250][Majlis- e- Shoora (Parliament)] would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

(6) While a Proclamation of Emergency is in force, [250][Majlis- e- Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.

(7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and,

(a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and

(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total memberships of the two Houses in joint sitting.

(8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

233.

(1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.

(2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any Court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any Court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.

(3) Every Order made under this Article shall, as soon as may be, be laid before a joint sitting for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.

234.

(1) If the President, on receipt of a report from the Governor of a Province or otherwise, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed at a joint sitting shall, by Proclamation,

(a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly;

(b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, [250][Majlis-e-Shoora (Parliament)]; and

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:

Provided that nothing in this Article shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

(3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.

(4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

(5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of [250][Majlis-e-Shoora (Parliament)], it shall be competent-

(a) to [250][Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;

(b) to [250][Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;

(c) to the President, when [250][Majlis-e-Shoora (Parliament)] is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by [250][Majlis- e- Shoora (Parliament)] in joint sitting; and

(d) to [250][Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).

(6) Any law made by [250][Majlis-e-Shoora (Parliament)] or the President which [250][Majlis-e-Shoora (Parliament)] or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period.

235.

(1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect, and while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof.

(2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of the Province.

(3) While a Proclamation issued under this Article is in force the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation.

(4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.

236.

(1) A Proclamation issued under this part may be varied or revoked by a subsequent Proclamation.

(2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any court.

237.

Nothing in the Constitution shall prevent [250][Majlis-e-Shoora (Parliament)] from making any law indemnifying any person in the service of the Federal Government or a Provincial Government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan.

PART XI

Amendment of Constitution

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238.

Amendment of Constitution

Subject to this Part, the Constitution may be amended by Act of [255][Majlis-e-Shoora (Parliament)].

[256]

[239.

Constitution Amendment Bill

(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.

(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.

(3) 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 it is 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 votes 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.

(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.

(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.

(6) 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.]

PART XII

Miscellaneous

Chapter 1. Services

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240.

Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined-

(a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All- Pakistan Services, by or under Act of [257][Majlis- e- Shoora (Parliament)]; and

(b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly. Explanation.- In this Article, "All- Pakistan Service" means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of [257][Majlis- e- Shoora (Parliament)].

241.

Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be, the Provincial Government.

242.

(1) [257][Majlis- e- Shoora (Parliament)] in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission.

[258](1A)[The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President in his discretion.]

(2) A Public Service Commission shall perform such functions as may be prescribed by law.

Chapter 2. Armed Forces

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243.

(1) The Federal Government shall have control and command of the Armed Forces.

[258A][(1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.]

(2) The President shall, subject to law, have power-

(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces;

(b) to grant Commissions in such Forces; and

(c) to appoint the Chairman, Joint Chiefs of Staff Committee, the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances.

244.

Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.

245.

[259][(1)] The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.

(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.

Chapter 3. Tribal Areas

246.

In the Constitution,

(a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes

(i) the Tribal Areas of Baluchistan and the North- West Frontier Province; and

(ii) the former States of Amb, Chitral, Dir and Swat;

(b) "Provincially Administered Tribal Areas" means

(i) The districts of Chitral, Dir and Swat (which includes Kalam), the Tribal Area in Kohistan district, Malakand Protected Area, the Tribal Area adjoining Mansehra district and the former State of Amb; and

(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and

(i) Tribal Areas adjoining Peshawar district;

(ii) Tribal Areas adjoining Kohat district;

(iii) Tribal Areas adjoining Bannu district;

(iv) Tribal Areas adjoining Dera Ismail Khan district;

(v) Bajaur Agency,

(va) Orakzai Agency,

(vi) Mohmand Agency,

(vii) Khyber Agency;

(viii) Kurram Agency;

(ix) North Waziristan Agency, and

(x) South Waziristan Agency.

247.

(1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.

(2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.

(3) No Act of Majlis- e- Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Majlis- e- Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.

(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of Majlis- e- Shoora (Parliament), and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.

(5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.

(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:

Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.

(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless Majlis- e- Shoora (Parliament) by law otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

Chapter 4. General

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248.

(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not he answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:

Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.

(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done by or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.

249.

(1) Any legal proceedings which, but for the Constitution, could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation and has, under the Constitution, become the responsibility of a Province, shall be brought by or against the Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted.

(2) Any legal proceedings which, but for the Constitution, could have been brought by or against a Province in respect of a matter which, immediately before the commencing day, was the responsibility of the Province and has under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted.

250.

(l) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, a Chief Minister, a Provincial Minister and the Chief Election Commissioner.

(2) Until other provision is made by law,

(a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of a State, a Chief Minister, a Provincial Minister and the Chief Election Commissioner shall be the same as the salaries, allowances and privileges to which the President, the Speaker or Deputy Speaker or member of the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, a Chief Minister, a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and

(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine.

(3) The salary, allowances and privileges of a person holding office as

(a) the President;

(b) the Chairman or Deputy Chairman;

(d) a Governor;

(e) the Chief Election Commissioner; or

(f) the Auditor- General;

shall not be varied to his disadvantage during his term of office.

(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as President but shall not exercise any of the functions of the office of Chairman or Speaker member of Majlis- e- Shoora (Parliament), or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.

251.

(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.

(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.

(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the leaching, promotion and use of a Provincial language in addition to the National language.

252.

(1) Notwithstanding anything contained in the Constitution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.

(2) The giving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction.

253.

(l) Majlis- e- Shoora (Parliament) may by law

(a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and

(b) declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion complete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government.

(2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.

254.

When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.

255.

(1) An oath required to be made by a person under the Constitution shall preferably be made in Urdu or a language that is understood by that person.

(2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.

(3) Where, under the Constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.

256.

No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.

257.

When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the State shall be determined in accordance with the wishes of the people of that State.

258.

Subject to the Constitution, until Majlis-e-Shoora (Parliament) by law otherwise provides, the President may, by Order, make provisions for peace and good government of any part of Pakistan not forming part of a Province.

259.

(1) No citizen shall accept any title, honor or decoration from any foreign State except with the approval of the Federal Government.

(2) No title, honor or decoration shall he conferred by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry, meritorious service in the Armed Forces, academic distinction or distinction in the field of sports or nursing, as provided by Federal law.

(3) All titles, honors and decorations awarded to citizens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry, meritorious service in the Armed Forces or academic distinction shall stand annulled.

Chapter 5. Interpretation

260.

(1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,

"Act of Majlis- e- Shoora (Parliament)" means an Act passed by Majlis- e- Shoora (Parliament) or the National Assembly and assented to, or deemed to have been assented to, by the President;

"Act of Provincial Assembly" means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;

"agricultural income" means agricultural income as defined for the purpose of the law relating to income tax;

"Article" means Article of the Constitution;

"borrows" includes the raising of money by the grant of annuities, and "loans" shall be construed accordingly;

"Chairman" means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;

"Chief Justices", in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;

"citizen" means a citizen of Pakistan as defined by law;

"clause" means clause of the Article in which it occurs;

"corporation tax" means any tax or income that is payable by companies and in respect of which the following conditions apply:

(a) the tax is not chargeable in respect of agricultural income;

(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;

(c) no provision exists for taking the tax so paid into account in computing for the purposes of income tax the total income of individual receiving such dividends, or in computing the income tax payable by, or refundable to, such individuals;

"debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

"estate duty" means a duty assessed on, or by reference to, the value of property passing upon death;

"existing laws" has the same meaning as in clause (7) of Article 268;

"Federal laws" means a law made by or under the authority of Majlis- e- Shoora (Parliament);

"financial year" means a year commencing on the first day of July;

"goods" includes all materials, commodities and articles;

"Governor" means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;

"guarantee" includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount;

"House" means the Senate or the National Assembly;

"Joint sitting" means a joint sitting of the two Houses;

"Judge" in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes

(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and

(b) in relation to the High Court, a person who is an Additional Judge of the Court;

"members of the Armed Forces" does not include persons who are not, for the time being, subject to any law relating of the members of the Armed Forces;

"net proceeds" means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor- General;

"oath" includes affirmation;

"Part" means Part of the Constitution;

"pension" means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund;

"person" includes any body politic or corporals;

"President" means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;

"Property" includes any right, title or interest in property, movable or immovable, and any means and instruments of production;

"Provincial law" means a law made by or under the authority of the Provincial Assembly;

"remuneration" includes salary and pension;

"Schedule" means Schedule to the Constitution;

"security of Pakistan" includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;

"Service of Pakistan" means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All- Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Majlis- e- Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney- General, Advocate- General, Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister or member of a House or a Provincial Assembly;

"Speaker" means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;

"taxation" includes the imposition of any tax or duty, whether general, local or special, and "tax" shall be construed accordingly;

"tax on income" includes a tax in the nature of an excess profits tax or a business profits tax

(2) In the Constitution "Act of Majlis- e- Shoora (Parliament)" or "Federal law" or "Act of Provincial Assembly" or "Provincial law" shall include an Ordinance promulgated by the President or, as the case may be, a Governor.

(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context

(a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophet hood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and

(b) "non- Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani Group or the Lahori Group who call themselves 'Ahmadis' or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes.

261.

For the purposes of the Constitution, a person who acts an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him.

262.

(1) For the purpose of the Constitution, period of time shall be reckoned according to the Gregorian calendar.

263.

(1) In the Constitution,

(a) words importing the masculine gender shall be taken to include females; and

(b) words in the singular shall include the plural, and words in the plural shall include the singular.

264.

Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of the law or anything duly done or suffered under the law;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or

(e) affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may he imposed, as if the law had not been repealed.

Chapter 6. Title, Commencement and Repeal

265.

(1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.

(2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the "commencing day."

(3) The Constitution shall, to the extent necessary

(a) for the constitution of the first Senate;

(b) for the first meeting of a House or a joint sitting to be held;

(d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,

come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.

(4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement.

266.

The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President's Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed.

Chapter 7. Transitional

--------------------------------------------------------------------------------

267.

(1) At any time before the commencing day, or before the expiration of three months from the commencing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.

(2) An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting.

268.

(1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.

(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended without the previous sanction of the President.

(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptation, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order.

(4) The President may [280] authorise the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.

(5) The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.

(6) Any court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution.

(7) In this Article, "existing laws" means all laws (including Ordinances, Orders- in- Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extraterritorial validity, immediately before the commencing day.

Explanation:- In this Article, "in force", in relation to any law, means having effect as law whether or not the law has been brought into operation.

269.

(1) All Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one thousand nine hundred and seventy one and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive), are hereby declared notwithstanding any judgment of any Court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever.

(2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twentieth day of December, one thousand nine hundred and seventy- one, and the twentieth day of April, one thousand nine hundred and seventy- two (both days inclusive) in exercise of the powers derived from any President's Orders, Martial low Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any count, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.

(3) No suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

270.

(1) [281][Majlis- e- Shoora (Parliament)] may by law made in the manner prescribed for legislations for a matter in Part I of the Federal Legislative List validate all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty- fifth day of March, one thousand nine hundred and sixty- nine and the nineteenth day of December, one thousand nine hundred and seventy- one (both days inclusive).

(2) Notwithstanding a judgment of any court, a law made by [281][Majlis- e- Shoora (Parliament)] under clause (1) shall not be questioned in any court on any ground whatsoever.

(3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever.

(4) All orders made, proceedings taken and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty- fifth day of March, one thousand nine hundred and sixty- nine and nineteenth day of December, one thousand nine hundred and seventy- one (both days inclusive), in exercise of powers derived from any President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of any order made or sentence passed by any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by [281][Majlis- e- Shoora (Parliament)] at any time within a period of two years from the commencing day by resolution of both Houses, or in case of disagreement between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground whatsoever.

[282]

270A.

(l) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P. O. No. 11 of 1984), under which, in consequence of the result of the referendum held on the nineteenth day of December 1984. General Muhammad Zia- ul- Haq became the President of Pakistan on the day of the first meeting of the Majlis- e- Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws, made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever:

Provided that a President's Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.

(2) All order made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.

(3) All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by- laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.

Explanation. In this clause, Competent authority means-

(a) in respect of President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the Legislature; and (b) in respect of notifications, rules orders and by- laws, the authority in which the power to made, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.

(6) Such of the President's Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders" and "Chief Martial Law Administrator's Orders."

[284]

270B.

Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977 to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.

[285]

271.

(1) Notwithstanding anything contained in the Constitution, but subject to [286]Article 63, Article 64 and Article 223,Ñ

[287][(a) the first National Assembly shall consist of-:

(i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy- seven; and reference to "total membership" of the National Assembly in the Constitution shall be construed accordingly;]

(b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies [287][, or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan:

Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.

(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.

(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or easily to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.

(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period.

[289]

272. First [290]constitution of Senate

[291] Notwithstanding anything contained in the Constitution, but subject to [292][Article 63 and] Article 223,

(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty- five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word "fourteen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total memberships" of the Senate in the Constitution shall be construed accordingly,

(b) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;

(c) the term of office of members of the first group and of the second group shall respectively be two years and four years;

(d) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;

(e) 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 is elected or chosen to fill;

(f) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from the Federally Administered Tribal Areas; and

(g) the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.

[293]

273.

(1) Notwithstanding anything contained in the Constitution, but subject to [294]Article 63, Article 64 and Article 223,

[295][(a) the first Assembly of a Province under the Constitution shall consist of

(i) the members of the Assembly of that Province in existence immediately before the commencing day, and

(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy- seven; and reference to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly;]

(b) the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies[296][, or to be elected to the additional seats referred to in clause (3) of Article 106,] after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:

Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.

(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.

(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.

274. (1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.

(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that

(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and

(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of Federal Government, shall devolve upon the Federal Government.

275. (1) Subject to the Constitution and until law is made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day. (2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as

(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;

(b) Governor of a Province;

(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;

(e) Chief Election Commissioner;

(f) Attorney- General for Pakistan or Advocate- General for a Province;

(g) Auditor- General of Pakistan.

(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of [297][Majlis- e- Shoora (Parliament)] or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.

(4) Any person who under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.

(5) Subject to the Constitution and law

(a) all civil, criminal and revenue Courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and

(b) all authorities and all offices (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions.

276. Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.

277. (1) The schedule of authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy- four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.

(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the Financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of money from the Federal Consolidated Fund.

(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose

(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;

(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and

(c) any reference in those provisions to the Federal Consolidated Fund shall read as a reference to the Provincial Consolidated Fund of the Province.

278. The Auditor- General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly.

279. Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature.

280. The Proclamation of Emergency issued on the twenty- third day of November, one thousand nine hundred and seventy- one, shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the proposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made [298][and shall not be called in question in any court on the ground of inconsistency with any of the rights conferred by Chapter 1 of Part II.]

ANNEX

[Article 2(A)]

The Objectives Resolution

The Objectives Resolution was passed by the Constituent Assembly of Pakistan in March, 1949, and was made a substantive part of the Constitution of Pakistan by P.O (Presidential Order) .No.14 of 1985, Art.2 and Sch.item 2 (with effect from March 2, 1985).

Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;

This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan;

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;

Wherein adequate provision shall be made for the minorities to profess and practice their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the Judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

FIRST SCHEDULE

[Article 8(3)(b) and (4)]

Laws exempted from the operation of Article 8( 1) and (2).

PART I

I. President's Orders

1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961).
2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972).

II. Regulations

1. The Land Reforms Regulation, 1972.
2 The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The Economic Reforms (Protection of Industries) Regulation, 1972.
4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
5. The Statement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1976).
7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation 1976 (II of 1976).

III. Federal Acts

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).
4. The Rice Milling Control and Development Act, 1976 (VIII of 1976).
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).

IV. Ordinances Promulgated By The President

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V. Provincial Acts

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974)
2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975.)

VI. Provincial Ordinance

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.

PART II

I. President's Orders

1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. O. No. 2 of 1972).
3. The Cooperative Societies (Reforms) Order, 1972 (P. O. No. 9 of 1972).
4. The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of 1972).
5. The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14 of 1972).
6. The Rulers of Acceding States Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. O. No. 15 of 1972).
7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P. O. No. 16 of 1972).
8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O. No. 20 of 1972).

II. Regulations

1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. The Improper Acquisition of Property Regulation, 1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Service (Review Petition) Regulation, 1972.
17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
18. The Enemy Property (Revocation of Sales) Regulation, 1972.
19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
23. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation 1972.
24. The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.

III. Ordinances Promulgated by The President

1. The Control of Shipping Ordinance, 1959 (XIII of 1959).
2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).
3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961 (XIV of 1961).
4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).
6. The Trade Organizations Ordinance, 1961 (XLV of 1961).

IV. Federal Acts

The Censorship of Films Act, 1963 (XVIII of 1963)

V. Ordinances Promulgated By The Governor of Former Province Of West Pakistan

1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W. P. Ordinance No. XI of 1960).
2. The West Pakistan Waqf Properties Ordinance, 1961 (W. P. Ordinance No. XXVIII of 1961).
3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W. P. Ordinance No. IX of 1962).
4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W. P. Ordinance No. IV of 1963).

VI. Ordinances Promulgated By The Governor Of The North-West Frontier Province.

1. The North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N. W. F. P. Ordinance No. III of 1971).
2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N. W. F. P. Ordinance No. V of 1971).
3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N. W. F. P. Ordinance No. VIII of 1971).

SECOND SCHEDULE

[Article 4( 3)]

Election of President

1. The Chief Election Commissioner shall hold and conduct election to the office of President, and shall be the Returning Officer for such election.

2. The Chief Election Commissioner appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.

3. The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.

4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination:

Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.

5. The scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates.

6. A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice.

7. If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election Commissioner to be elected.

8. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.

9. If a candidate whose nomination has been found to be in order dies after the time for nomination, and a report of his death is received by the Presiding Officer before the commencement of the poll, the Presiding Officer shall, upon, being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

Provided further that no person who has under paragraph 6 of the this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, and respective Presiding Officers shall conduct the poll with the assistance of such officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.

11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be, of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs.

12. The poll shall be secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and person voting shall vote by placing a mark against the name of the person for whom he wishes to vote.

13. Ballot papers shall be issued from a book of ballot-papers with couterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.

14. A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer.

15. If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoil.

16. A ballot paper shall be invalid if:-

(i)

there is upon it any name, word or mark, by which the person voting may be identified; or

(ii)

it does not contain the initials of the Presiding Officer; or

(iii)

it does not contain a mark; or

(iv)

a mark is placed against the names of two or more candidates; or

(v)

there is any uncertainty as to the identity of the candidate against whose name the mark is placed.

17. After the close of the poll each Presiding Officer shall, in the presence of such of the candidates or their authorized representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election.

18. (1)

The Chief Election Commissioner shall determine the result of the election in the following manner, namely:-

(a)

the number of votes cast in the Majlis-e-Shoora (Parliament) in favor of each candidate shall be counted;

(b)

the number of votes cast in a Provincial Assembly in favor of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and

(c)

the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a).

Explanation: In this paragraph, "total number of seats" includes seats reserved for non-Muslims and women.

(2)

A fraction shall be rounded off to the nearest whole.

19. The candidate who has obtained the largest number of votes compiled in the manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.

20. Where at any poll any two or more candidates obtain an equal number of votes, the selection of the candidate to be elected shall be by drawing of lots.

21. When, after any poll, the counting of the votes has been completed, and the result of the voting determined, the Chief Election Commissioner shall forthwith announce the result to those present, and shall report the result to the Federal Government, who shall forthwith cause the result to be declared by a public notification.

22. The Chief Commissioner may, by public notification, with the approval of the President, make rules for carrying out the purposes of this Schedule.

THIRD SCHEDULE

Oaths of Office

President

[Article 42]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:

That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President.

May Allah Almighty help and guide me (A'meen).

Prime Minister

[Article 91( 4)]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do swear solemnly that l am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:

That I will bear true faith and allegiance to Pakistan:
That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, hon-estly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister except as may be required for the due discharge of my duties as Prime Minister.

May Allah Almighty help and guide me (A'meen).

Federal Minister or Minister Of State

[Article 92( 2)]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Federal Minister (or Minister of State); I will discharge my duties, and perform my func-tions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister of State), except as may be required for the due discharge of my duties as Federal Minister (or Minister of State), or as may be specially permitted by the Prime Minister.

May Allah Almighty help and guide me (A'meen).

Speaker of National Assembly or Chairman of Senate

[Article 53( 2) and 61]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am called upon to act as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, accordance with the Constitution of the Islamic Republic of Pakistan, the law and as Speaker of the National Assembly in accordance with the rules of the Assembly (or as Chairman of
the Senate in accordance with the rules of the Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

May Allah Almighty help and guide me (A'meen).

Deputy Speaker of National Assembly or Deputy Chairman Of Senate

[Article 53( 2) and 61]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, whenever I am called upon to act as Speaker of the National Assembly (or Chairman of the Senate), I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

May Allah Almighty help and guide me (A'meen).

Member of National Assembly or Member of Senate

[Article 65]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.

May Allah Almighty help and guide me (A'meen).

Governor of Province

[Article 102]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as the Governor of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of the Province of ____________ except as may be required for the due discharge of my duties as Governor.
May Allah Almighty help and guide me (A'meen).

Chief Minister or Provincial Minister

[Articles 131( 4) and 132( 2)]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as a Chief Minister (or Minister) of the Government of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Minister (or Minister) except as may be required for the due discharge of my duties as Chief Minister (or Minister) or as may be specially permitted by the Chief Minister.

May Allah Almighty help and guide me (A'meen).

Speaker of a Provincial Assembly

[Articles 53( 2) and 127]

(In the name of Allah, the most Beneficent, the most Merciful)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Speaker of the Provincial Assembly of the Province of ____________ I will discharge my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

May Allah Almighty help and guide me (A'meen).

Deputy Speaker of a Provincial Assembly

[Articles 53( 2) and 127]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity
of Pakistan:

That I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will.

May Allah Almighty help and guide me (A'meen).

Member of a Provincial Assembly

[Articles 65 and 127]

(In the name of Allah, the most Beneficent the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as a member of the Provincial Assembly of ____________, I will perform my functions honestly to the best of my ability faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.
May Allah Almighty help and guide me (A'meen).

Auditor-General of Pakistan

[Article 168( 2)]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, _________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Auditor- General of Pakistan, I will discharge my duties and perform my functions hon-estly, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law and to the best of my knowledge, ability and judgment, without fear or favor, affection or ill- will, and that I will not allow my personal interest to influence my official conduct or my official decisions.

May Allah Almighty help and guide me (A'meen).

Chief Justice of Pakistan or of a High Court or Judge of The Supreme Court or a High Court

[Articles 178 and 194]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law:

That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.

May Allah Almighty heap and guide me (A'meen.)

Chief Justice or Judge of The Federal Shariat Court

[Article 203 C (7)]

(In the name of Allah the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that, as the Chief Justice (or a Judge of the Federal Shariat Court, I will discharge my duties, and perform my functions, honestly, to the best of my ability and faithfully in accordance with law;

And that I will not allow my personal interest to influence my official conduct or my official decisions.

May Allah Almighty help and guide me (A'meen).

Chief Election Commissioner

[Article 214]

(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that as Chief Election Commissioner I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and without fear or favor, affection or ill- will, and that I will not allow my personal interest to influence my official conduct or my official decisions.

May Allah Almighty help and guide me (A'meen).

Members Of The Armed Forces

[Article 244]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.

May Allah Almighty help and guide me (A'meen).

FOURTH SCHEDULE

[Article 70(4)]

Legislative Lists

Federal Legislative List

PART I

1. The defence of the Federation or any part thereof in peace or war; the military, naval and air forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil armed forces; Federal Intelligence Bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; person subjected to such detention; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war.

2. Military, naval and air force works; local self- government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.

3. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

4. Nationality, citizenship and naturalization.

5. Migration from or into, or settlement in, a Province or the Federal Capital.

6. Admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan.

7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; Post Office Saving Bank.

8. Currency, coinage and legal tender.

9. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

10. Public debt of the Federation, including the borrowing of money on the security of the Federal Consolidated Fund; foreign loans and foreign aid.

11. Federal Public Services and Federal Public Service Commission

12. Federal Pensions, that is to say, pensions payable by the Federation or out of the Federal Consolidated Fund.

13. Federal Ombudsmen.

14. Administrative Courts and Tribunals for Federal subjects.

15. Libraries, museums, and similar institutions controlled or financed by the Federation.

16. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

17. Education as respects Pakistani students in foreign countries and foreign students in Pakistan.

18. Nuclear energy, including:-

(a) mineral resources necessary for the generation of nuclear energy;
(b) the production of nuclear fuels and the generation and use of nuclear energy, and
(c) ionizing radiations.

19. Port quarantine, seamen's and marine hospitals and hospitals connected with port quarantine.

20. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

21. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

22. Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.

23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

24. Carriage of passengers and goods by sea or by air.

25. Copyright, inventions, designs, trademarks and merchandise marks.

26. Opium so far as regards sale for export.

27. Import and export across customs frontiers as deemed by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries; standard of quality of goods to be exported out of Pakistan.

28. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Province and carrying on business only within that Province.

29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertaken by a Province, Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly.

30. Stock exchanges and future markets with objects and business not confined to one Province.

31. Corporations, that is to say, the incorporation, regulation and winding- up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Province and carrying on business only within that Province, or cooperative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not including universities.

32. National planning and national economic coordination including planning and coordination of scientific and technological research.

33. State lotteries.

34. National highways and strategic roads.

35. Federal surveys including geological surveys and Federal meteorological organizations.

36. Fishing and fisheries beyond territorial waters.

37. Works, lands and buildings vested in, or in the possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.

38. Census.

39. Establishment of standards of weights and measures.

40. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

41. Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies; Chief Election Commissioner and Election Commissions.

42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Minister, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly, and the punishment of persons who refuse to give evidence or produce documents before committees thereof.

43. Duties of customs, including export duties.

44. Duties of exercise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics.

45. Duties in respect of succession to property.

46. Estate duty in respect of property.

47. Taxes on income other than agricultural income;

48 Taxes on corporations.

49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.

50. Taxes on the capital value of the assets, not including taxes on capital gains on immovable property.

51. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.

52. Taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of any one or more of them.

53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights.

54. Fees in respect of any of the matters in this Part, but not including fees taken in any court.

55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list and, to such extent as is expressly authorized by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supplemental powers.

56. Offences against laws with respect to any of the matters in this Part.

57. Inquiries and statistics for the purposes of any of the matters in this Part.

58. Matters which under the Constitution are within the legislative competence of Majlis- e-Shoora (Parliament) or relate to the Federation.

59. Matters incidental or ancillary to any matter enumerated in this Part.

PART II

1. Railways.

2. Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously inflammable.

3. Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day, including the Pakistan Water and Power Development Authority and the Pakistan Industrial Development Corporation; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation.

4. Council of Common Interests.

5. Fees in respect of any of the matters in this Part but not including fees taken in any court.

6. Offences against laws with respect to any of the matters in this Parts.

7. Inquiries and statistics for the purposes of any of the matters in this Part.

8. Matters incidental or ancillary to any matter enumerated in this Part.

Concurrent Legislative List

1. Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power.

2. Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day.

3. Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day, the recovery in a Province or the Federal Capital of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.

4. Evidence and oath; recognition of laws, public acts and records of judicial proceedings.

5. Marriage and divorce; infants and minors; adoption.

6. Wills, intestacy and succession, save as regards agricultural land.

7. Bankruptcy and insolvency, administrators- general and official trustees.

8. Arbitration.

9. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

10. Trusts and trustees.

11. Transfer of property other than agriculture land, registration of deeds and documents.

12. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List.

13. Removal of prisoners and accused persons from one Province to another Province.

14. Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.

15. Persons subjected to preventive detention under Federal authority.

16. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Governments and the establishment of a police force for that purpose.

17. Arms, firearms and ammunition.

18. Explosives.

19. Opium, so far as regards cultivation and manufacture.

20. Drugs and medicines.

21. Poisons and dangerous drugs.

22. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting men, animals or plants.

23. Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded.

24. Environmental pollution and ecology.

25. Population planning and social welfare.

26. Welfare of labor; conditions of labor, provident funds; employer's liability and workmen's compensation, health insurance including invalidity pensions, old age pensions.

27. Trade unions; industrial and labor disputes.

28. The setting up and carrying on of labor exchanges, employment information bureaus and training establishments.

29. Boilers.

30. Regulation of labor and safety in mines, factories and oil- fields.

31. Unemployment insurance.

32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.

33. Mechanically propelled vehicles.

34. Electricity.

35. Newspapers, books and printing presses.

36. Evacuee property.

37. Ancient and historical monuments, archaeological sites and remains.

38. Curriculum, syllabus, planning, policy, centres of excellence and standards of education.

39. Islamic education.

40. Zakat.

41. Production, censorship and exhibition of cinematograph films.

42. Tourism.

43. Legal medical and other professions.

43 A. Auqaf.

44. Fees in respect of any of the matters in this List, but not including fees taken in any court.

45. Inquiries and statistics for the purpose of any of the matters in this List.

46. Offences against laws with respect to any of the matters in this List; jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List.

47. Matters incidental or ancillary to any matter enumerated in this List.

FIFTH SCHEDULE

[Article 205]

Remuneration and Terms and Conditions of Service of Judges

The Supreme Court

1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 7,900 per mensem, and to every other Judge of the Supreme Court a salary of Rs. 7,400 per mensem.

2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled.

3. The pension payable to a retired Judge of the Supreme Court shall not be less than Rs. 3,600 per mensem or more than Rs. 4,600 per mensem, depending on the length of his service as Judge in that Court or a High Court:

Provided that pension payable to a Judge of Supreme Court shall not be less favorable than that payable to him as such Judge, immediately before the commencing day.

4. The widow of a Judge of the Supreme Court shall be entitled to a pension at the following rates, namely -

(a) if the Judge dies after retirement Ð 50 percent of the net pension payable to him; or
(b) if the Judge dies after having rendered not less than three year's service as Judge and while still serving as such Ð 50 per cent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.

6. If the widow dies, the pension shall be payable--

(a) to the sons of the Judge who are less than twenty- one years of age, until they attain that age; and
(b) to the unmarried daughters of the Judge who are less than twenty- one years of age, until they attain that age or are married, whichever first occurs.

The High Court

1. There shall be paid to the Chief Justice of a High Court a salary of Rs 7,200 per mensem and to every other Judge of a High Court a salary of Rs. 6,500 per mensem.

2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights, to which, immediately before the commencing day, the Judges of the High Court were entitled.

3. The pension payable to a Judge of a High Court who retires after having put in not less than five years service as Judge shall not be less than Rs. 2,400 per mensem or more than Rs. 4,200 per mensem, depending on the length of his service as Judge and total service, if any, in the service of Pakistan.

4. The widow of a Judge of the High Court shall be entitled to a pension at the following rates, namely:-

(a) if the Judge dies after retirement 50 per cent of the net pension payable to him; or
(b) if the judge dies after having rendered not less than five years service as Judge and while still serving as such - 50 per cent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow for life, or, if she remarries, until her marriage.
6. If the widow dies, the pension shall be payable--

(a) to the sons of the Judge who are less than twenty- one years of age, until they attain that age; and

(b) to the unmarried daughters of the Judge who are less than twenty- one years of age, until they attain that age or are married, whichever first occurs.

SIXTH SCHEDULE

[Article 268 (2)]

Laws not to be Altered, Repealed or Amended without the Previous Sanction of the President

1. The Improper Acquisition of Property Regulation, 1969.
2. The Removal from Service (Special Provisions) Regulation, 1969.
3. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
4. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
5. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
6. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
7. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
8. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
9. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
10. The Foreign Exchange Repatriation Regulation, 1972.
11. The Foreign Assets (Declaration) Regulation, 1972.
12. The Removal from Service (Special Provisions) Regulation, 1972.
13. The Land Reforms Regulation, 1972.
14. The Removal from Service (Review Petition) Regulation, 1972.
15. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
16. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
17. The Enemy Property (Revocation of Sales) Regulation, 1972.
18. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
19. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.
20. The West Pakistan Industrial Development Corporation (Revision of Sales or Transfer) Regulation, 1972.
21. The Economic Reforms (Protection of Industries) Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
23. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24. The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.

SEVENTH SCHEDULE

[Article 270-A(6)]

Laws to be amended in the manner provided for amendment of the Constitution

[This schedule was added by Section 20 of the Eighth Amendment Act (1985)]

Presidents Orders

1. Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and Administration) Order, 1978 (P. O. No. 4 of 1978).
2. The Cantonments (Urban Immovable Property Tax and Entertainment Duty) Order, 1979 (P. O. No. 13 of 1979).
3. The Pakistan Defence Officers Housing Authority Order, 1980 (P. O. No. 7 of 1980).
4. The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P. O. No. 3 of 1982).
5. The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P. O. No. 1 of 1983).
6. The Aga Khan University Order, 1983 (P. O. No. 3 of 1983).
7. The National College of Textile Engineering (Governing Body and Cess) Order, 1983 (P. O. No. 11 of 1983).
8. The Lahore University of Management Sciences Order, 1985 (P. O. No. 25 of 1985).

Ordinances

1. The International Islamic University Ordinance, 1985 (XXX of 1985).

AMEMDMENTS

CONSTITUTION ( FIRST AMENDMENT) ACT, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 8th May 1974]

The following Act of Parliament received the assent of the President on the 4th May 1974 and is hereby published for general information.

Whereas it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing .

It is hereby enacted as follows:-

Short title and commencement

(1)

This act may be called the Constitution (First Amendment ) Act ,1974.

(2)

It shall come into force at once.

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 ;

(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.’’

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.

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.”

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.

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.

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

“(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”.

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”.

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--

“ 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.”

CONSTITUTION ( SECOND AMENDMENT) ACT, 1974

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 21st September, 1974]

The following Act of Parliament received the assent of the President on 17th September,1974, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:-

1- Short title and commencement.

(1) This Act may be called the CONSTITUTION ( SECOND AMENDMENT) ACT, 1974

(2) It shall come into force at once.

2- Amendment of Article 106 of the Constitution.

In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 106, in clause (3) after the words “communities” the words and brackets “ and persons of Quadiani group or the Lahori group (who call themselves `Ahmadis` ) shall be inserted.

3- Amendment of Article 260 of the Constitution.
In the Constitution, in Article 260, after clause (2) the following new clause shall be added, namely —

(3) A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever , after MUHAMMAD ( Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law’’

CONSTITUTION (THIRD AMENDMENT) ACT, 1975

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 18th February, 1975]

The following Act of Parliament received the assent of the President on the 13th February, 1975, and is hereby published for general information :-

Whereas it expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is enacted as follows :-

Short title and commencement.

(1)

This Act may be called Constitution (Third Amendment) Act, 1975.

(2)

It shall come into force at once.

Amendment of Article 106 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 10,--

(a)

In clause (4), for the words "one month" twice occurring the words “three months” shall be substituted;

(b)

In clause (5) for the words and comma “as soon as may be, but not latter than one week ”the words "within fifteen days" shall be substituted; and

(c)

In clause (7), in the proviso; after the word “ enemy “ ,the commas and words “, or who is acting or attempting to act in a manner prejudicial to the integrity, security of defense of Pakistan or any part thereof or who commits or attempt to commit any act which amounts to an anti-national activity as defined in a Federal Law or is a member of any association which has for its object, or which indulges him, any such anti-national activity ” shall be added.

Amendment of Article 232 of the Constitution.

In the Constitution, in Article 232, in clause (7), for paragraph (b) the following new clause shall be substituted, namely—

“ (b) shall, subject to the provisions of paragraph (a) cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.”

CONSTITUTION (FOURTH AMENDMENT) ACT, 1975

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 25th November, 1975]

Received the assent of the President on 2lst November,1975 further to amend the Constitution of the Islamic Republic of Pakistan.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

Short title and commencement.

(1)

This Act may be called the Constitution (Fourth Amendment) Act 1975.

(2)

It shall come into force at once.

Amendment of Article 8 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8, --

(a) in clause (3), for paragraph (b) the following shall be substituted, namely

"(b) any of the--

(i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that schedule;

(ii) other laws specified in Part I of the First Schedule,"

(c)(sic) in clause (4), for the words and commas "the First Schedule, not being a law which relates to, or is connected with, economic reforms," the words and figure "Part II of the First Schedule" shall be substituted.

Amendment of Article 17 of the Constitution.

In the Constitution, in Article 17, in clause (1), for the words "morality or public order" the words "sovereignty or integrity of Pakistan, public order or morality" shall be substituted.

Amendment of Article 19 of the Constitution.

In the Constitution,in Article 19, for the word "defamation" the words "commission of" shall be substituted.

Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51,

(a) after clause (2), the following new clause shall be inserted, namely:-

"(2-A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Article 106.";

and

(b) After clause (4), the following new clause shall be inserted, namely :-

"(4-A) 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 (2-A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1)"

Amendment of Article 54 of the Constitution.
In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end , namely:-

"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."

Amendment of Article 106 of the Constitution.

In the Constitution, in Article 106, in clause (3),--

(a) for the word "or," occurring for the second time; the words "and other non-Muslims and persons belonging to" shall be substituted; and

(b) for the figure "3" against the Province of the Punjab the figure "5" shall be substituted.

Amendment of Article 199 of the Constitution.

In the Constitution, in Article 199,--

(a) after clause (3), the following new clause shall be inserted, namely:-

"(3-A} A High Court shall not make an order under clause (1)

(a) prohibiting the making of an order for the detention of a person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.";

and

"(4-A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, assessment or collection of public revenues shall cease to have effect on the expiration of a period of sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the court earlier."

Amendment of Article 271 of the Constitution.

In the Constitution, in Article 271, in clause (1),

(a) after the words "subject to", the word, figure and comma "Article 63," shall be inserted;

(b) for paragraph (a) the following shall be substituted, namely :-

"(a) the first National Assembly shall consist of-

(i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of Assembly to fill the seats referred to in clause (2-A) of Article 51,

and unless sooner dissolved, shall continue until the fourteenth day August, one thousand nine hundred and seventy seven; and reference to "total membership of the National Assembly in the Constitution shall be construed accordingly;

(c) in paragraph (b), after the word "vacancies" the commas, words, brackets, figures and letter, "or to be elected to the additional seats referred to in clause (2-A) of Article 51," shall be inserted.

10.

Amendment of Article 272 of the Constitution.

In the Constitution, in Article 272,-

(a) the brackets and figure (1) occurring after the figure '272', shall be omitted ; and

(b) After the words "subject to", the words and figure "Article 63 and" shall be inserted.

11.

Amendment of Article 273 of the Constitution.

In the Constitution, in Article 273; in clause (1),-

(a) After the words "subject to", the word, figure and comma "Article 63," shall be inserted ;and

(b) for paragraph (a) the following shall be substituted, namely:-

"(a) the first Assembly of a Province under the Constitution shall consist of -

(i) the members of the Assembly of that Province in existence immediately before the commencing day, and

(ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven ; and reference to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly,';

and

(c) in paragraph (b), after the word "vacancies", the commas, words, brackets, and figures ", or to be elected to the additional seats referred to in clause (3) of Article 106," shall be inserted.

12.

Substitution of the First Schedule to the Constitution.

In the Constitution, for the First Schedule the Schedule set out in the Schedule to this Act shall be substituted.

13.

Amendment of the fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule, in the Concurrent Legislative List, after entry 43, the following new entry shall be inserted, namely;-

"43-A. Auqaf"

14.

Certain orders shall cease to have effect after specified period.

An interim order such as is referred to in clause (4-A) of Article 199 of Constitution, made by High Court before the commencement of this Act shall cease to have effect at the expiration of sixty days from such commencement, unless the case is finally decided, or the interim order is withdrawn, by the Court earlier.

THE SCHEDULE

(See section 12)

"FIRST SCHEDULE"

[ Article 8 (3)(b) and (4) ]

Laws exempted from the operation of Article 8 (1) and (2).

PART I

I. PRESIDENT'S ORDERS

1. The Acceding State (Property) Order,1961 (P.O. No.12 of 1961)
2. The Economic Reforms Order, I972 (P.O No.1 of 1972).

II. REGULATIONS

1. The Land Reforms Regulation,1972.
2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The Economic Reforms (Protection of Industries) Regulation, 1972.
4. The Distribution of Property (Chitral) Regulation,1974 (II of 1974).
5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) Amendment) Regulation, I975 (II of 1975).

III. FEDERAL ACTS

1. The Land Reforms (Amendment) Act,1974 (XXX of 1974).
2. The Land Reforms (Amendment ) Act,1975 (XXXIX of 1975).

IV. ORDINANCES PROMULGATED BY THE PRESIDENT

The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

V.—PROVINCIAL ACTS

1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974)
2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment ) Act, 1975 (Baluchistan Act VII of 1975).

PART II

I. PRESIDENTS ORDERS

1. The Minerals (Acquisition and Transfer) Order,1961 (P.O. No.8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O No. 2 of 1972).
3. The Co-operative Societies (Reform) Order,1972 (P.O. No. 9of 1972).
4. The Life insurance (Nationalization) Order,1972 (P.O .No.10 of 1972).
5. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972).
6. The Rulers of Acceding states (Abolition of Privy Purses and Privileges) Order,1972 (P.O. No. 15 of 1972).
7. The Industrial Sanctions and Licenses (Cancellation) Order, 1972 (P.O. No. 16 of 1972)
8. The Criminal Law Amendment (Special Courts) Order, 1972 (P.O.20 of 1972)

II. REGULATIONS

1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income-tax (Correction of Returns and False Declaration ) Regulation, 1969.
5. The Improper Acquisition of Property Regulation,1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The Governrnent Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
9. The Enemy Property (Payment of Money Due to Enemy ) Regulation, 1970.
10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awamy League (Scrutiny of Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Service (Review Petition) Regulation, 1972.
17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
18. The Enemy Property (Revocation of Sales) Regulation, 1972.
19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972
20. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation,1972.
21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and Directors) Reguiation, 1972.
23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.

CONSTITUTION (FIFTH AMENDMENT) ACT, 1976

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]

The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

Short title and commencement.

(1)

This Act may be called the Constitution (Fifth Amendment) Act 1976.

(2)

It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.

Amendment of Article 101 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-

"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."

Amendment of Article 160 of the Constitution.

In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :-

"(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;"

Amendment of Article l75 of the Constitution.

In the Constitution, in Article 175 in clause (3), for the word "three" the word "five" shall be substituted.

Amendment of Article 179 of the Constitution.

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :-

"(2)

The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :-

(a)

to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b)

to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3)

When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4)

A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5)

The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

Amendment of Article 180 of the Constitution.

In the Constitution, in Article 180, for the words "the most senior of the other Judges of the Supreme Court" the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article" shall be substituted.

Amendment of Article 187 of the Constitution.

In the Constitution, in Article 187, in clause (1), for the word "The" the words, brackets, figures and comma "Subject to clause (2) of Article 175, the" shall be substituted.

Amendment of Article 192 of the Constitution.

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :-

"(2)

The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

(3)

The President shall , by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the order of the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit."

Amendment of Article 195 of the Constitution.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :-

"(2)

The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:-

(a)

to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b)

to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3)

When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4)

A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.

(5)

The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

10.

Amendment of Article 196 of the Constitution.

In the Constitution, in Article 196, for the words "the most senior of the other Judges of the High Court" the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" shall be substituted.

11.

Amendment of Article 199 of the Constitution.

In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :-

"(3-A)

A High Court shall not make under this Article -

(a)

an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b)

an order for the release on bail of any person detained under any law providing for preventive detention;

(c)

an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any Court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any Court or tribunal;

(d)

an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or

(e)

any other interim order in respect of any person referred any of the preceding paragraphs.

(3-B)

Every such order as is referred to in clause (3-A), made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3-C)

The provisions of clauses (3-A) and (3-B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3-A) that may be pending before the Supreme Court immediately before the commencement of the Constitution ( Fifth Amendment) Act, 1976."

12.

Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, 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 such consent, or consultation with the Chief Justice of the High Courts, shall not be necessary if such transfer is for a period not exceeding one year at a time.
Explanation. In this Article, "Judge" does not include a " Chief Justice".

13.

Amendment of Article 204 of the Constitution.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :-

"(2)

A Court shall have the power to punish a person for contempt of Court in accordance with law".

14.

Amendment of Article 206 of the Constitution.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:-

"(2)

A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service if any, in the service of Pakistan.

15.

Amendment of Article 212 of the Constitution.

In the Constitution, in Article 2I2, in clause (2) after the word "Tribunal" occurring for the third time, the commas and words "other than an appeal pending before the Supreme Court," shall be inserted and shall be deemed always to have been so inserted.

16.

Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in the definition of "Service of Pakistan", after the word and comma "Attorney-General", the word and comma "Advocate-General," shall be inserted.

17.

Amendment of Article 280 of the Constitution.

In the Constitution, in Article 280, after the word "made" at the end, the words and figures "and shall not be called in question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II" shall be added and shall be deemed always to have been so added.

18.

Amendment of the First Schedule to the Constitution.

In the Constitution, in the First Schedule, in Part I, --

(a)

under the sub-heading " II REGULATIONS", after entry 6, the following new entry shall be added, namely :-

"7.

The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976)."

(b)

under the sub-heading " III FEDERAL ACTS", after entry 2, the following new entries shall be added, namely :-

"3.

The Flour Milling Control and Development Act, 1976 (LVII of 1976).

The Rice Milling Control and Development Act, (LVIII of 1976).

The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)."

and

(c) after the sub-heading "V PROVINCIAL ACT" and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976."

19. Amendment of the Fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule,-

(a)

in the Federal Legislative List,-

(i)

in Part I, for entry 49 the following shall be substituted, namely:-

"49.

Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed."; and

(ii)

in Part II, in entry 3, for the words "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation" shall be substituted; and

(b)

in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :-

"41.

Production, censorship and exhibition of cinematograph films."

CONSTITUTION (FIFTH AMENDMENT) ACT, 1976

An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]

The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information.

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing,

It is hereby enacted as follows :-

Short title and commencement.

(1)

This Act may be called the Constitution (Fifth Amendment) Act 1976.

(2)

It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.

Amendment of Article 101 of the Constitution.

"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.

(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."

Amendment of Article 160 of the Constitution.

In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :-

"(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;"

Amendment of Article l75 of the Constitution.

In the Constitution, in Article 175 in clause (3), for the word "three" the word "five" shall be substituted.

Amendment of Article 179 of the Constitution.

In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :-

"(2)

(a)

to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b)

to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3)

(4)

A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5)

The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

Amendment of Article 180 of the Constitution.

Amendment of Article 187 of the Constitution.

In the Constitution, in Article 187, in clause (1), for the word "The" the words, brackets, figures and comma "Subject to clause (2) of Article 175, the" shall be substituted.

Amendment of Article 192 of the Constitution.

In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :-

"(2)

The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.

(3)

Amendment of Article 195 of the Constitution.

In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :-

"(2)

(a)

to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b)

to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3)

(4)

A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.

(5)

The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."

10.

Amendment of Article 196 of the Constitution.

11.

Amendment of Article 199 of the Constitution.

In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :-

"(3-A)

A High Court shall not make under this Article -

(a)

an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b)

an order for the release on bail of any person detained under any law providing for preventive detention;

(c)

(d)

an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or

(e)

any other interim order in respect of any person referred any of the preceding paragraphs.

(3-B)

(3-C)

12.

Amendment of Article 200 of the Constitution.

In the Constitution, in Article 200, in clause (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :-

13.

Amendment of Article 204 of the Constitution.

In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :-

"(2)

A Court shall have the power to punish a person for contempt of Court in accordance with law".

14.

Amendment of Article 206 of the Constitution.

In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:-

"(2)

15.

Amendment of Article 212 of the Constitution.

16.

Amendment of Article 260 of the Constitution.

In the Constitution, in Article 260, in the definition of "Service of Pakistan", after the word and comma "Attorney-General", the word and comma "Advocate-General," shall be inserted.

17.

Amendment of Article 280 of the Constitution.

18.

Amendment of the First Schedule to the Constitution

In the Constitution, in the First Schedule, in Part I, --

(a)

under the sub-heading " II REGULATIONS", after entry 6, the following new entry shall be added, namely :-

"7.

The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976)."

(b)

under the sub-heading " III FEDERAL ACTS", after entry 2, the following new entries shall be added, namely :-

"3.

The Flour Milling Control and Development Act, 1976 (LVII of 1976).

The Rice Milling Control and Development Act, (LVIII of 1976).

The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)."

and

(c) after the sub-heading "V PROVINCIAL ACT" and the entries relating thereto, the following new sub-heading and entry shall be added, namely :-

VI. PROVINCIAL ORDINANCE

The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976."

19. Amendment of the Fourth Schedule to the Constitution.

In the Constitution, in the Fourth Schedule,-

(a)

in the Federal Legislative List,-

(i)

in Part I, for entry 49 the following shall be substituted, namely:-

"49.

Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed."; and

(ii)

in Part II, in entry 3, for the words "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation" shall be substituted; and

(b)

in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :-

"41.

Production, censorship and exhibition of cinematograph films."

CONSTITUTION (SEVENTH AMENDMENT) ACT, 1977

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th May, 1977]

The following Act of Parliament received the assent of the President on 16th May,1977, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:-

Short title, commencement and duration.

(1) This Act may be called the Constitution (Seventh Amendment) Act,1977.

(2) It shall come into force at once and section 4 shall be deemed to have taken effect on the twenty-first day of April 1977.

(3) Section 2 shall cease to be in force on the thirteenth day of September, 1977.

Insertion of new Article 96-A, in the Constitution.

In the Constitution of the Islamic Republic of Pakistan , hereinafter referred to as the Constitution, after Article 96, the following new Article shall be inserted, namely :-

"96-A

Referendum as to confidence in Prime Minister.

(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause matter to be referred to a referendum in accordance with law made by Parliament.

(2) The law referred to in clause ( 1) shall provide for the Constitution of Referendum Commission and the manner and mode of holding a referendum.

(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct a referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.

(4) Any dispute arising in connection with the counting of votes at referendum shall be finally determined by the Referendum Commission or a member thereof authorized by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any court or other authority whatsoever.

(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation with in the meaning of Article 94.".

Amendment of Article 101 of the Constitution.

In the Constitution ,in Article 101, in clause (2-A), for the word, brackets, letter and figures "an Order under paragraph ( c) of clause (2) of Article 232 or a Proclamation under" the words and figure" a Proclamation under article 232 or" shall be substituted.

Amendment of Article 245 of the Constitution.

In the Constitution Article 245 shall be renumbered as clause (1), of that Article and, after clause (1) renumbered as aforesaid, the following new clauses shall be added, namely;--

"(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any Court.

(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being , acting in aid of civil power in pursuance of Article 245:

(4) Any proceeding in relation to an area referred to in clause (3), instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting."

CONSTITUTION (EIGHT AMENDMENT) ACT, 1985

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, 11th November, 1985]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November, 1985, and is hereby published for general information:-

Whereas it is expedient further to amend the constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement.

(1)

This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2)

It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 48,-

(a)

in clause (1),-

(i)

for the commas and words ",the Prime Minister, or appropriate Minister" the words "or the Prime Minister" shall be substituted; and

(ii)

for the proviso the following shall be substituted, namely :

"Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.";

(b)

in clause (2), after the words "do so", at the end, the words " and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever" shall be added ;

(c)

clause (3) shall be omitted ; and

(d)

clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted.

3. Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be substituted.

4. Amendment of Article 56 of the Constitution.

In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:

"(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.

5. Amendment of Article 58 of the Constitution.

In the Constitution, in Article 58,--

(a)

in clause (1), in the Explanation, for the words "resolution for a vote of no confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b)

for clause (2) the following shall be substituted, namely:

"(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 member’s 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

(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.

Amendment of Article 59 of the Constitution

In the Constitution, in Article 59-

(a)

in clause (1), in paragraph (c), for the word "chosen" the word "elected" shall be substituted:

(b)

in clause (3),

(i)

for paragraphs (a), (b) and (c); the following shall be substituted, namely :-

"(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;

(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".

(ii)

in the proviso, the words "or chosen" shall be omitted; and

(c)

clause (4} shall be omitted.

7. Amendment of Article 60 of the Constitution.

In the Constitution, in Article 60, in clause (2), for the word "two" the word "three" shall be substituted.

8. Amendment of Article 75 of the Constitution. In the Constitution, in Article 75,-

(a)

in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and

(b)

for clause (2) the following shall be substituted, namely ;-

"(2)

When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shora (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 not withhold assent therefrom."

9. Amendment of Article 90 of the Constitution.

In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added, namely:-

(2)

Nothing contained in clause (1) shall—

(a)

be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or

(b)

prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other than the President.".

10. Amendment of Article 91 of the Constitution.

In the Constitution, in Article 91,-

(a)

after clause (2), the following new clause shall be inserted, namely:-

"(2-A)

Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution."

(b)

in clause (3), after the brackets and figure "(2)", the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2-A)" shall be inserted; and

(c)

for clause (5) the following shall be substituted, namely :-

(5)

The Prime Minister. shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly,".

11. Amendment of Article 101 of the Constitution.

In the Constitution, in Article 101,-

(a)

in clause (1), for the words "in his discretion" the words "after consultation with the Prime Minister." shall be substituted;

(aa)

in clause (2), the proviso shall be omitted;

(b)

clause (2-A) shall be omitted; and

(c)

in clause (5), after the word "Governor", at the end, the words "in any contingency not provided for in this Part" shall be added.

12. Amendment of Article 105 of the Constitution. In the Constitution in Article 105,-

(a)

in clause (1),-

(i)

for the comma and words ", Chief Minister or appropriate Minister" the words " or the Chief Minister" shall be substituted;

(ii)

for the first proviso, the following shall be substituted, namely:-

"Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration." and ,

(iii)

the second proviso shall be omitted ;

(b)

in clause (2), for the comma and words ", the Cabinet or a Minister" the words "or the Cabinet" shall be substituted; and

(c)

in clause (5), for the brackets and figure "(3)" the brackets and figure "(2) shall be substituted.

13. Amendment of Article 106 of the Constitution.

In the Constitution in Article 106, in clause (4), for the word "second" the word "third" shall be substituted.

14. Amendment of Article 112 of the Constitution. In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:-

(a)

in clause (1), renumbered as aforesaid, in the Explanation, for the word "resolution for a vote of no-confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b)

after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

"(2)

The Governor may also dissolve the Provincial Assembly in his discretion but subject to the previous approval of the President, where, in his opinion,-

(a)

a vote of no-confidence having been passed against the Chief Minister, nt other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions 0 the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose ; or

(b)

a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

15. Amendment of Article 116 of the Constitution.

In the Constitution in Article 116,-

(a)

in clause (2) for the word "forty-five" the word "thirty" shall be substituted and

(b)

for clause (3) the following shall be substituted, namely;

"(3)

When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent therefrom.".

16. Amendment of Article 130 of the Constitution.

In the Constitution, in Article 130,-

(a)

after clause (2), the following new clause shall be inserted, namely:-

"(2-A)

Notwithstanding anything contained in clause (2), .after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the provisions of the Constitution."

(b)

in clause (3), after the brackets and figure "(2)" the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2-A)" shall be inserted; and

(c)

for clause (5) the following shall be substituted, namely .-

"(5)

The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly."

17. Amendment of Article 144 of the Constitution.

In the Constitution, Article 144, clause (2) shall be omitted.

18. Omission of Article 152-A of the Constitution.

In the Constitution, Article 152-A shall be omitted.

19. Substitution of Article 270-A of the Constitution.

In the Constitution for Article 270-A the following shall be substituted, namely:--

"270-A Affirmation of President's Orders, etc.

(1?)

The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances. Martial Law Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No 11 of 1984), under which in consequence of the result of the referendum held on the nineteenth day December 1984, General Muhammad Zia-ul-Haq became the President the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985(P.O.20 of 1985) the Constitution (Third Amendment) Order, 1985 (P O.No.24 of 1985) and all other laws made between the fifth day of July, 1977and the date on which Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any Court on any ground whatsoever;

Provided that a President's Order', Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.

(2)

All order’s made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done between the fifth day of July, 1977, and the date on which this Article comes into force in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notification rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any Court on any ground whatsoever.

(3)

All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.

Explanation. In this clause, "competent authority" means, -

(a)

in respect of President's 0rders, Ordinances, Martial Law Regulation Martial Law Orders and enactments, the appropriate Legislature; and

(b)

in respect of notifications, rules , orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4)

No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or. act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with order's made or sentences passed in exercise or purported to exercise of such powers.

(5)

For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purposes intended to be served thereby.

(6)

Such of the President's Orders and 0rdinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator’s Orders" and "Chief Martial Law Administrator’s Orders.".

20. Addition of new Schedule to the Constitution.

In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely:-

SEVENTH SCHEDULE [Article 270-A(6)]

Laws to be amended in the manner provided for amendment of the Constitution.
PRESIDENT’S ORDERS

(1)

The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O. No. 13 of 1978).

(2)

The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O. No. 13 of 1979).

(3)

The Pakistan Defence Officer's Housing Authority Order, 1980 (P.O.No.7 of 1980).

(4)

The Foreign Currency Loans (Rate of Exchange) Order, 1982(P.O.No.3 of 1982).

(5)

The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).

(6)

The Agha Khan University Order, 1983 (P.O. No. 3 of 1983).

(7)

The National College of Textile Engineering (Governing Body and Cess ) Order, 1983 (P.O. No. 11 of 1983).

(8)

The Lahore University of Management Science Order, 1985 (P.O.No.25 of 1985).

ORDINANCES

(1)

The International Islamic University Ordinance, 1985 (XXX of 1985).

CONSTITUTION (NINTH AMENDMENT) ACT, 1985

An Act further to amend the Constitution of the Islamic Republic of Pakistan

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

Short title and commencement.

(1) This Act may be called the Constitution (Ninth Amendment) Act, 1985.

(2) It shall come into force at once.

Amendment of Article 2 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 2, after the word "Pakistan", at the end, the words "and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government" shall be added.

Amendment of Article 203B of the Constitution.

In the Constitution, in Article 203B, in paragraph (c),

(a) For the comma after the word "Constitution" a full stop shall be substituted; and

(b) The words, commas and semi-colon "Muslim Personal Law, any law relating to the procedure of any Court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and shall be omitted.

4. Amendment of Article 203D of the Constitution.

In the Constitution, in Article 203D, after clause (3) the following new clause shall be added namely:

(3-A) Notwithstanding anything contained in this chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the Injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the Injunctions of Islam:

Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.

(3-B) Notwithstanding anything contained in the Constitution including this chapter or clause (3-A) or anything done pursuant thereto, or any law or any judgment of any Court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject -matter of decision of the Court referred to in clause (3-A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature in substitution of such exiting laws as a consequence of the final decision of the Court, as stated in clause (3-A), and until the said laws have been enforced:

Provided that nothing contained in clauses (3-A) and (3-B) shall apply to assessment made, orders passed, proceedings pending and amount payable or recovered before the enforcement of the laws enacted in pursuance of clause (3-A).

Statement of objects and reasons.

In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively provide that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.

CONSTITUTION (TENTH AMENDMENT) ACT, 1987

An Act to further amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 29th March, 1987]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 25th March, I987, and is hereby published for general information:-

Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing :

It is hereby enacted as follows :-

Short title and commencement.

(1)

This Act may be called the Constitution (Tenth amendment) Act,1987.

(2)

It shall come into force at once.

Amendment of Article 54 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 54, in clause (2) , in the proviso, for the word "sixty” the word "thirty" shall be substituted .

Amendment of Article 61 of the Constitution.

In the Constitution, in Article 61, for the words "one hundred and sixty" the words "one hundred and thirty” shall be substituted.

Withdrawn, not a part of constitution

THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1989

A Bill further to amend the Constitution of the Islamic Republic of Pakistan

Whereas it is expedient to further amend the Constitution of the Islamic Republic of Pakistan for the purpose herein appearing.

It is hereby enacted as follows:-

Short title and commencement.--

(1)

This act may be called the Constitution (Eleventh Amendment) Act, 1989.

(2)

It shall come into force at once.

Amendment of Article 51 of the Constitution.-

In the Constitution of the Islamic Republic of Pakistan, in clause 4 of Article 51, for the word “third” occurring before the words “general election”, the word “fourth” shall be substituted.

CONSTITUTION (TWELFTH AMENDMENT) ACT, 1991

An Act to further amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing.

It is hereby enacted as follows :--

Short title, commencement and duration.

(1)

This Act may be called the Constitution (Twelfth Amendment) Act, 1991.

(2)

It shall come into force at once.

(3)

The provisions of this Act, shall remain in force for a period of three years, and, on the expiration of the said period, Article 212-B shall cease to form part of the Constitution and shall stand repealed.

Addition of new Article 212-B in the Constitution. In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Part VII, in Chapter 4, after Article 212, the following new Article shall be added, namely:-

212-B. Establishment of Special Courts for trial heinous offences.

(1)

In order to ensure speedy trial of cases of persons accused of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorized by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.

(2)

Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.

(3)

A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.

(4}

A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.

(5)

The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Court as the Federal Government may consider necessary and an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of –

(a)

a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan, and

(b)

two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.

(6)

Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise Jurisdiction.

(7)

A Special Court and a Supreme Appellate Court shall decide a case or , as the case may be, an appeal with thirty days.

(8)

Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.

Amendment of Fifth Schedule to the Constitution.

(1)

in the Part relating to the Supreme Court, --

(a)

in the first paragraph,--

(i)

for the figure "7,900" the figure "9,900", and for the figure "7,400" the figure "9,500", shall be substituted; and

(ii)

After the words "per mensem" , at the end, the commas and words "or such higher salary as the President may, from time to time, determine" shall be added ; and

(b)

for the third paragraph the following shall be substituted, namely:--

"3.

The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a high Court

Provided that the President may, form time to time, raise the minimum or maximum amount of pension so specified :-

Judge	Minimum amount	Maximum amount
Chief Justice	Rs. 7,000	Rs. 8,000
Other Judge	Rs. 6,250	Rs. 7,125

and

(2)

in the Part relating to the High Court,--

(a)

in the first paragraph,--

(i)

for the figure “7,200” the figure “9,400” and for the figure “6,500” the figure “8,400”, shall he substituted; and

(ii)

after the words “per mensem”, at the end, the commas and words “or such higher salary as the President may, from time to time, determine” shall be added ; and

(b)

for the third paragraph the following shall be substituted, namely:--

“3.

The pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the his service as Judge and total service, if any, in the service of Pakistan :

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-

Judge	Minimum amount	Maximum amount
Chief Justice	Rs. 5,640	Rs. 7,050
Other Judge	Rs. 5,040	Rs. 6,300”