(In the name of Allah, the Beneficent, and the Merciful)

THE CONSTITUTION OF THE ISLAMIC

REPUBLIC OF PAKISTAN
[12
TH
APRIL, 19!"
Preamble
Whereas sovereignty over the entire Universe belongs to Almighty Allah alone and the authority to be
exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an order:
Wherein the !tate shall exercise its powers and authority through the chosen representatives of the
people;
Wherein the principles of democracy" freedom" e#uality" tolerance and social $ustice" as enunciated by
%slam" shall be fully observed;
Wherein the &uslims shall be enabled to order their lives in the individual and collective spheres in
accordance with the teachings and re#uirements of %slam as set out in the Holy 'uran and !unnah;
Wherein ade#uate provision shall be made for the minorities freely 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 (ederation 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 e#uality of status" of opportunity and before
law" social" economic and political $ustice" and freedom of thought" expression" belief" faith" worship and
association" sub$ect to law and public morality;
Wherein ade#uate provision shall be made to safeguard the legitimate interests of minorities and
backward and depressed classes;
Wherein the independence of the $udiciary shall be fully secured;
Wherein the integrity of the territories of the (ederation" its independence and all its rights" including its
sovereign rights on land" sea and air" shall be safeguarded;
!o that the people of Pakistan may prosper and attain their rightful and honoured place amongst the
nations of the World and make their full contribution towards international peace and progress and
happiness of humanity:
)ow" therefore" we" the people of Pakistan"
*onscious of our responsibility before Almighty Allah and men;
*ongnisant of the sacrifices made by the people in the cause of Pakistan;
(aithful to the declaration made by the (ounder of Pakistan" 'uaidiA+am &ohammad Ali ,innah" that
Pakistan would be a democratic !tate based on %slamic principles of social $ustice;
-edicated to the preservation of democracy achieved by the unremitting struggle of the people against
oppression and tyranny;
%nspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian
society through a new order;
-o hereby" through our representatives in the )ational Assembly" adopt" enact and give to ourselves" this
*onstitution.
PART I-
INTRODUCTORY
/
1. The Repbl!" a#$ !%& %err!%'r!e&. 0/1 Pakistan shall be a (ederal 2epublic to be known as the
%slamic 2epublic of Pakistan" hereinafter referred to as Pakistan.
3
4031 5he *onstitution shall apply to the following territories of Pakistan:
0a1 5he Provinces of
6
47aluchistan8" the
9
4:hyber Pakhtunkhwa8" the Pun$ab and
;
4!indh8;
0b1 5he %slamabad *apital 5erritory hereinafter referred to as the (ederal *apital;
0c1 5he (ederally Administered 5ribal Areas; and
0d1 !uch !tates and territories as are or may be included in Pakistan" whether by accession or otherwise.
061
<
4&a$lise!hoora 0Parliament18 may by law admit into the (ederation new !tates or areas on such
terms and conditions as it thinks fit.
(. I&lam %' be S%a%e rel!)!'#. %slam shall be the !tate religion of Pakistan.
=
*(A. The Ob+e"%!,e& Re&'l%!'# %' -'rm par% '- &b&%a#%!,e pr',!&!'#&.- the principles and
provisions set out in the >b$ectives 2esolution reproduced in the Annex are here by made
substantive part of the *onstitution and shall have effect accordingly..
/. El!m!#a%!'# '- e0pl'!%a%!'#. 5he !tate shall ensure the elimination of all forms of exploitation
and the gradual fulfillment of the fundamental
___________________________________________________________________________
________
/
5he provision of the *onstitution except those of Article <" ? to 3? 0both inclusive1 clause 3 and 3 0a1 of Article /@@" 3/6 to 3/<
0both inclusive1 and 3=AA brought into force with effect from /Ath &arch" /@?;" vide !.2.>. )o. 3/30%1?;" dated /Ath &arch" /@?;" Ba+ette of
Pakistan Cxtraordinary" Part%%" page 3=@ and the aforesaid Article brought into force with effect from 6Ath -ecember" /@?;" vide !.2.>. )o.
/3=60%1D?; dated 3@th -ecember" /@?;" Ba+ette of Pakistan" Cxtraordinary" Part%%" page 6/?;.
3
!ubs. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. 3" for Eclauses 031" 061 and 091F 0w.e.f. the 9th &ay" /@=91.
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6 for E7aluchistanF.
9
. !ubs. ibid." for E)orthWest(rontierF
;.
.!ubs. ibid." for E!indhF
<.
!ubs. by the 2evival of the *onstitution of /@=6 >rder" /@?; 0P.>. )>. /9 of /@?;1" Art" 3 and !ch." for EParliamentF.
=.
)ew Article 3A ins. %bid.
principle" from each according to his ability to each according to his work.
1. 213. R!)h% '- !#$!,!$al& %' be $eal 4!%h !# a""'r$a#"e 4!%h la4&5 e%". - 5o en$oy the
protection of law and to be treated in accordance with the law is the inalienable right of every citi+en"
wherever he may be and of every other person for the time being within Pakistan
031 %n particular
0a1 )o action detrimental to the life" liberty" body" reputation or property of any person shall be taken
except in accordance with law;
0b1 )o person shall be prevented from or be hindered in doing that which is not prohibited by law; and
0c1 )o person shall be compelled to do that which the law does not re#uired him to do.
6. L'7al%7 %' S%a%e a#$ 'be$!e#"e %' C'#&%!%%!'# a#$ la4.- 0/1 Goyalty to the !tate is the basic duty
of every citi+en.
031 >bedience to the *onstitution and law is the
/
4inviolable8 obligation of every citi+en wherever he
may be and of every other person for the times being within Pakistan.
8. H!)h %rea&'#.
3
40/1 Any person who abrogates or attempts or conspires to abrogate" subverts or
attempts or conspires to subvert the *onstitution by use of force or show of force or by other
unconstitutional means shall be guilty of high treason.
031 Any person aiding or abetting
6
4or collaborating8 the acts mentioned in clause 0/1 shall likewise be
guilty of high treason.
9
403A1 An act of high treason mentioned in clause 0/1 or 031 shall not be validated by any court
including the !upreme *ourt and a High *ourt.
061
;
4&a$lise!hoora 0Parliament1 shall by law provide for the punishment of persons found
guilty of high treason.
HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
/
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EbasisF.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 9 for Eclause 0/1F.
6
%ns. ibid"
9
)ew clause 03A1 ins. ibid.
;
!ee footnote < on page ;" supra.
PART II
F#$ame#%al R!)h%& a#$ Pr!#"!ple& '- P'l!"7
9. De-!#!%!'# '- %he S%a%e. %n this Part" unless the context otherwise re#uires" Ithe !tateI means the
(ederal Bovernment" Parliament" a Provincial Bovernment"
/
4&a$lise!hoora 0Parliament18 a Provincial
Assembly" and such local or other authorities in Pakistan as are bylaw empowered to impose any tax or
cess.
CHAPTER I.-FUNDAMENTAL RI:HTS
;. La4& !#"'#&!&%e#% 4!%h 'r !# $er')a%!'# '- F#$ame#%al R!)h%& %' be ,'!$.-0/1 Any law" or any
custom or usage having the force of law" in so far as it is inconsistent with the rights conferred by this
*hapter" shall" to the extent of such inconsistency" be void.
031 5he !tate shall not make any law which takes away or abridges the rights so conferred and any law
made in contravention of this clause shall" to the extent of such contravention" be void.
061 5he provisions of this Article shall not apply to
0a1 any law relating to members of the Armed (orces" or of the police or of such
other forces as are charged with the maintenance of public order" for the purpose of
ensuring the proper discharge of their duties or the maintenance of discipline
among them ; or
3
40b1 Any of the
0i1 Gaws specified in the (irst !chedule as in force immediately before the
commencing day or as amended by any of the laws specified in that !chedule;
0ii1 >ther laws specified in Part % of the (irst !chedule;8
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. 3" for Eparagraph 0b1F" 0w.e.f. the 3/
st
)ovember" /@?;1" which was
previously amended by Act 66 of /@=9" s.6" 0w.e.f. 9
th
&ay" /@=91.
And neither such law nor any provision thereof shall be void on the ground that such law or provision is
inconsistent with" or repugnant to" any provision of this *hapter.
091 )otwithstanding anything contained in paragraph 0b1 of clause 061" within a period of two years from
the commencing day" the appropriate Gegislature shall bring the laws specified in
/
4Part %% of the (irst
!chedule8 into conformity with the rights conferred by this *hapter:
Provided that the appropriate Gegislature may by resolution extend the said period of two years by a
period not exceeding six months.
Explanation.- %f in respect of any law
3
4&a$lise!hoora 0Parliament18 is the appropriate Gegislature"
such resolution shall be a resolution of the )ational Assembly.
0;1 5he rights conferred by this *hapter shall not be suspended except as expressly provided by the
*onstitution.
<. Se"r!%7 '- per&'#. )o person shall be deprived of life or liberty save in accordance with
law.
1=. Sa-e)ar$& a& %' arre&% a#$ $e%e#%!'#. 0/1 )o person who is arrested shall be detained in custody
without being informed" as soon as may not be" of the grounds for such arrest" nor shall he be denied the
right to consult and be defended by a legal practitioner of his choice.
031 Cvery person who is arrested and detained in custody shall be produced before a &agistrate within a
period of twenty four hours of such arrest" excluding the time necessary for the $ourney from the place of
arrest to the *ourt of the nearest &agistrate" and no such person shall be detained in custody beyond the
said period without the authority of a &agistrate.
061 )othing in clauses 0i1 and 031 shall apply to any person who is arrested or detained under any law
providing for preventive detention.
________________________________________________________________
/
!ubs. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. 3" for Ethe (irst !chedule" not being a law which relates to" or is
connected with" economic reforms.F
3
!ee footnote < on page ;" supra.
091 )o law providing for preventive detention shall be made except to deal with persons acting in a
manner pre$udicial to the integrity" security or defence of Pakistan or any part thereof" or external affairs
of Pakistan" or public order" or the maintenance of supplies or services" and no such law shall authorise
the detention of a person for a period exceeding
/
4three months8 unless the appropriate 2eview 7oard
has" after affording him an opportunity of being heard in person" reviewed his case and reported" before
the expiration of the said period" that there is" in its opinion" sufficient cause for such detention" and" if
the detention is continued after the said period of one month" unless the appropriate 2eview 7oard has
reviewed his case and reported" before the expiration of each period of three months" that there is" in its
opinion" sufficient cause for such detention.
Explanation I###%n this Article" Ithe appropriate 2eview 7oardI means"
0i1 in the case of a person detained under a (ederal law" a 7oard appointed by the *hief ,ustice of
Pakistan and consisting of a *hairman and two other persons" each of whom is or has been a ,udge of
the !upreme *ourt or a High *ourt ; and
0ii1 %n the case of a person detained under a Provincial law" a 7oard appointed by the *hief ,ustice of the
High *ourt concerned and consisting of a *hairman and two other persons" each of whom is or has been
a ,udge of a High *ourt.
Explanation II.- 5he opinion of a 2eview 7oard shall be expressed in terms of the views of the ma$ority
of its members.
0;1 When any person is detained in pursuance of an order made under any law providing for preventive
detention" the authority making the order shall"
3
4within fifteen days8 from such detention" communicate
to such person the grounds on which the order has been made" and shall afford him the earliest
opportunity of making a representation against the order"
Provided that the authority making any such order may refuse to disclose facts which such
_______________________________________________________________
/
!ubs. by the *onstitution 05hird Amdt.1 Act" /@=; 033 of /@=;1" s. 3" for Eone monthF 0w.e.f. the /6
th
(ebruary" /@=;1.
3
!ubs.ibid." for Eas soon as may be" but not later that one weekF 0w.e.f. the /6
th
(ebruary" /@=;1.
authority considers it to be against the public interest to disclose.
0<1 5he authority making the order shall furnish to the appropriate 2eview 7oard all documents relevant
to the case unless a certificate" signed by a !ecretary to the Bovernment concerned" to the effect that it is
not in the public interest to furnish any documents" is produced.
0=1 Within a period of twenty four months commencing on the day of his first detention in pursuance of
an order made under a law providing for preventive detention" no person shall be detained in pursuance
of any such order for more than a total period of eight months in the case of a person detained for acting
in a manner pre$udicial to public order and twelve months in any other case;
Provided that this clause shall not apply to any person who is employed by" or works for" or acts on
instructions received from the enemy
/
4"or who is acting or attempting to act in a manner pre$udicial to
the integrity" security or defence of Pakistan or any part thereof or who commits or attempts to commit
any act which amounts to antinational activity as defined in a (ederal law or is a member of any
association which has for its ob$ects or which indulges in" any such antinational activity.
0?1 5he appropriate 2eview 7oard shall determine the place of detention of the person detained and fix a
reasonable subsistence allowance for his family.
0@1 )othing in this Article shall apply to any person who for the time being is an enemy alien.
3
41= 2A3. R!)h% %' -a!r %r!al. - F'r the determination of his civil rights and obligations or in any criminal
charge against him a person shall be entitled to a fair trial and due process
11. Sla,er75 -'r"e$ lab'r5 e%".5 pr'h!b!%e$.- 0/1 !lavery is nonexistent and forbidden and no law shall
permit or facilitate its introduction into Pakistan in any form.
031 All forms of forced labour and traffic in human beings are prohibited.
________________________________________________________________
/
Added by the *onstitution 05hird Amdt.1 Act" /@=; 033 of /@=;1" s" 3.
3
)ew Article /A A ins. by the *onstitution 0Cighteen Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;.
061 )o child below the age of fourteen years shall be engaged in any factory or mine or any other
ha+ardous employment.
091 )othing in this Article shall be deemed to affect compulsory service
0a1 7y any person undergoing punishment for an offence against any law; or
0b1 2e#uired by any law for public purpose
Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
1(. Pr'%e"%!'# a)a!#&% re%r'&pe"%!,e p#!&hme#%. 0/1 )o law shall authori+e the punishment of a
person
0a1 (or an act or omission that was not punishable by law at the time of the act or omission; or
0b1 (or an offence by a penalty greater than" or of a kind different from" the penalty prescribed by law for
that offence at the time the offence was committed.
031 )othing in clause 0/1 or in Article 3=A shall apply to any lawmaking acts of abrogation or subversion
of a *onstitution in force in Pakistan at any time since the twenty third day of &arch" one thousand nine
hundred and fifty six" and an offence.
1/. Pr'%e"%!'# a)a!#&% $'ble p#!&hme#% a#$ &el- !#"r!m!#a%!'#. )o person
0a1 !hall be prosecuted or punished for the same offence" more than once; or
0b1 !hall" when accused of an offence" be compelled to be a witness against himself.
11. I#,!'lab!l!%7 '- $!)#!%7 '- ma#5 e%". 0/1 the dignity of man and" sub$ect to law" the privacy of
home" shall be inviolable.
031 )o person shall be sub$ected to torture for the purpose of extracting evidence.
16. Free$'m '- m',eme#%5 e%".Cvery citi+en shall have the right to remain in" and" sub$ect to any
reasonable restriction imposed by law in the public interest"
enter and move freely throughout Pakistan and to reside and settle in any part thereof.
16. Freedom of assembly.- every citizen shall have the right to assemble peacefully and
without arms, subject to any reasonable restrictions imposed by law in the interest of public
order.
/
419. Free$'m '- a&&'"!a%!'#.0/1 Cvery citi+en shall have the right to form associations or unions"
sub$ect to any reasonable restrictions imposed by law in the interest of morality or public order.
031 Cvery citi+en not being in the service of Pakistan shall have the right to form or be a member of a
political party" sub$ect to any reasonable restrictions imposed by law in the interest of the sovereignty or
the integrity of Pakistan and such law shall provide that where the (ederal Bovernment declares that any
political party has been formed or is operating in a manner pre$udicial to the sovereignty or integrity of
Pakistan" the (ederal Bovernment shall within fifteen days of such declaration" refer the matter to the
supreme court whose decisions on such reference shall be final.
061 Cvery political party shall account for the source of its funds in accordance with law.
1;. Free$'m '- %ra$e5 b&!#e&& 'r pr'-e&&!'#. !ub$ect to such #ualifications" if any" as may be
prescribed by law" every citi+en shall have the right to enter upon any lawful profession or occupation"
and to conduct any lawful trade or business;
Provided that nothing in this Article shall prevent
0a1 5he regulation of any trade or profession by licensing system; or
0b1 5he regulation of trade" commerce or industry in the interest of free competition therein; or
0c1 the carrying on" by the (ederal Bovernment or a Provincial Bovernment" or by a corporation
controlled by any such Bovernment" of any trade" business"
_______________________________________________________________
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. <. for EArticle /=F.
industry or service" to the exclusion" complete or partial" of other persons.
1<. (reedom of speech" etc. Cvery citi+en shall have the right to freedom of speech and expression" and
there shall be freedom of the press" sub$ect to any reasonable restrictions imposed by law in the interest
of the glory of %slam or the integrity" security or defence of Pakistan or any part thereof" friendly
relations with foreign !tates" public order" decency or morality" or in relation to contempt of *ourt"
/
4commission of8 or incitement to an offence.
3
*1<. A R!)h% %' !#-'rma%!'#: Cvery citi+en shall have the right to have access to information
in all matters of public importance sub$ect to regulation and reasonable restrictions imposed by
law.
(=. Free$'m %' pr'-e&& rel!)!'# a#$ %' ma#a)e rel!)!'& I#&%!%%!'#&. !ub$ect to law" public order and
morality"
0a1 Cvery citi+en shall have the right to profess" practice and propagate his religion; and
0b1 Cvery religious denomination and every sect thereof shall have the right to establish" maintain and
manage its religious institutions.
(1. Sa-e)ar$ a)a!#&% %a0a%!'# -'r prp'&e& '- a#7 par%!"lar rel!)!'#. )o person shall be compelled
to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any
religion other than his own.
((. Sa-e)ar$& a& %' e$"a%!'#al !#&%!%%!'#& !# re&pe"% '- rel!)!'#5 e%". 0/1 )o person attending any
educational institution shall be re#uired to receive religious instruction" or take part in any religious
ceremony" or attend religious worship" if such instruction" ceremony or worship relates to a religion
other than his own.
031 %n respect of any religious institution" there shall be no discrimination against any community in the
granting of exemption or concession in relation to taxation.
061 !ub$ect to law"
________________________________________________________________
/
!ubs. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. 9" for EdefamationF 0w.e.f. the 3/st )ovember" /@=;1.
3
)ew Article /@A ins. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1"
0a1 no religious community or denomination shall be prevented from; providing religious instruction for
pupils of that community or denomination in any educational institution maintained wholly by that
community or denomination; and
0b1 no citi+en shall be denied admission to any educational institution receiving aid from public revenues
on the ground only of race" religion" caste or place of birth.
091 )othing in this Article shall prevent any public authority from making provision for the advancement
of any socially or educationally backward class of citi+ens.
(/. Pr',!&!'# a& %' pr'per%7. every citi+en shall have the right to .ac#uire" hold and dispose of property
in any part of Pakistan" sub$ect to the *onstitution and any reasonable restrictions imposed by law in the
public %nterest.
(1. Pr'%e"%!'# '- pr'per%7 r!)h%&. 0/1 )o person shall be deprived of Jhis property save in accordance
with law.
031 )o property shall be compulsorily ac#uired or taken possession of save for a public purpose" and
save by the authority of law which provides for compensation therefore and either fixes the amount of
compensation or specifies the principles on and the manner in which compensation is to be determined
and given.
061 )othing in this Article shall affect the validity of
0a1 any law permitting the compulsory ac#uisition or taking possession of any property for preventing
danger to life" property or public health ; or
0b1 Any law permitting the taking over of any property which has been ac#uired by" or come into the
possession of" any person by any unfair means" or in any manner" contrary to law ; or
0c1 any law relating to the ac#uisition" administration or disposal of any property which is or is deemed
to be enemy property or evacuee property under any law 0not being property which has ceased to be
evacuee property under any law1 ; or
0d1 any law providing for the taking over of the management of any property by the !tate for a limited
period" either in the public interest or in order to secure the proper management of the property" or for
the benefit of its owner ; or
0e1 Any law providing for the ac#uisition of any class of property for the purpose of
0%1 Providing education and medical aid to all;K or any specified class of citi+ens; or
0ii1 providing housing and public facilities and services such as roads" water supply" sewerage" gas and
electric power to all or any specified class of citi+ens ; or
0iii1 Providing maintenance to those who" on account of unemployment" sickness" infirmity or old age"
are unable to maintain themselves; or
0f1 Any existing law or any law made in pursuance of Article 3;6.
091 5he ade#uacy or otherwise of any compensation provided for by any such law as is referred to in this
Article" or determined in pursuance thereof" shall not be called in #uestion in any *ourt.
(6. E>al!%7 '- "!%!?e#&. 0/1 all citi+ens are e#ual before law and are entitled to e#ual protection of law.
031 5here shall be no discrimination on the basis of sex
/
L.
061 )othing in this Article shall prevent the !tate from making any special provision for the protection of
women and children.
3
4(62A3. R!)h% %' e$"a%!'#. - %he state shall provide free and compulsory education to all children of
the age of five to sixteen years in such a manner as may be determined by laws.
/
5he word EaloneF omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?.
3
)ew Article 3;A ins. %bid." s. @.
(8. N'#-$!&"r!m!#a%!'# !# re&pe"% '- a""e&& %' pbl!" pla"e&.-0/1 %n respect of access to places of
public entertainment or resort" not intended for religious purposes only" there shall be no discrimination
against any citi+en on the ground only of race" religion" caste" sex" residence or place of birth.
031 )othing in clause 0/1 shall prevent the !tate from making any special provision for women and
children.
(9. Sa-e)ar$ a)a!#&% $!&"r!m!#a%!'# !# &er,!"e&.0/1 )o citi+en otherwise #ualified for appointment in
the service of Pakistan shall be discriminated against in respect of any such appointment on the ground
only of race" religion" caste" sex" residence or place of birth;
Provided that" for a period not exceeding
/
4forty8 years from the commencing" day" posts may be
reserved for persons belonging to any class or area to secure their ade#uate representation in the service
of Pakistan;
Provided further that" in the interest of the said service" specified posts or services may be reserved for
members of either sex if such posts or services entail the performance of duties and functions which
cannot be ade#uately performed by members of the other sex
3
4:8
6
4Provided also that underrepresentation of any class or area in the service of Pakistan may be
redressed in such manner as may be determined by an Act of &a$lise!hoora 0Parliament1
031 )othing in clause 0/1 shall prevent any Provincial Bovernment" or" any local or other authority in a
Province from prescribing" in relation to any post or class of service under that Bovernment or authority"
conditions" as to residence in the Province" for a period not exceeding three years" prior to appointment
under that Bovernment or authority.
(;. Pre&er,a%!'# '- la#)a)e5 &"r!p% a#$ "l%re. !ub$ect to Article 3;/ any section of citi+ens
having a distinct language" script or culture shall have the right to preserve and promote the same and
sub$ect to law" establish institutions for that purpose.
1
.Subs. and shall be deemed always to have been so subs. by the Constitution Si!teenth "mendment# "ct, 1$$$ % of 1$$$#, s.&,
for 'twenty(, which was previously subs. by ).*. +o. 1, of 1$-. "rt. & and Sch., for 'ten(.
&.
Subs. by the Constitution /ighteenth "mdt.# "ct, &010 10 of &010#. S. 10 for the full-stop.
1
+ew proviso ins. %bid.
CHAPTER (.-PRINCIPLES OF POLICY
(<. Pr!#"!ple& '- P'l!"7. 0/1 5he Principles set out in this *hapter" shall be known as the Principles of
Policy" and it is the responsibility of each" organ and authority of the !tate" and of each person
performing functions on behalf of an organ or authority of the !tate" to act in accordance with those
Principles in so far as they relate to the functions of the organ or authority.
031 %n go far as the observance of any particular Principle of Policy may be dependent upon resources
being available for the purpose" the Principle shall be regarded as being sub$ect to the availability of
resources.
061 %n respect of each year" the President in relation to the affairs of the (ederation" and the Bovernor of
each Province in relation to the affairs of his Province" shall cause to be prepared and laid before
/
4each
House of &a$lise!hoora 0Parliament18 or" as the case may be" the Provincial Assembly" a report on the
observance and implementation of the Principles of Policy" and provision shall be made in the rules of
procedure of the )ational Assembly
3
4and the !enate8 or" as the case may be" the Provincial Assembly"
for discussion on such report.
/=. Re&p'#&!b!l!%7 4!%h re&pe"% %' Pr!#"!ple& '- P'l!"7. 0l1 5he responsibility of deciding whether any
action of an organ or authority of the !tate" or of a person performing functions on behalf of an organ or
authority of the !tate" is in accordance with the Principles of Policy is that of the organ or authority of
the !tate" or of the person" concerned.
031 5he validity of an action or of a law shall not be called in #uestion on the ground that it is not in
accordance with the Principles of Policy" and no action shall lie against the !tate" any organ or authority
of the !tate of any person on such ground.
/1. I&lam!" 4a7 '- L!-e.0/1 !teps shall be taken to enable the &uslims of Pakistan" individually and
collectively" to order their lives in accordance with the fundamental principles and basic concepts of
%slam and to provide facilities whereby they may be enabled to understand the meaning of life according
to the Holy 'uran and !unnah.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. for Ethe )ational AssemblyF.
3
%ns. ibid.
031 5he !tate shall endeavor" as respects the &uslims of Pakistan"
0a1 to make the teaching of the Holy 'uran and %slamiat compulsory" to encourage and facilitate the
learning of Arabic language and to secure correct and exact printing and publishing of the Holy 'uran;
0b1 5o promote unity and the observance of the %slamic moral standards and
0c1 5o secure the proper organisation of $a%at
/
4u&hr,8 a'uaf and mos#ues.
/(. Pr'm'%!'# '- l'"al :',er#me#% !#&%!%%!'#&. 5he !tate shall encourage local Bovernment
institutions composed of elected representatives of the areas concerned and in such institutions special
representation will be given to peasants" workers and women.
//. Par'"h!al a#$ '%her &!m!lar pre+$!"e& %' be $!&"'ra)e$. - 5he !tate shall discourage parochial"
racial" tribal" sectarian and provincial pre$udices among the citi+ens.
/1. Fll par%!"!pa%!'# '- 4'me# !# #a%!'#al l!-e. !teps shall be taken to" ensure full participation of
women in all spheres of national life.
/6. Pr'%e"%!'# '- -am!l75 e%". 5he !tate shall protect the marriage" the family" the mother and the child.
/8. Pr'%e"%!'# '- m!#'r!%!e&.- 5he !tate shall safeguard the legitimate rights and interests of minorities"
including their due representation in the (ederal and Provincial services.
/9. Pr'm'%!'# '- &'"!al +&%!"e a#$ era$!"a%!'# '- &'"!al e,!l&.- 5he !tate shall
0a1 Promote" with special care" the educational and economic interests of backward classes or areas;
0b1 2emove illiteracy and provide free and compulsory secondary education within minimum possible
period;
0c1 &ake technical and professional education generally available and higher education e#ually
accessible to all on the basis of merit;
/
%ns. by P.>. )o. /9 of /@?;" Art. 3 and !ch."
0d1 Cnsure inexpensive and expeditious $ustice;
0e1 &ake provision for securing $ust and humane conditions of work" ensuring that children and women
are not employed in vocations unsuited to their age or sex" and for maternity benefits for women in
employment;
0f1 Cnable the people of different areas" through education" training" agricultural and industrial
development and other methods" to participate" fully in all forms of national activities" including
employment in the service of Pakistan;
0g1 Prevent prostitution" gambling and taking of in$urious drugs" printing" publication" circulation and
display of obscene literature and advertisements;
0h1 Prevent the consumption of alcoholic li#uor otherwise than for medicinal and" in the case of non
&uslims" religious purposes; and
0i1 decentralise the Bovernment administration so as to facilitate expeditious disposal of its business to
meet the convenience and re#uirements of the public.
/;. Pr'm'%!'# '- &'"!al a#$ e"'#'m!" 4ell-be!#) '- %he pe'ple. 5he !tate shall
0a1 secure the wellbeing of the people" irrespective of sex" caste" creed or race" by raising their standard
of living" by preventing the concentration of wealth and means of production and distribution in the
hands of a few to theJ detriment of general interest and by ensuring e#uitable ad$ustment of :rights
between employers and employees" and landlords and tenants ;
0b1 provide for all citi+ens" within the available resources of the country" facilities for work and ade#uate
livelihood with reasonable rest and leisure;
0c1 provide for all persons employed in the service of Pakistan or otherwise" social security by
compulsory social insurance or other means;
0d1 provide basic necessities of life" such as food" clothing" housing" education and medical relief" for all
such citi+ens" irrespective of sex" caste" creed or race"
as are permanently or temporarily unable to earn their livelihood on account of infirmity" sickness or
unemployment ;
0e1 reduce disparity in the income and earnings of individuals" including. persons in the various classes
of the service of Pakistan;
/
L
0f1 eliminate ri(a as early as possible
3
4;and8
6
40g1 ensure that the shares of the provinces in all (ederal services" including autonomous bodies and
cooperationKs established by or under the control of the (ederal Bovernment" shall be secured and any
omission in the allocation of the shares of the Provinces in the past shall be rectified.
/<. Par%!"!pa%!'# '- pe'ple !# Arme$ F'r"e&. 5he !tate shall enable people from all parts of Pakistan
to participate in the Armed (orces of Pakistan.
1=. S%re#)%he#!#) b'#$& 4!%h M&l!m 4'rl$ a#$ pr'm'%!#) !#%er#a%!'#al pea"e. 5he !tate shall
endeavor to preserve and strengthen fraternal" relations among &uslim countries based on %slamic
unity" support the common interests of the peoples of Asia" Africa and Gatin America" promote
international peace and security" foster goodwill and friendly relations among all nations and encourage
the settlement of international" disputes by peaceful means.
/
5he word EandF omitted by the *onstitution 0Cighteenth Amdt.1 act" 3A/A 0/A of 3A/A" s. /3.
3
.!ubs. ibid; for the fullstop.
6
)ew paragraph 0g1 added ibid.
PART III THE FEDERATION OF PAKISTAN
CHAPTER 1.-THE PRESIDENT
11. The Pre&!$e#%.- 0/1 5here shall be a President of Pakistan who shall be the Head of !tate and shall
represent the unity of the 2epublic.
031 A person shall not be #ualified for election as President unless he is a &uslim of not less than forty
five years of age and is #ualified to be elected as member of the )ational Assembly.
/
4061 5he President shall be
3
LLL elected in accordance with the provisions of the !econd !chedule by the
members of an electoral college consisting of
0a1 the members of both Houses; and
0b1 the members of the Provincial Assemblies
091 Clection to the office of President shall be held not earlier than sixty days and not later than thirty
days before the expiration of the term of the President in office
Provided that" if the election cannot be held within the period aforesaid because the )ational Assembly
is dissolved" it shall be held within thirty days of the general election to the Assembly.
0;1 An election to fill a vacancy in the office of President shall be held not later than thirty days from the
occurrence of the vacancy
Provided that" if the election cannot be held within the period aforesaid because the )ational Assembly
is dissolved" it shall be held within thirty days of the general election to the Assembly.
0<1 5he validity of the election of the President shall not be called in #uestion by or before any *ourt or
other authority.
/
!ubs. 7y P.>. )o. /9 of /@?;" Art. 3 and !ch." for Eclause 061F.
3
*ertain words omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /6.
1
2 2 2 2 2 2 2
1(. Oa%h '- Pre&!$e#%.- 7efore entering upon office" the President shall make before the *hief ,ustice of
Pakistan oath in the form set out in the 5hird !chedule.
1/. C'#$!%!'#& '- Pre&!$e#%@& '--!"e. 0/1 5he President shall not hold any office of profit in the service
of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.
031 5he President shall not be a candidate for election as a member of
3
4&a$lise!hoora 0Parliament18 or
a Provincial Assembly; and" if a member of
3
4&a$lise!hoora 0Parliament1 or a Provincial Assembly is
elected as President" his seat in
3
4&a$lise!hoora 0Parliament18 or" as the case may be" the Provincial
Assembly shall become vacant on the day he enters upon his office.
11. Term '- '--!"e -'r Pre&!$e#%.- 0/1 !ub$ect to the *onstitution" the President shall hold office for a
term of five years from the day he enters upon his office
Provided that the President shall" notwithstanding the expiration of his term" continue to hold office until
his successor enters upon his office.
031 !ub$ect to the *onstitution" a person holding office as President shall be eligible for reelection to
that office" but no person shall hold that office for more than two consecutive terms.
061 5he President may" by writing under his hand addressed to the !peaker of the )ational Assembly"
resign his office.
/
*lause 0=1 to 0@1 >mitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1.s. /6.
3
!ee footnote < on page ;" supra.
16. Pre&!$e#%@& p'4er %' )ra#% par$'#5 e%".- 5he President shall have power to grant pardon" reprieve
and respite" and to remit" suspend or commute any sentence passed by any *ourt" tribunal or other
authority.
/
418. Pre&!$e#% %' be Aep% !#-'rme$. 5he Prime &inister shall keep the President informed on matters
of internal and foreign policy and on all legislative proposals the (ederal Bovernment intends to bring
before &a$lise!hoora 0Parliament1.8
19. Rem',al '- Pre&!$e#%.-
6
40/1 )otwithstanding anything contained in the *onstitution" the President
may be removed from office in accordance with the provisions of this Article on the ground of physical
or mental incapacity or @n a charge of violating the *onstitution or gross misconduct.
031 )ot less than one half of the total membership of either House may give to the !peaker of the
)ational Assembly or" as the case may be" the *hairman written notice of its intention to move a
resolution for the removal of the President; and such notice shall set out the particulars of his incapacity
or of the charge against him.
061 %f a notice under clause 031 is received by the *hairman" he shall transmit it forthwith to the !peaker.
091 5he !peaker shall" within three days of the receipt of a notice under clause 031 or clause 061" cause a
copy of the notice. to be transmitted to the President.
0;1 5he !peaker shall summon the two Houses to meet in a $oint sitting not earlier than seven days and
not later than fourteen days after the receipt of the notice by him.
0<1 5he $oint sitting may investigate or cause to be investigated the ground or the charge upon which the
notice is founded.
/
!ubs. 7y the *onstitution 0Cighteenth Amdt.1 Act. 3A/A 0/A of 3A/A1" s. /9" for EArticle 9<F.
3
%ns. by the P.>. /9 of /@?;" Art 3 and !ch.
6
!ubs. %bid" for Eclauses 0/1 and 031F.
0=1 5he President shall have the right to appear and be represented during the investigation" if any" and
before the $oint sitting.
0?1 %f" after consideration of the result of the investigation" if any" a resolution is passed at the $oint
sitting by the votes of not less than two thirds of the total membership
/
4&a$lise!hoora 0Parliament18of
Parliament" declaring that the President is unfit to hold the office due to incapacity or is guilty of
violating the *onstitution or of gross misconduct" the President shall cease to hold office immediately on
the passing of the resolution.
3
41;. Pre&!$e#% %' a"% '# a$,!"e5 e%". 0/1 %n the exercise of his functions" the President shall act
6
4on
and8 in accordance with the advice of the *abinet
9
4or the Prime &inister8.
;
4Provided that
6
4within fifteen days8 the President may re#uire the *abinet or; as the case may be the
Prime &inister to reconsider such advice" either generally or otherwise" and the President shall
6
4within
ten days.8 act in accordance with the advice tendered after such reconsideration.8
031 notwithstanding anything contained in clause 0/1 the President shall act in his discretion in respect of
any matter in respect of which he is empowered by the *onstitution to do so
<
4and the validity of
anything done by the President in his discretion shall not be called in #uestion on any ground
whatsoever8.
=
L L L L L L L
061 clause 061 omitted" ibid.
091 5he #uestion whether any" and if so what" advice was tendered to the President by the *abinet" the
Prime &inister" a &inister or &inister of the !tate shall not be in#uired into in any *ourt" tribunal or
other authority.
1
See footnote 3 on page ., supra.
&
Subs. 4y ).*. +o. 1, of 1$-., "rt. & and Sch., for '"rticle ,-(
1
5ns. by the Constitution /ighteenth "mdt.# "ct, &010 10 of &010#, s. 1..
,
Subs. by the Constitution /ight "mdt.# "ct, 1$-. 1- of 1$-.#, s. & for ',the )rime 6inister, or a appropriate 6inister(.
.
Subs. ibid., for 'the original proviso(.
3
"dded ibid.
%
Clause 1# omitted, ibid.
1
70;1 where the President dissolves the )ational Assembly notwithstanding anything contained in clause
0/1" he shall"
0a1 appoint a date not later than ninety days from the date of the dissolution for the holding of a general
election to the Assembly; and
0b1 appoint a care taker *abinet.
/
40<1. %f any time the Prime &inister considers it necessary to hold a referendum on any matter of
national importance" he may refer the matter to a $oint sitting of the &a$lise!hoora 0Parliament1 and if
it is approved in a $oint sitting" the Prime &inister may cause such matter to be referred to a referendum
in a form of a #uestion that is capable of being answered by either EMesF or E)>F.8
0=1. An Act of &a$lise!hoora 0Parliament1 may lay down the procedure for the holding of a
referendum and compiling and consolidation of the result of a referendum.
1<. Cha!rma# 'r SpeaAer %' a"% a&5 'r per-'rm -#"%!'#& '- Pre&!$e#%. 0/1 %f the office of President
becomes vacant by reason of death" resignation or removal of the President" the *hairman or" if he is
unable to perform the functions of the office of President" the !peaker of the )ational Assembly shall act
as President until a President is elected in accordance with clause 061 of Article 9/.
031 When the President" by reason of absence from Pakistan or any other cause" is unable to perform his
functions" the *hairman or" if he too is absent or unable to perform the functions of the office of
President" the !peaker of the )ational Assembly shall perform the functions of President until the
President returns to Pakistan or" as the case may be" resumes his functions.
CHAPTER (-THE
3
*MABLIS-E-SHOORA 2PARLIAMENT3C
C'mp'&!%!'#5 $ra%!'# a#$ mee%!#)& '- Ma+l!&-e-Sh''ra Parl!ame#%
/
*6=. Parl!ame#%. 5here shall be a Parliament consisting of two Houses to be known as the )ational
Assembly and the !enate.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /;" for Eclauses 0;1 and 0<1F.
3
!ee footnote < on page ;" supra.
6
!ubs. by P.>. )o. /9 of /@?;" Art. And !ch." for EArticle ;AF
1
[61. Na%!'#al A&&embl7.- 0/1 5he )ational Assembly shall consist of two hundred members to be
elected by direct and free vote in accordance with law.
031 A person shall be entitled to vote if
0a1 he is a citi+en of Pakistan;
0b1 he is not less than eighteen years of age;
0c1 his name appears on the electoral roll; and
0d1 he is not declared by a *ompetent *ourt to be of unsound mind;
061 5he seats in the )ational Assembly referred to in clause 0/1" except as provided in clause 091" shall be
allocated to each Province" the (ederally Administered 5ribal Areas and the (ederal *apital as under:
:e#eral Sea% D'me# T'%al
7aluchistan /9 6 /=
:hyber Pkhtunkhwa 6; ? 96
Pun$ab /9? 6; /?6
!indh </ /9 =;
(ederally /3 /3
Administered 5ribal Areas 3
(ederal *apital 3 <A 663
5otal 3=3 <A 663
091 in addition to the number of seats referred to in clause 061" there shall be" in the )ational Assembly"
ten seats reserved for non&uslims.
0;1 the seats in the )ational Assembly shall be allocated to each Province" the (ederally Administered
5ribal Areas and the (ederal *apital on the basis of population in accordance with the last preceding
census officially published.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /< for EArticle ;/F and shall be deemed always to have been so subs.
with effect from the 3/
st
day of August" 3AA3.
0<1 (or the purpose of election to the )ational Assembly:
0a1 the constituencies for the general seats shall be single member territorial constituencies and the
members to fill such scats shall he elected by direct and free vote in accordance with law:
0b1 each Province shall be a single constituency frail scats reserved for women which are allocated to
the respective Provinces under clause 061;
0c1 the constituency for all scats reserved for non &uslims shall be the whole country ;
0d1 members to the scats reserved for women which are allocated to a Province under clause 061 shall
be elected in accordance with law through proportional representation system of political partiesJ
lists of candidates on the basis of total number of general seats secured by each political party from
the Province concerned in the )ational Assembly:
Provided d that for the purpose of this paragraph the total number of general seats won by a political
party shall include the independent returned candidate or candidates who may duly $oin such political
pay within three days of the publication in the official Ba+ette of the names of the returned candidates;
and
0e1 members to the scats reserved for non&uslims shall be elected in accordance with law through
proportional representation system of political partiesJ lists of candidates on the basis of total
number of general seats won by each political party !# the )ational Assembly:
Provided that for the purpose of this paragraph the total number of general seats won by a political party
shall included the independent returned candidate or candidates who may duly $oin such political party
within three days of the publication in the official Ba+ette of the names of the returned candidates"
6(. Dra%!'# '- Na%!'#al A&&embl7. 5he )ational Assembly shall" unless sooner dissolved" continue
for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its
term.
6/. SpeaAer a#$ Dep%7 SpeaAer '- Na%!'#al A&&embl7.- 0/1 After a general election" the )ational
Assembly shall" at its first meeting and to the exclusion of any other business" elect from amongst its
members a !peaker and a -eputy !peaker and" so often as the office of !peaker or -eputy !peaker
becomes vacant" the Assembly shall elect another member am !peaker or" as the case may be" -eputy
!peaker.
031 7efore entering upon office" a member elected as !peaker or -eputy !peaker shall make before the
)ational Assembly oath in the" form set out in the 5hird !chedule.
061 When the office of !peaker is vacant" or the !peaker is absent or is unable to perform his functions
due to any cause" the -eputy !peaker shall act as !peaker" and if" at that time" the -eputy !peaker is also
absent or is unable to act as !peaker due to any cause" such member as may be determined by the rules
of procedure of the Assembly shall preside at the meeting of the Assembly.
091 5he !peaker or the -eputy !peaker shall not preside at a meeting of the Assembly when a resolution
for his removal from office is being considered.
0;1 5he !peaker may" by writing under his hand addressed to the President" resign his office.
0<1 5he -eputy !peaker may" by writing under his hand addressed to the !peaker" resign his office.
0=1 5he office of !peaker or -eputy !peaker shall become vacant if
0a1 he resigns his office;
0b1 he ceases to be a member of the Assembly; or
0c1 he is removed from office by a resolution of the Assembly" of which not less than seven daysJ notice
has been given and which is passed by the votes of the ma$ority of the total membership of the
Assembly.
0?1 When the )ational Assembly is dissolved" the !peaker shall continue in his office till the person
elected to fill the office by the next Assembly enters upon his office.
/
61. Smm'#!#) a#$ pr'r')a%!'# '- Parl!ame#%.-0/1 5he President may" from time to time" summon
either House or both Houses or
3
4&a$lise!hoora 0Parliament18 in $oint sitting to meet at such time and
place as he thinks fit and may also prorogue the same.
031 5here shall be at least
6
4three8 sessions of the )ational Assembly every year" and not more than one
hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the
date appointed for its first sitting in the next session;
Provided that the )ational Assembly shall meet for not less than one hundred and
9
4thirty8 working days
in each year.
;
4)*+lanation, in this clause Eworking daysF includes any day on which there is a $oint sitting and nay
period" not exceeding two days" for which the )ational Assembly is ad$ourned.8
061 >n a re#uisition signed by not less than one fourth of the total membership of the )ational
Assembly" the !peaker shall summon the )ational Assembly to meet" at such time and place as he thinks
fit" within fourteen days of the receipt of the re#uisition; and when the !peaker has summoned the
Assembly only he may prorogue it.
/
Article ;9" had" until the 6/st day of -ecember" /@=6 effect as if the proviso to clause 031 thereof were omitted. !ee the 2emoval of -ifficulties
0!ittings of )ational Assembly1 >rder /@=6 P.>. /@=6 0P.>. )o. 36 of /@=61" Art.3.
3
!ee footnote < on page ;" supra.
6
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EtwoF.
9
!ubs. by the *onstitution 05enth Amdt.1 Act. /@?= 0/ of /@?=1" s. 3" for EsixtyF which was previously amended by P.>. )o. /9 of /@?;. Art. 3
and !ch.
;
Cxplanation added by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. < 0w.e.f. the 3/st )ovember" /@=;1.
66. E'%!#) !# A&&embl7 a#$ >'rm.- 0/1 !ub$ect to the *onstitution" all decisions of the )ational
Assembly shall be taken by ma$ority of the members present and voting" but the person presiding shall
not vote except fin the case of e#uality of votes.
031 %f at any time during a sitting of the )ational Assembly the attention" of the person presiding is
drawn to the fact that less than one fourth of the total membership of the Assembly is present" he shall
either ad$ourn the Assembly or suspend the meeting until at least one fourth of such membership is
present.
68. A$$re&& b7 Pre&!$e#%.
/
40/18 5he President may address either House or both Houses assembled
together and may for that purpose re#uire the attendance of the members.
/
4031. 5he President may send messages to either House" whether with respect to a 7ill then pending in
the &a$lise!hoora0Parliament1 or otherwise and a House to which any message is so sent shall with all
convenient dispatch consider any matter re#uired by the message to be taken into consideration.
3
4061 at the commencement of the first session after each general election to the )ational Assembly and
at the commencement of the first session of each year the President shall address both Houses assembled
together and inform the &a$lise!hoora 0Parliament1 of the causes of its summons.
091 provisions shall be made in the rules for regulating the procedure of a House and the conduct of its
business for the allotment of time for discussion of the matters referred to in the address of the President.
69. R!)h% %' &peaA !#
/
*Ma+l!&-e-Sh''ra 2Parl!ame#%3C. 5he Prime &inister" a (ederal &inister" a
&inister of !tate and the Attorney Beneral shall have the right to speak and otherwise take part in the
proceedings of either House" or a $oint sitting or any committee thereof" of which he may be named a
member" but shall not by virtue of this Article be entitled to vote.
/
2enumbered and added by P.>. )o. /9 of /@?;" Art. 3 and !ch."
3
!ubs. by the *onstitution 0Cighth Amdt.1 Act /@?;. 0/? of /@?;1" s. 9" for Eclause 061F.
6
!ee footnote < on page ; supra.
1
[6;. D!&&'l%!'# '- Na%!'#al A&&embl7.- 0/1 5he President shall dissolve the" )ational Assembly if so
advised by the Prime &inister; and the )ational Assembly shall" unless sooner dissolved" stand
dissolved at the expiration of forty eight hours after the Prime &inister has so advised.
)*+lanation. 2eference in this Article to IPrime &inisterI shall not be construed to include reference to
a Prime &inister against whom a resolution for a vote of no confidence has been moved in the )ational
Assembly but has not been voted upon or against whom such a resolution has been passed or who is
continuing in office after his resignation or after the" dissolution of the )ational Assembly
031 notwithstanding anything contained in clause 031 of Article 9?" the President may also dissolve the
)ational Assembly in his discretion where a vote of noconfidence having been passed against the Prime
&inister no other member of the )ational Assembly commands the confidence of the ma$ority of the
members of the )ational Assembly in accordance with the provisions of the *onstitution as ascertained
in a session of the )ational Assembly summoned for the purpose.
(
*6<. Se#a%e. 0/1 5he !enate shall consist of sixty three members" of whom
0a1 (ourteen shall be elected by the members of each Provincial Assembly
0b1 Cight shall be elected from the (ederally AdministeredJ 5ribal Areas in such manner as the President
may" by >rder prescribe;
0c1 5wo on general seats" and one woman and one technocrat including aalim shall be elected from the
(ederal *apital in such manner as the President may" by >rder" prescribe;
0d1 (our women shall be elected by the members of each Provincial Assembly
0e1 (our technocrats including lemma shall be elected by the members of each Provincial Assembly;
and
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /=" for EArticle ;?F.
3
!ubs. ibid." s. /?" for EArticle ;@F.
0f1 (our non &uslims" one from each Province shall be elected by the members of each Provincial
Assembly:
Provided that paragraph 0f1 shall be effective from the next !enate election after the commencement of
the *onstitution 0Cighteenth Amendment1 Act" 3A/A.
031 Clection to fill scats in the !enate allocated to each Province shall be held in accordance with the
system of proportional representation by means of the single transferable vote.
JL 061 5he !enate shall not be sub$ect to dissolution but the term of its members" who shall retire as
follows" shall be six years:
0a1 of the members referred to in paragraph 0a1 of clause 0l1" seven shall retire after the expiration of the
first three years and seven shall retire after the expiration of the next three years;
0b1 of the members referred to in paragraph 0b1 of the aforesaid clause" four shall retire after the
expiration of the first three years and four shall retire after the expiration of the n Jxl three years;
0c1 of the members referred to in paragraph 0c1 of the aforesaid clause.
0i1 one elected on general seat shall retire after the expiration of the first three years and the other one
shall retire after the expiration of the next three years: and
0ii1 one elected on the seat reserved for technocrat shall retire after first three years and the one elected
on the scat reserved for woman shall retire after the expiration of the next three years;
0d1 of the members referred to in paragraph 0d1 of the aforesaid clause" two shall retire after the
expiration of the first three years and two shall retire after the expiration of the next three years;
0e1 >f the members referred to in paragraph 0e1 of the aforesaid clause two
shall retire after the expiration of the first three years and two shall retire after the expiration of the next
three years; and
0f1 >f the members referred to in paragraph 0f1 of the aforesaid clause" two shall retire
after the expiration of first three years and two shall retire after the expiration of next
three years:
Provided that the Clection *ommission for the first term of seats for non &uslims shall draw a lot as to
which two members shall retire after the first three years.
091 5he term of office of a person elected to fill a casual vacancy shall be the unexpired
term of the member whose vacancy he has filled.
8=. Cha!rma# a#$ Dep%7 Cha!rma#.- 0/1 After the !enate has been duly constituted" it shall" at its
first meeting and to the exclusion of any other business" elect from amongst its members a *hairman and
a -eputy *hairman and" so often as the office of *hairman or -eputy *hairman becomes vacant" the
!enate shall elect another member as *hairman or" as the case may be" -eputy *hairman.
031 5he term of office of the *hairman or -eputy *hairman shall be
/
4three8 years from the day on
which he enters upon his office.
81. O%her pr',!&!'#& rela%!#) %' Se#a%e.- 5he provisions of clauses 031 to 0=1 of Article ;6" clauses 031
and 061 of Article ;9 and Article ;; shall apply to the !enate as they apply to the )ational Assembly
and" in their application to the !enate" shall have effect as if references therein to the )ational Assembly"
!peaker and -eputy !peaker" were references respectively" to the !enate *hairman and -eputy
*hairman
3
4and as if" in the proviso to the said clause 031 of Article ;9" for the words
6
4one hundred and
thirty8 the words one hundred and ten were substituted8.
/
!ubs. by the *onstitution 0Cight Amdt.1 Act" /@?; 0/? of /@?;1" s. =" for EtwoF.
3
Added by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. ; 0w.e.f. the /9th &ay" /@=91.
6
!ubs. by the *onstitution 05enth Amdt.1 Act" /@?= 0/ of /@?=1" s. 6" which was previously amended by P.>. )o. 39 of /@?;" Art. 3.
9
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /@" for EninetyF
Pro-i&ion& a& to Mem(er of
1
[Ma.li&#e#/hoora (Parliament)"
(
*8(. Fal!-!"a%!'#& -'r member&h!p '- Parl!ame#%. A person shall not be #ualified to be elected or
chosen as a &ember of Parliament unless
0a1 He is a citi+en of Pakistan;
0b1 He is" in the case of the )ational Assembly" not less than twenty five years of age and is enrolled as a
voter in any electoral roll in;
0i1 Any part of Pakistan for election to a general seat or a seat reserved for non&uslim; and
0ii1 Any area in a province from which she seeks membership for election to a seat reserved for women.
0c1 he is" in the case of the !enate" not less than thirty years of age and is enrolled as a voter in any area
in a Province or" as the case may be" the (ederal *apital or the (ederally Administered 5ribal Areas"
from where he seeks membership;
0d1 He is good character and is not commonly known as one who violates %slamic %n$unctions;
0e1 He has ade#uate knowledge of %slamic teachings and practices obligatory duties prescribed by %slam
as well as abstains from ma$or sins;
0f1 He is sagacious" righteous" nonprofligate" honest and amen" there being no declaration to the
contrary by a court of law; and
0g1 He has not" after the establishment of Pakistan" worked against the integrity of the country or
proposed the ideology of Pakistan
031 5he dis#ualifications specified in paragraphs 0d1 and 0e1 shall not apply to a person who is non
&uslim" but such a person shall have a good moral reputation.
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 3A" for EArticle <3F.
/
*8/. D!&>al!-!"a%!'#& -'r member&h!p '- Parl!ame#%. 0/1 A person shall be dis#ualified from being
elected or chosen as" and from being" a &ember of Parliament" if
0a1 He is of unsound mind and has been so declared by a competent .*ourt; or
0b1 He is an undischarged insolvent; or
0c1 He ceases to be a citi+en of Pakistan" or ac#uires the citi+enship of a (oreign !tate; or
0d1 He holds any office of profit in the service of Pakistan other than an office declared by law not to
dis#ualify its holder; or
0e1 he is in the service of any statutory body or any body which is owned or controlled by the
Bovernment or in which the Bovernment has a controlling share or interest; or
0f1 being a citi+en of Pakistan by virtue of section /97 of the Pakistan *iti+enship Act" /@;/ 0%% of
/@;/1" he is for the time being dis#ualified under any law in force in A+ad ,ammu and :ashmir from
being elected as a member of the Gegislative Assembly of A+ad ,ammu and :ashmir; or
0g1 he has been convicted by a court of competent $urisdiction for propagating any opinion" or acting in
any manner" pre$udicial to the ideology of Pakistan" pr the sovereignty" integrity or security of Pakistan"
or the integrity. or independence of the $udiciary of Pakistan" or which defames or brings into ridicule
the $udiciary or the Armed (orces of Pakistan" unless a period of five years has lapsed since his release;
or
0h1 he has been" on conviction for any offence involving moral turpitude" sentenced to imprisonment for
a term of not less than two years" unless a period of five years has elapsed since his release; or

/
!ub. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 3/" for EArticle <6F.
i1 he has been dismissed from the service of Pakistan or service of a corporation or office set up or"
controlled by the (ederal Bovernment" Provincial Bovernment or a Gocal Bovernment on the grounds of
misconduct" unless a period of five years has elapsed since his dismissal; or
0$1 he has been removed or compulsorily retired from the service of Pakistan or service of a
corporation or office set up or controlled by the (ederal Bovernment" Provincial Bovernment or a
Gocal Bovernment on the grounds of misconduct" unless a period of three years has elapsed since
his removal or compulsory retirement; or
0k1 he has been in the service of Pakistan or of any statutory body or any body which is owned or
controlled by the Bovernment or in which the Bovernment has a controlling share or interest"
unless a period of two years has elapsed since he ceased to be in such service; or
0%1 he" whether by himself or by any person or body of persons in trust for him or for his benefit or on
his account or as a member of a Hindu undivided family" has any share or interest in a contract"
not being a contract between a cooperative society and Bovernment" for the supply of goods to" or
for the execution of any contract or for the performance of any service undertaken by"
Bovernment:
Provided that the dis#ualification under this paragraph shall not apply to a person
0i1 where the share or interest in the contract devolves on him by inheritance or succession or as a
legatee" executor or administrator" until the expiration of six months after it has so devolved on
him;
0ii1 where the contract has been entered into by or on behalf of a public company as defined in the
*ompanies >rdinance" /@?9 0NGO%% of /@?91" of which he is a shareholder but is not a director
holding an office of profit under the company; or
0iii1 where he is a member of a Hindu undivided family and the contract has been entered into by any
other member of that family in the course of carrying on a separate business in which he has no
share or interest; or
)*+lanation0 in this Article IgoodsI does not include agricultural produce or commodity grown or
produced by him or such goods as he is" under any directive of Bovernment or any law for the time
being in force. under a duty or obligation to supply; or
0m1 he holds any office of profit in the service of Pakistan other than the following offices" namely:
0i1 an office which is not whole time office remunerated either by salary or by fee;
0ii1 the office of Gumbardar. whether called by this or any other title;
0iii1 the 'aumi 2a+akars
0iv1 any office the holder whereof" by virtue of such office" is liable to be called up for military training
or military service under any law providing for the constitution or raising of a (orce; or
0n1 he has obtained a loan for an amount of two million rupees or more" from any bank" financial
institution" cooperative society or cooperative body in his own name or in the name of his spouse
or any of his dependents" which remains unpaid for more than one year from the due date" or has
got such loan written off; or
0o1 he or his spouse or any of his dependents has defaulted in payment of government dues
and utility expenses" including telephone. electricity" gas and water charges in excess of
ten thousand rupees" for over six months" at the time of filing his nomination papers; or
0p1 he is for the time being dis#ualified from being elected or chosen as a member of the &a$lise
!hoora 0Parliament1 or of a Provincial Assembly under any law for the time being in force.
)*+lanation,#1or the purposes of this paragraph " IlawI shall not include an >rdinance
promulgated under Article ?@ or Article /3?.
031 %f any #uestion arises whether a member of the &a$lise!hoora 0Parliament1 has become
dis#ualified from being a member" the !peaker or" as the case may be. the *hairman shall" unless he
decides that no such #uestion has arisen" refer the #uestion to the Clection *ommission within thirty
days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the
Clection *ommission.
061 5he Clection *ommission shall decide the #uestion within ninety days from its receipt or deemed to
have been received and if it is of the opinion that the member has become dis#ualified. he shall cease to
be a member and his seat shall become vacant.
/
48/ 2A3. D!&>al!-!"a%!'# '# %he )r'#$& '- $e-e"%!'#. 0/1 %f a member of a
Parliamentary Party composed of a single political party in a House:
0a1 resigns from membership of his political party or $oins another Parliamentary Party; or
0b1 votes or abstains from voting in the House contrary to any direction issued by the Parliamentary
Party to which he belongs" in relation to
0i1 election of the Prime &inister or the *hief &inister; or
0ii1 a vote of confidence or a vote of noconfidence; or
0iii1 a &oney 7ill or a *onstitution 0Amendment1 7ill;
he may be declared in writing by the Party Head to have defected from the political party. and the Party
Head may forward a copy of the declaration to the Presiding >fficer and the *hief Clection
*ommissioner and shall similarly forward a copy thereof to the member concerned:
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 33" for EArticle <6AF.
Provided that before making the declaration" the Party Head shall provide such member with an
opportunity to show cause as to why such declaration may not be made against him.
)*+lanation, ###2Part3 HeadI means any person" by whatever name called" declared as such by the
Party.
031 A member of a House shall be deemed to be a member of a Parliamentary Party if he" having been
elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the
House or" having been elected otherwise than as a candidate or nominee of a political party" has become
a member of such Parliamentary Party after such election by means of a declaration in writing.
061 Upon receipt of the declaration under clause 0/1" the Presiding >fficer of the House shall
within two days refer" and in case he fails to do so it shall be deemed that he has referred" the
declaration to the *hief Clection *ommissioner who shall lay the declaration before the Clection
*ommission for its decision thereon confirming the declaration or otherwise within thirty days
of its receipt by the *hief Clection *ommissioner.
091 Where the Clection *ommission confirms the declaration" the member referred to in clause 0/1 shall
cease to be a member of the House and his seat shall become vacant.
0;1 Any party aggrieved by the decision of the Clection *ommission may" within thirty dayP" prefer an
appeal to the !upreme *ourt which shall decide the matter within ninety days from the date of the filing
of the appeal.
0<1 )othing contained in this Article shall apply to the *hairman or !peaker of a House.
0=1 (or the purpose of this Article:
0a1 IHouseI means the )ational Assembly or the !enate" in relation to the (ederation; and a Provincial
Assembly in relation to the Province" as the case may be;
0b1 EPresiding >fficerI means the !peaker of the )ational Assembly" the *hairman of the !enate or the
!peaker of the Provincial Assembly" as the case may be.
0?1 Article <6A substituted as aforesaid shall come into effect from the next general elections to be held
after the commencement of the constitution 0Cighteenth Amendment1 Act" 3A/A;
Provided that till Article <6A substituted as aforesaid comes into effect the provisions of existing Article
<6A shall remains operative."
81. Ea"a%!'# '- &ea%&. 0/1 a member of
/
4&a$lise!hoora 0Parliament18 may" by writing under his hand
addressed to the !peaker or" as the case may be" the *hairman resign his seat" and thereupon his seat
shall become vacant.
031 A House may declare the seat of a member vacant if" without leave .of the House" he remains absent
for forty consecutive days of its sittings.
86. Oa%h '- member&.- A person elected to a House shall not sit or vote until he has made before the
House oath in the form set out in the 5hird !chedule.
88. Pr!,!le)e& '- member&5 e%". 0/1 !ub$ect to the *onstitution and to the rules of procedure of
Parliament" there shall be freedom of speech in
/
4&a$lise!hoora 0Parliament18" and no member shall be
liable to any proceedings in any *ourt in respect of anything said or any vote given by him in
/
4&a$lise
!hoora 0Parliament18" and no person shall be so liable in respect of the publication by or under the
authority of
/
4&a$lise!hoora 0Parliament18 of any report" paper" votes or proceedings.
031 %n other respects" the powers" immunities and privileges of &a$lise!hoora 0Parliament1 and the
immunities and privileges of the members of
/
4&a$lise!hoora 0Parliament18" shall be such as may
from time to time be defined by law and" until so defined" shall be such as were" immediately before the
commencing day" en$oyed by the )ational Assembly of Pakistan and the committees thereof and its
members.
061 Provision may be made by law for the punishment" by a House" of persons who refuse to give
evidence or produce documents before a committee of the House when duly re#uired by the chairmen of
the committee so to do:
/
!ee footnote < on page ;" supra.
3
(or existing Article <6A see Addendum at p. 33A.
Provided that any such law
0a1 &ay empower a *ourt to punish a person who refuses to give evidence or produce documents; and
0b1 !hall have effect sub$ect to such >rder for safeguarding confidential matters from disclosure as may
be made by the President.
091 5he provisions of this Article shall apply to persons who have the right to speak in and otherwise to
take part in the proceedings of
/
4&a$lise!hoora 0Parliament18 as they apply to members.
0;1 %n this Article"
/
4&a$lise!hoora 0Parliament18 means either House or a $oint sitting" or a committee
thereof.
Procedure Generally
89. Rle& '- pr'"e$re5 e%". 0/1 !ub$ect to the *onstitution" a House" nay make rules for regulating its
procedure and the conduct of its business" and shall have power to act notwithstanding any vacancy in
the membership thereof" and any proceedings in the House shall not be invalid on the ground that some
persons who were not entitled to do so sat" voted or otherwise took part in the proceedings.
031 Until rules are made under clause 0/1" the procedure and conduct of business in a House shall be
regulated by the rules of procedure made by the President.
8;. Re&%r!"%!'# '# $!&"&&!'# !# Ma+l!&-e-Sh''ra 2Parl!ame#%3.)o discussion shall take place in
/
4&a$lise!hoora 0Parliament18 with respect to the conduct of any ,udge of the !upreme *ourt or of a
High *ourt in the discharge of his duties.
8<. C'r%& #'% %' !#>!re !#%' pr'"ee$!#)& '- Ma+l!&-e-Sh''ra 2Parl!ame#%3 - 0/1 the validity of any
proceedings in
/
4&a$lise!hoora 0Parliament18" shall not be called in #uestion on the ground of any
irregularity of procedure.
031 )o officer or member of &a$lise!hoora 0Parliament1i n whom powers are vested by or under the
*onstitution for regulating procedure or the conduct of business" or for maintaining order in
/
4&a$lise
!hoora 0Parliament18" shall be sub$ect to the $urisdiction of any *ourt in respect of the exercise by him of
those powers.
/
!ee footnote < on page ;" supra.
3
(or the rules of Procedure and *onduct of 7usiness in the !enate" see Ba+. >f Pak. /@=6" Cxt Pt. %%. Pp. /;96/<3A
(or the 2ules of Procedure and *onduct of 7usiness in the )ational Assembly" /@=6 see Ba+. >f Pak." /@=6" Cxt. Pt. %%. pp. /?@=
/@;=.
061 %n this Article"
/
4&a$lise!hooraF 0Parliament18 has the same meaning as in Article <<.
Legislative Procedure
(
*9=. I#%r'$"%!'# a#$ pa&&!#) '- B!ll&.- 0/1 A 7ill with respect to any matter in the (ederal Gegislative
Gist. &ay originate in either House and shall" if it is passed by the House in which it originated" be
transmitted to the other House and it shall be presented to the President for assent.
031 %f a 7ill transmitted to a House under clause 0/1 is passed with amendments it shall be sent back to
the House in which it originated and if that House passes the 7ill with those amendments it shall be
presented to the President for assent.
061 %f a 7ill transmitted to a House under clause 0/1 is re$ected or is" not passed within ninety days of its
laying in the House or a bill sent to the House under clause 031"with amendments is not passed by that
House with such amendment the 7ill" at the re#uest of the House in which it originated" shall be
considered in a $oint sitting and if passed by the votes of the ma$ority of the members present and the
voting in the $oint sitting it shall be presented to the President for assent.
091 %n this Article and the succeeding provisions of the *onstitution" I(ederal Gegislative GistI
and I*oncurrent Gegislative GistI mean respectively the (ederal Gegislative Gist and the
*oncurrent Gegislative Gist in the (ourth !chedule.
91. Me$!%a%!'# C'mm!%%ee omitted by the *onstitution 0Cighteenth Amdt1 Act" 3A/A 0/A of 3A/A1.s. 39
as amended by Gegislative Gist in the (ourth !chedule.
9(. Pr'"e$re a% +'!#% &!%%!#)&. 0/1 5he President" after consultation with the !peaker of the )ational
Assembly and the *hairman" may make
6
rules as to the procedure with respect to the $oint sittings of"
and communications between" the two Houses.
031 At a $oint sitting" the !peaker of the )ational Assembly or" in his absence" such person as may be
determined by the rules made under clause: 0/1 shall preside.
/
!ee footnote < on page ;. supra.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 36" for EArticle =AF
6
(or the Parliament 0,oint !itting1" 2ules /@=6" !ee Ba+. of Pak. /@=6" Cxt." Pt. %%. pp. /<;=/<=3.
061 5he rules made under clause 0/1 shall be laid before a $oint sitting and may be added to" varied"
amended or replaced at a $oint sitting.
091 !ub$ect to the *onstitution" all decisions at a $oint sitting shall be taken by the votes of the ma$ority
of the members present and voting.
9/. Pr'"e$re 4!%h re&pe"% %' M'#e7 B!ll&.-
/
40/1 )otwithstanding anything contained in Article =A or
Article =/" a &oney 7ill shall originate in the )ational Assembly
Provided that simultaneously when a &oney 7ill" including the (inance 7ill containing the Annual
7udget !tatement" is presented in the )ational Assembly a copy thereof shall be transmitted to the
!enate which may within fourteen days" make recommendations thereof to the )ational Assembly.
3
40/A1 the )ational Assembly shall consider the recommendations of the !enate and after 7ill has passed
by the Assembly with or without incorporating the recommendations of the !enate" it shall be presented
to the President for assent.8
6
L L L L L L L
031 (or the purposes of this *hapter" a 7ill or amendment shall be deemed to be a &oney 7ill if it
contains provisions dealing with all or any of the following matters" namely :
0a1 5he imposition" abolition" remission" alteration or regulation of any tax;
0b1 5he borrowing of money" or the giving of any guarantee" by the (ederal Bovernment" or the
amendment of the law relating to the financial obligations of that Bovernment;
0c1 5he custody of the (ederal *onsolidated (und" the payment of moneys into" or the issue of moneys
from" that (und;
0d1 5he imposition of a charge upon the (ederal *onsolidated (und" or the abolition or alteration of any
such charge;
1
Subs. by the Constitution /ighteenth "mdt.# "ct, &010 10 of &010#, s. &., for 'clause 1#(.
&
+ew clause 1"# ins., ibid.
1
/!isting clause 1"# stands omitted as conse8uence of the /ighteenth "mdt.# "ct, &010 10 of &010#, see section &.
0e1 5he receipt of moneys on account of the Public Account of the (ederation" the custody or issue of
such moneys;
0f1 5he audit of the accounts of the (ederal Bovernment or a Provincial Bovernment; and
0g1 Any matter incidental to any of the matters specified in the preceding paragraphs.
061 A 7ill shall not be deemed to be a &oney 7ill by reason only that it provides
0a1 (or the imposition or alteration of any fine or other pecuniary penalty" or for the demand or payment
of a license fee or a fee or charge for any service rendered; or
0b1 (or the imposition" abolition" remission" alteration or regulation of any tax by any local authority or
body for local purposes.
091 %f any #uestion arises whether a 7ill is a &oney 7ill or not" the decision of the !peaker of the
)ational Assembly thereon shall be final.
0;1 Cvery &oney 7ill presented to the President for assent shall bear a certificate under the hand of the
!peaker of the )ational Assembly that it is a &oney 7ill" and such certificate shall be conclusive for all
purposes and shall not be called in #uestion.
91. Fe$eral :',er#me#%@& "'#&e#% re>!re$ -'r -!#a#"!al mea&re&.- A &oney 7ill" or a 7ill or
amendment which if enacted and brought into operation would involve expenditure from the (ederal
*onsolidated (und or withdrawal from the Public Account of the (ederation or affect the coinage or
currency of Pakistan or the constitution or functions of the !tate 7ank of Pakistan shall not be introduced
or moved in
/
4&a$lise!hoora 0Parliament18 except by or with the consent of the (ederal Bovernment.
/
!ee footnote < on page ;" supra.
/
496. Pre&!$e#%G& a&&e#% %' B!ll&. 0/1 When a bill is presented to the President for assent the President
shall within
3
4ten8 days:
0a1 Assent to the bill; or
0b1 %n the case of a 7ill other than a &oney 7ill" return the 7ill to the &a$lisAeA!hoora 0Parliament1 with
a message re#uesting that the 7ill or any specified provisions thereof" be considered and that any
amendment specified in the message be considered.
6
4031 when President has returned a 7ill to the &a$lise!hoora0Parliament1" it shall be reconsidered by
the &a$lise!hoora 0Parliament in $oint sitting and" if it is again passed" with or without amendment" by
the &a$lise!hoora 0Parliament1 by the votes of the ma$ority of the members of both Houses present and
voting" it shall be deemed for the purposes of the *onstitution to have been passed by both Houses and
shall be presented to the President and the President shall give his assent within ten days" failings which
assent be deemed to have been given.8
061 When the President has assented
9
4or is deemed to have assented8 to a 7ill" it shall become law and
be called an Act of &a$lise!hoora 0Parliament1.
091 )o Act of &a$lise!hoora 0Parliament1" and no provision in any such Act" shall be invalid by reason
only that some recommendation" previous sanction or consent re#uired by the *onstitution was not given
if that Act was assented to or deemed to have been assented to in accordance with the *onstitution.8
98. B!ll #'% %' lap&e '# pr'r')a%!'#5 e%". 0/1 A 7ill pending in either House shall not lapse by reason
of the prorogation of the House.
031 A 7ill pending in the !enate which has not been passed by the )ational Assembly shall not lapse on
the dissolution of the )ational Assembly.
061 A 7ill pending in the )ational Assembly" or a 7ill which having been passed by the )ational
Assembly is pending in the !enate" shall lapse on the dissolution of the )ational Assembly.
/
!ubs by P.>. /9 of /@?;" Art. 3 and !ch." for EArticle =;F.
3
!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 3<" for EthirtyF.
6
!ubs ibid." for Eclause 031F.
9
%ns. ibid.
99. Ta0 %' be le,!e$ b7 la4 '#l7.- )o tax shall be levied for the purposes of the (ederation except by or
under the authority of Act of
/
4&a$lise!hoora 0Parliament18.
Financial Procedure
9;. Fe$eral C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%.-0/1 All revenues received by the (ederal
Bovernment" all loans raised by that Bovernment" and all moneys received by it in repayment of any
loan" shall form part of a consolidated fund" to be known as the (ederal *onsolidated (und.
031 All other moneys
0a1 2eceived by or on behalf of the (ederal Bovernment; or
0b1 2eceived by or deposited with the !upreme *ourt or any other *ourt established under the authority
of the (ederation;
!hall be credited to the Public Account of the (ederation.
9<. C&%'$75 e%".5 '- Fe$eral C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%. 5he custody of the (ederal
*onsolidated (und" the payment of moneys into that (und" the withdrawal of moneys there from" the
custody of other moneys received by or on behalf of the (ederal Bovernment" their payment into" and
withdrawal from" the Public Account of the (ederation" and all matters connected with or ancillary to the
matters aforesaid" shall be regulated by Act of Parliament or" until provision in that behalf is so made" by
rules made by the President.
;=. A##al B$)e% S%a%eme#%.- 0/1 5he (ederal Bovernment shall" in respect of every financial year"
cause to be laid before the )ational Assembly a statement of the estimated receipts and expenditure of
the (ederal Bovernment for that year" in this Part referred to as the Annual 7udget !tatement.
031 5he Annual 7udget !tatement shall show separately
a# 9he sums re8uired to meet e!penditure described by the Constitution as e!penditure
charged upon the (ederal *onsolidated (und; and
/
!ee footnote < on page ;" supra.
0b1 5he sums re#uired to meet other expenditure proposed to be made from the (ederal *onsolidated
(und;
And shall distinguish expenditure on revenue account from other expenditure.
;1. E0pe#$!%re "har)e$ p'# Fe$eral C'#&'l!$a%e$ F#$. 5he following expenditure shall be
expenditure charged upon the (ederal *onsolidated (und:
0a1 5he remuneration payable to the President and other expenditure relating to his office" and the
remuneration payable to
0i1 5he ,udges of the !upreme *ourt;
0ii1 5he *hief Clection *ommissioner;
0iii1 5he *hairman and the -eputy *hairman;
0iv1 5he !peaker and the -eputy !peaker of the )ational Assembly;
0v1 the Auditor Beneral;
0b1 the administrative expenses" including the remuneration payable to officers and servants" of the
!upreme *ourt" the department of the Auditor Beneral and the office of the *hief Clection
*ommissioner and of the Clection *ommission and the !ecretariats of the !enate and the )ational
Assembly;
0c1 all debt charges for which the (ederal Bovernment is liable" including interest" sinking fund charges"
the repayment or amorti+ation of capital" and other expenditure in connection with the raising of loans"
and the service and redemption of debt on the security of the (ederal *onsolidated (und;
0d1 any sums re#uired to satisfy any $udgment" decree or award against Pakistan by any *ourt or
tribunal; and
0e1 any other sums declared by the *onstitution or by Act of
/
4&a$lise!hoora 0Parliament18 to be so
charged.
/
!ee footnote < on page ;" supra.
;(. Pr'"e$re rela%!#) %' A##al B$)e% S%a%eme#%.-2/1 !o much of the Annual 7udget !tatement as
relates to expenditure charged upon the (ederal *onsolidated (und may be discussed in" but shall not be
submitted to the vote of" the )ational Assembly.
031 !o much of the Annual 7udget !tatement as relates to other expenditure shall be submitted to the
)ational Assembly in the form of demands for grants" and the Assembly shall have power to assent to"
or to refuse to assent to" any demand" or to assent to any demand sub$ect to a reduction of the amount
specified therein;
Provided that" for a period of ten years from the commencing day or the holding of the second general
election to the )ational Assembly" whichever occurs later" a demand shall be deemed to have been
assented to without any reduction of the amount specified therein" unless" by the votes of a ma$ority of
the total membership of the Assembly" it is refused or assented to sub$ect to a reduction of the amount
specified therein.
061 )o demand for a grant shall be made except on the recommendation of the (ederal Bovernment.
;/. A%he#%!"a%!'# '- &"he$le '- a%h'r!&e$ e0pe#$!%re.- 0/1 5he Prime &inister shall authenticate
by his signature a schedule specifying
0a1 the grants made or deemed to have been made by the )ational Assembly under Article ?3" and
0b1 the several sums re#uired to meet the expenditure charged upon the (ederal *onsolidated (und but
not exceeding" in the case of any sum" the sum shown in the statement previously laid before the
)ational Assembly.
031 5he schedule so authenticated shall be laid before the )ational Assembly" but shall not be open to
discussion or vote thereon.
061 !ub$ect to the *onstitution" no expenditure from the (ederal *onsolidated (und shall be deemed to
be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before
the )ational Assembly as re#uired by clause 031.
;1. Sppleme#%ar7 a#$ e0"e&& )ra#%&. %f in respect of any financial year it is found
0a1 that the amount authori+ed to be expended for a particular service for the current financial year is
insufficient" or that a need has arisen for expenditure upon some new service not included in the Annual
7udget !tatement for that year ; or
0b1 that any money has been spent on any service during a financial year in excess of the amount granted
for that service for that year;
the (ederal Bovernment shall have power to authori+e expenditure from the (ederal *onsolidated (und"
whether the expenditure is charged by the *onstitution upon that (und or not" and shall cause to be laid
before the )ational Assembly a !upplementary 7udget !tatement or" as the case may be" an Cxcess
7udget !tatement" setting out the amount of that expenditure" and the provisions of Articles ?A to ?6
shall apply to those statements as they apply to the Annual 7udget !tatement.
;6. E'%e& '# a""'#%. )otwithstanding anything contained in the foregoing provisions relating to
financial matters" the )ational Assembly shall have power to make any grant in advance in respect of the
estimated expenditure for a part of any financial year" not exceeding four months" pending completion of
the procedure prescribed in Article ?3 for the voting of such grant and the authentication of the schedule
of authori+ed expenditure in accordance with the provisions of Article ?6 in relation to the expenditure.
;8. P'4er %' a%h'r!?e e0pe#$!%re 4he# A&&embl7 &%a#$& $!&&'l,e$. )otwithstanding anything
contained in the foregoing provisions relating to financial matters" at any time when the )ational
Assembly stands dissolved" the (ederal Bovernment may authori+e expenditure from the (ederal *on
solidated (und in respect of the estimated expenditure for a period not exceeding four months in any
financial year" pending completion of the procedure prescribed in Article ?3 for the voting of grants and
the authentication of the schedule of authori+ed expenditure in accordance with the provisions of Article
?6 in relation to the expenditure.
;9. Se"re%ar!a%& '- Parl!ame#%. 0/1 Cach House shall have a separate !ecretariat
Provided that nothing in this clause shall be construed as preventing the creation of posts common to
both Houses.
031
/
4&a$lise!hoora 0Parliament18 may by law regulate the recruitment and the conditions of service of
persons appointed to the secretarial staff of either House.
061 Until provision is made by
/
4&a$lise!hoora 0Parliament18 under clause 031" the !peaker or" as the
case may be" the *hairman may" with the approval of the President" make rules
3
regulating the
recruitment" and the conditions of service" of persons appointed to the secretarial staff of the )ational
Assembly .or the !enate.
;;. F!#a#"e C'mm!%%ee&.-0/1 5he expenditure of the )ational Assembly .and the !enate within
authorised appropriations shall be controlled" by the )ational Assembly or" as the case may be" the
!enate acting on the advice "of its (inance *ommittee.
031 5he (inance *ommittee shall consist of the !peaker or" as the case" may be; the *hairman" the
&inister of (inance and such other members as: may b elected thereto by the )ational Assembly or" as
the case may be" she !enate.
061 5he (inance *ommittee may make rules
6
for regulating its procedure.
Ordinances
;<. P'4er '- Pre&!$e#% %' pr'ml)a%e Or$!#a#"e&.- 0/1 5he President may" except when the
9
4!enate
or8 )ational Assembly is in session" if satisfied that circumstances exist which render it necessary to take
immediate action" make and promulgate an >rdinance as the circumstances may re#uire.
031 An >rdinance promulgated under this Article shall have the same force and effect as an Act of
/
4&a$lise!hoora 0Parliament18 and shall be sub$ect to like
/
!ee footnote < on page ;" supra.
3
(or the )ational Assembly !ecretariat 02ecruitment1 2ules" /@=6" see Ba+. of Pak." /@=6" Cxt." Part%%" pp. 33=@33?<
(or the !enate !ecretariat 0recruitment1 2ules" /@=6" see ibid." pp. 36A/36A=.
6
(or the )ational Assembly 0(inance *ommittee1 2ules" /@=6" see Ba+. of Pak." /@=6" Cxt." Part %%" pp. 39;/39;9.
(or the !enate 0(inance *ommittee1 2ules. /@=6" see ibid." pp. 39=@39?3.
9
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1. s. 3=.
restrictions as the power of
/
4&a$lise!hoora 0Parliament18 to make law" but every such >rdinance
0a1 shall be laid
0i1 before the )ational Assembly if it
3
4contains provisions dealing with all or any
of the matters specified in clause 031 of article =68" and shall stand repealed at the
expiration of
6
4one hundred and twenty days8 from its promulgation or" if before
the expiration of that period a resolution disapproving it is passed by the
Assembly upon the passing of that resolution
9
4:8
;
4Provided that the )ational Assembly may by a resolution extend the >rdinance
for further period of one hundred and twenty days and it shall stand repealed at the
expiration of the extended period" of if before the expiration of that period a
resolution disapproving it is passed by the Assembly" upon the passing of that
resolution;
Provided further that extension for further period may be made only once.8
0ii1 before both Houses if it
<
4does not contain provisions dealing with any of the
matters referred to in subparagraph 0i18" and shall stand repealed at the expiration
of
6
4one hundred and twenty days8 from its promulgation or" if before the
expiration of that period a resolution disapproving it is passed by either House"
upon the passing of that resolution
=
4:8
?
4Provided that either House may by a resolution extend it for a further period of
one hundred and twenty days and
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?; 0P.>. )o. 3A of /@?;1" Art 3" for certain words.
6
!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 3=" for Efour monthsF.
9
!ubs. ibid. for the semicolon.
;
)ew provisos ins. ibid.
<
!ubs. by P.>. 3A of /@?; Art 3 for certain words.
=
!ubs. by Act /A of 3A/A" s. 3=. for E;andF.
?
)ew provisos ins. ibid.
it shall stand repealed at the expiration of the extended period" or if before the
expiration of that period a resolution disapproving it is passed by a House upon
the passing of that resolution:
Provided that further that extension for a further period may be made only once;
and 8
0b1 may be withdrawn at any time by the President.

/
4061 Without pre$udice to the provisions of clause 031"
0a1 an >rdinance laid before the )ational Assembly under subparagraph 0a1 of clause031 shall be
deemed to be a 7ill introduced in the )ational Assembly; and
0b1 an >rdinance laid before both Houses under subparagraph 0ii1 of paragraph 0a1 of clause 031 shall be
deemed to be a 7ill introduced in the House where it was first laid.
CHAPTER /.-THE FEDERAL :OEERNMENT
3
4
6
4<=. The Fe$eral :',er#me#%.0/1 !ub$ect to the *onstitution" the executive authority of the
(ederation shall be exercised in the name of the President by the (ederal Bovernment" consisting of the
Prime &inister and the (ederal &inisters" which shall act through the Prime &inister who shall be the
chief executive of the (ederation.
031 %n the performance of his functions under the *onstitution the Prime &inister may act either directly
or through the (ederal &inisters. 8
1
*<1. The Cab!#e%.0/1 5here shall be a *abinet of &inisters with the Prime &inister at its head to aid
and advise the President in the exercise of his functions.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 3=" for Eclause 061F.
3
!ubs. by P.>. /9 of /@?; Art. 3 and sch." for Articles E@A" @/" @3" @6" @9" @; and @<.F
6
!ubs. by Act /A of 3A/A" !. 3?. for EArticle @AF.
9
!ubs. ibid." s. 3@" for EArticle @/F.
031 5he )ational Assembly shall meet on the twenty five day following the day on which a general
election to the Assembly is held" unless sooner summoned by the President.
061 After the election of the !peaker and the -eputy !peaker" the )ational Assembly shall" to the
exclusion of any other business" proceed to elect without debate one of its &uslim members to be the
Prime &inister.
091 5he Prime &inister shall be elected by the votes of the ma$ority of the total membership of the
)ational Assembly;
Provided that" if no member secures such ma$ority in the first poll" a. second poll shall be held between
the members who secure the two highest numbers of votes in the first poll and the member who secures a
ma$ority of votes of the members present and voting shall be declared to have been elected as Prime
&inister ;
Provided further that" if the number of votes secured by two or more members securing the highest
number of votes is e#ual" further poll shall be held between them until one of them secures a ma$ority of
votes of the members present and voting.
0;1 5he member elected under clause 091 shall be called upon by the President to assume the office of
Prime &inister and be shall" before entering upon the office" make before the President oath in the form
set out in the 5hird !chedule.
0<1 the *abinet together with the &inisters of !tate shall be collectively responsible to the !enate and the
)ational Assembly.
0=1 the Prime &inister shall hold office during the pleasure of the President" but the President shall not
exercise his powers under this clause unless he is satisfied that the Prime &inister does not command the
confidence of the ma$ority of the members of the )ational Assembly" in which case he shall summon the
)ational Assembly and re#uire the Prime &inister to obtain a vote of confidence from the Assembly.
0?1 5he Prime &inister may by writing under his hand addressed to the President" resign his office.
0@1 A &inister who for any period of six consecutive months is not a member of the )ational
Assembly shall" at the expiration of that period. cease to be a &inister and shall not before the
dissolution of that Assembly be again appointed a &inister unless he is elected a member of
that Assembly:
Provided that nothing contained in this clause shall apply to a &inister who is member of the
!enate.
0/A1 )othing contained in this Article shall be construed as dis#ualifying the Prime &inister or any other
&inister or a &inister of !tate for continuing in office during any period during which the )ational
Assembly stands dissolved" or as preventing the appointment of any person as Prime &inister or other
&inister or a &inister of !tate during any such period.8
<(. Fe$eral M!#!&%er& a#$ M!#!&%er& '- S%a%e.- 213 !ub$ect to clauses
/
40@1 and 0/A18 of Article @/" the
President shall appoint (ederal &inisters and &inisters of !tate from amongst the members of &a$lise
!hoora 0Parliament1 on the advice of the Prime &inister:
Provided that the number of (ederal &inisters and &inisters of !tate who are members of the !enate
shall not at any time exceed onefourth of the number of (ederal &inisters.
3
4:8
6
4Provided further that the total strength of the *abinet" including &inisters of !tale. shall not exceed
eleven percent of the total membership of &a$lise!hoora 0parliament1:
Provided also that the aforesaid amendment shall be effective from the next general election held after
the commencement of the *onstitution 0Cighteenth Amendment1 Act. 3A/A.8
031 7efore entering upon office" a (ederal &inister or &inister of !tate shall make before the President
oath in the form set out in the 5hird !chedule.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6A" for E0=1 and 0?1F.
3
!ubs. ibid. for the fullstop.
6
Provisos ins. ibid.
061 5he (ederal &inister or &inisters of !tate may" by writing under his hand addressed
to the President" resign his office or may be removed from office by the President on the advice of the
Prime &inister.
</. 2l3 A$,!&'r&: 5he President may" on the advice of the Prime" Advisers.
&inister" appoint not more than five Advisers. on such terms and conditions as he may determine.
031 5he provisions of Article ;= shall also apply to an Adviser.
<1. Pr!me M!#!&%er "'#%!#!#) !# '--!"e. 5he President may ask the Prime &inister to continue to hold
office until his successor centers upon the office of Prime &inister.
<6.213 E'%e '- #'-"'#-!$e#"e a)a!#&% Pr!me M!#!&%er. A resolution for a vote of noconfidence moved
by not less than twenty per centum of the total membership of the )ational Assembly may be passed
against the Prime &inister by the )ational Assembly.
031 A resolution referred to in clause 0/1 shall not be voted upon before the expiration of three days" or
later than seven days" from the day on which such resolution is moved in the )ational Assembly.
061 A resolution referred to in clause 0l1 shall not be moved in the )ational Assembly while the )ational
Assembly is considering demands for grants submitted to it in the Annual 7udget !tatement.
091 %f the resolution referred to in clause 0/1 is passed by a ma$ority of the total membership of the
)ational Assembly" the Prime &inister shall cease to hold office.8
<8. 4Oote of no confidence against Prime &inister.8 >mitted by substitution through renumbering vide
P. >. )o. /9 of /@?;" Art. 3 and !ch.
<9. E0%e#% '- e0e"%!,e a%h'r!%7 '- Fe$era%!'#. !ub$ect to the *onstitution" the executive authority of
the federation shall extend to the matters with respect to which
/
4&a$lise!hoora 0Parliament1 has
power to make laws" including :ex excise of rights" authority and $urisdiction in and in relation
to areas outside Pakistan; Provided that the said authority shall not" save as expressly provided
in the *onstitution or in any law made by &a$lise!hoora 0Parliament18 extend in any
Province to a matter with respect to which the Provincial Assembly has also power to make
laws.
<;. C'#-err!#) '- -#"%!'#& '# &b'r$!#a%e a%h'r!%!e&. >n the recommendation of the (ederal
Bovernment"
/
4&a$lise!hoora 0Parliament18 may by law confer functions upon officers or authorities
subordinate to the (ederal Bovernment.
(
*<<. C'#$"% '- b&!#e&& '- Fe$eral :',er#me#%. 0/1 All executive actions of the (ederal
Bovernment &a$lise!hoora 0Parliament1 may by law confer functions upon officers or authorities
subordinated to the (ederal Bovernment
031. 5he
6
4(ederal Bovernment8 shall by rules specify the manner in which orders and other
instruments made and executed
9
4in the name of the President8 shall be authenticated" and the validity of
any order or instrument so authenticated shall not be #uestioned in any court on the ground that it was
not made or executed by the President.
;
4061 5he (ederal Bovernment shall also make rules for the allocation and transaction of its business8
1==. A%%'r#e7 :e#eral -'r PaA!&%a#. 0/1 5he President shall appoint a person" being a person
#ualified to be appointed a ,udge of the !upreme *ourt" to be the Attorney Beneral for Pakistan.
031 5he Attorney Beneral shall hold office during the pleasure of the President.
<
4and shall not engage
in private practice so long as he holds the office of the Attorney Beneral8
061 %t shall be the duty of the Attorney Beneral to give advice to the (ederal Bovernment upon such
legal matters" and to perform such other duties of a legal character" as may be referred or assigned to
him by the (ederal Bovernment" and in the performance of his duties he shall have the right of audience
in all *ourts and tribunals in Pakistan.
091 5he Attorney Beneral may" by writing under his hand addressed to the President" resign his office.
/
!ee footnote < on page ;. supra.
3
!ubs. by P.>. )o. /9 of /@?;" Art.3 and !ch." for EArt @@.F
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1 s. 6/" for EPresidentF.
9
!ubs. ibid." for Ein his nameF
;
!ubs. ibid." s. 6/" fir Eclause 061F.
<
Added ibid." s. 63.
PART IE
PROEINCES
CHAPTER I.-THE :OEERNORS
1=1. App'!#%me#% '- :',er#'r.
/
40/1 5here shall be a Bovernor for each: Province" who shall
be appointed by the President on the advice of the Prime &inister8
031 A person shall not be appointed a Bovernor unless he is #ualified to be elected as a member of the
)ational Assembly and is not less than thirty five years of age
3
4and is registered voter and resident of
the Province concerned.8
6
4:8
9
L L L L L L L
9
L L L L L L L
061 5he Bovernor shall hold office during the pleasure of the President
;
4and shall be entitled to such
salary" allowances and privileges to the President may determine8.
091 5he Bovernor may" by writing under his hand addressed to" if resident" resign his office.
<
40;1 the President may make such provision as he thinks fit for the discharge of the functions of a
Bovernor
=
4in any contingency not provided for in this Part.8
1=(. Oa%h '- '--!"e. 7efore entering upon office" the Bovernor shall make before the *hief ,ustice of
the High *ourt oath in the form set out in the 5hird !chedule.
103. Conditions of Governor's office.- 1# 9he :overnor shall not hold any office of profit in
the service of )a;istan or occupy any other position carrying the right to remuneration for the
rendering of services.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1 s. 66" for Eclause 0/1F.
3
Added ibid.
6
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. 3" for the fullstop 0w.e.f. the /6th !eptember" /@=<1.
9
Proviso and clause 03A1 omitted by the *onstitution 0Cight Amdt.1 Act" /@?; 0/? of /@?;1" s. // which was previously amended by Act <3 of
/@=<" s.3.
;
Added by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. < 0w.e.f. the 9th &ay" /@=91.
<
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
=
Added by Act /? of /@?;" s.//.
031 5he Bovernor shall not be a candidate for election as a member of
/
4&a$lise!hoora
0Parliament18 or a Provincial Assembly and" if a member of
/
4&a$lise!hoora 0Parliament18 or a
Provincial Assembly is appointed as Bovernor" his seat in
/
4&a$lise!hoora 0Parliament18 or" as the
case may be" the Provincial Assembly shall become vacant on the day he enters upon his office.
(
*1=1. SpeaAer Pr',!#"!al A&&embl7 %' a"% a&5 'r per-'rm -#"%!'#& '- :',er#'r !# h!& ab&e#"e.
When the Bovernor by reason of absence from Pakistan or for any other cause is unable to perform his
functions" the !peaker of the Provincial Assembly and in his absence any other person as the President
may nominate shall perform the functions of Bovernor until the Bovernor returns to Pakistan or as the
case may be resumes his functions.8
/
*1=6. :',er#'r %' a"% '# a$,!"e5 e%". 0/1 !ub$ect to the *onstitution" in the performance of his
functions" the Bovernor shall act
9
4on and8 in accordance with the advice of the *abinet
;
4or the *hief
&inister8 :
;
4Provided that
9
4within fifteen days8 the Bovernor may re#uire the *abinet or as the case may be the
*hief &inister to reconsider such advice whether generally or otherwise and the Bovernor shall
9
4"within ten days"8 act in accordance with the advice tendered after such reconsideration.8
<
L L L L L L L
031 the #uestion whether any and if so what advice was tendered to the Bovernor by the *hief &inister
=
4or the *abinet8 shall not be in#uired into in or by court" tribunal. >r other authority
?
4061 where the Bovernor dissolves the Provincial Assembly" notwithstanding anything contained in
clause 0/1" he shall:
0a1 appoint date" not later than ninety days from the date of dissolution" for the holding of a general
elections to the Assembly; and
0b1 appoint a caretaker *abinet.8

@
L L L L L L L L
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 69" for EArticle /A9F.
6
!us. 7y P.>. )o. /9 of /@?;" Art" 3 and !ch." for EArticle /A;F.
9
%ns by Act )o. /A of 3A/A. s. 6;.
;
!ubs. by the *onstitution 0Cight Amdt.1 Act" /@?; 0/? of /@?;1" s. /3. for Eproviso"F
<
Proviso omitted ibid.
=
!ubs. ibid." for Ethe *abinet or a &inisterF.
?
!ubs. by Act )o. /A of 3A/A" s. 6;" for Eclause 061.F
@
*lause 091 omitted. %bid.
0;1 the Provisions of clause
/
4031 of Article 9? shall have effect in relation to a Bovernor as if
reference therein to EPresidentF were references to EBovernorF .8
CHAPTE !.- PO"I#CIAL A$$E%&LIE$
(
*1=8. 213C'#&%!%%!'# '- Pr',!#"!al A&&embl!e&.0/1 5here shall be a Provincial Assembly for each
Province consisting of the number of members hereinafter specified to be elected by direct and free vote
in accordance with law
Beneral !eats Women )on.&uslim 5otal
7aluchistan ;/ // 6 <;
:hyber
Pakhtunkhwa
@@ 33 6 /39
Pun$ab 3@= << ? 6=/
!indh /6A 3@ @ /<?
031 A person shall be entitled to vote if:
0a1 he is a citi+en of Pakistan;
0b1 he is not less than eighteen years of age ;
0c1 his name appears on the electoral roll for any area in the Province
;and
0d1 he is not declared by a competent *ourt to be of unsound mind:
061 for the purpose of election to a Provencal Assembly:
0a1 the constituencies for the general seats shall be single member territorial constituencies and
the members to fill such seats shall be elected by direct and free vote;
0b1 each Province shall be a single constituency for all seats reserved for women and non
&uslims allocated to the respective Provinces under clause0/1
0c1 the members to fill seats reserved for women and non&uslims allocated to a Province under
clause0/1 shall be elected in accordance with law through proportional representation system of
political parties lists of candidates on the basis of the total number of general seats secured by
each political party in the Provincial Assembly:
/
!ubs. by the *onstitution 0Cight Amdt.1 Act" /@?; 0/? of /@?;1 s. /3 for E061F.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6<" for EArticle /A<F and shall be deemed always to have
been so" sub. with effect from 3/
st
day of August" 3AA3.
Provided that" for the purpose of this subclause" the total number of general seats won by a political part
shall include the independent returned candidate or candidates who may duly $oin such political party
within three days of the publication in the official ga+ette of the names of the returned candidates8
1=9. Dra%!'# '- Pr',!#"!al A&&embl7. A Provincial Assembly shall unless sooner dissolved" continue
for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its
term.
1=;. SpeaAer a#$ Dep%7 SpeaAer.- After a general election" a Provincial Assembly shall" at its first
meeting and to the exclusion of any other business" elect from amongst its members a !peaker and a
-eputy !peaker and" so often as the office of !peaker or -eputy !peaker becomes vacant" the Assembly
shall elect another member as !peaker or" as the case may be". -eputy !peaker.
1=<. Smm'#!#) a#$ pr'r')a%!'# '- Pr',!#"!al A&&embl7. 5he Bovernor may from time to time
0a1 summon the Provincial Assembly to meet at such time and place as he thinks fit; and
0b1 prorogue the Provincial Assembly"
11=. R!)h% '- :',er#'r %' a$$re&& Pr',!#"!al A&&embl7. 5he Bovernor may address the Provincial
Assembly and may for that purpose re#uire the attendance of the members.
111. R!)h% %' &peaA !# Pr',!#"!al A&&embl7. 5he Advocate Beneral 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 Article be entitled to vote.
1
*11(. 213 D!&&'l%!'# '- Pr',!#"!al A&&embl7. 5he Bovernor shall dissolve the Provincial Assembly if
so advised by the *hief &inister; and the Provincial Assembly shall" unless sooner dissolved" stand
dissolved at the expiration. of forty eight hours after the *hief &inister has so advised.
E0pla#a%!'#. 2eference in this Article to I*hief &inisterI shall not be construed to include reference to
a *hief &inister against whom a resolution. for a vote of no confidence has been moved in the
Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no
confidence has been passed.
031 the Bovernor may also dissolve the Provincial Assembly in his discretion" but sub$ect to the previous
approval of the President" where a vote of noconfidence having been passed against the *hief &inister"
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6=. for EArticle //3F.
no other member of the Provincial Assembly commands the confidence of the ma$ority of the members
of the Provincial Assembly in accordance with the provisions of the *onstitution as ascertained in a
session of the Provincial Assembly summoned for the purpose.8
1
*11/. Fal!-!"a%!'#& a#$ $!&>al!-!"a%!'#& -'r member&h!p '- Pr',!#"!al A&&embl7.- the
#ualification and dis#ualifications for the membership of the )ational Assembly set out in Article <3 and
<6 shall also apply for membership of a Provincial Assembly as if reference therein to E)ational
AssemblyF were reference to EProvincial AssemblyF.8
111. Re&%r!"%!'# '# $!&"&&!'# !# Pr',!#"!al A&&embl7.- )o discussion shall take place in a Provincial
Assembly with respect to the conduct of any ,udge of the !upreme *ourt or of a High *ourt in the
discharge of his duties.
116. Pr',!#"!al :',er#me#%@& "'#&e#% re>!re$ -'r -!#a#"!al mea&re&.--0/1 A &oney 7ill" or a 7ill
or amendment which if enacted and brought into operation would involve expenditure from the
Provincial *onsolidated (und or withdrawal from the Public Account of the Province shall not be intro
duced or moved in the Provincial Assembly except by or with the consent of the Provincial Bovernment.
031 (or the purposes of this Article" a 7ill or amendment shall be deemed to be a &oney 7ill if it
contains provisions dealing with all or any of the following matters" namely
0a1 the imposition" abolition" remission" alteration or regulation of any tax ;
0b1 the borrowing of money or the giving of any guarantee" by the Provincial Bovernment or the
amendment of the law relating to the financial obligations of that Bovernment ;
0c1 the custody of the Provincial *onsolidated (und" the payment of moneys into" or issue of moneys
from" that (und;
0d1 the imposition of a charge upon the Provincial *onsolidated (und" or the abolition or alteration of
any such charge;
/
!ubs P.>. )o. /9 of /@?;" Art. 3 and !ch. for EArt //6F.
0e1 the receipt of moneys on account of the Public Account of the Province" the custody or issue of such
moneys; and
0f1 any matter incidental to any of the matters specified in the preceding paragraphs.
061 A 7ill shall not be deemed to be a &oney 7ill by reason only that it provides
0a1 for the imposition or alteration of any fine or other pecuniary penalty or for the demand or payment
or a license fee or a fee or charge for any service rendered; or
0b1 for the imposition" abolition" remission" alteration or regulation of .any tax by any local authority or
body for local purposes.
091 %f any #uestion arises whether a 7ill is a &oney 7ill or not" the decision of the !peaker of the
Provincial Assembly thereon shall be final.
0;1 Cvery &oney 7ill presented to the Bovernor for assent shall bear a certificate under the hand of the
!peaker of the Provincial Assembly that it is a &oney 7ill and such certificate shall be conclusive for all
purposes and shall not be called in #uestion.
1
*118. A&&e#% b7 %he :',er#'r. 0/1 When a 7ill has been passed by the Provincial Assembly" it shall
be presented to the Bovernor for assent.
031 when the 7ill is presented to the Bovernor for assent the Bovernor shall within
3
4ten8 days
0a1 assent to the 7ill; or
0b1 in the case of a bill other than a &oney 7ill return the 7ill to the Provincial Assembly with a
message re#uesting that the 7ill" or any specified provision thereof" be considered and that any
amendment specified in the message be considered.
6
4061 when the Bovernor has returned a bill to the Provincial assembly" it shall reconsidered by the
/
!ubs. by P.>. )o. /9 of /@?;" Art 3 and !ch. for EArt. //<F.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6?" for EthirtyF.
6
!ubs. by the *onstitution 0Cight Amdt.1 Act" /@?; 0/? of /@?;1" s. /;" for Eclause 061F.
Provincial Assembly" and if it is again passes with or without amendment by the Provincial Assembly by
the votes of ma$ority of the members of the Provincial Assembly present and voting" it shall be again
presented to the governor and the governor shall
/
4give his assent within ten days" failing which such
assent shall be deemed to have been given.8
091 When the Bovernor has assented
3
4or is deemed to have assented8 to" a 7ill" it shall become law and
be called an Act of Provincial Assembly.
0;1 )o Act of a Provincial Assembly" and no provision in any such Act shall be invalid by reason only
that some recommendation" previous sanction or consent re#uired by the *onstitution was not given if
that Act was assented to or deemed to have been assented to in accordance with the *onstitution.
119. B!ll #'% %' lap&e '# pr'r')a%!'#5 e%".0/1 A 7ill pending in a Provincial Assembly shall not lapse
by reason of the prorogation of the Assembly.
031 A 7ill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly.
Financial Procedure
11;. Pr',!#"!al C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%.0/1 All revenues received by the Provincial
Bovernment" all loans raised by that Bovernment"" and all moneys received by it in repayment of any
loan" shall form part of a consolidated fund" to be known as the Provincial *onsolidated (und.
031 All other moneys
0a1 received by or on behalf of the Provincial Bovernment ; or
0b1 received by or deposited with the High *ourt or any other court established under the authority of
the Province;
shall be credited to the Public Account of the Province.
11<. C&%'$75 e%".5 '- Pr',!#"!al C'#&'l!$a%e$ F#$ a#$ Pbl!" A""'#%.- 5he custody of the
Provincial *onsolidated (und" the payment of moneys into that (und" the withdrawal of moneys there
from" the custody of other moneys received by or on behalf of the Provincial Bovernment" their pay
ment into" and withdrawal from" the Public Account of the Province and all matters connected with or
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 6?" for Enot withhold his assent thereformF.
3
%ns. ibid.
ancillary to the matters aforesaid" shall be regulated by Act of the Provincial Assembly or" until
provision in that behalf is so made" by rules made by the Bovernor.
1(=. A##al B$)e% S%a%eme#%.-0/1 5he Provincial Bovernment shall" in respect of every financial
year" cause to be laid before the Provincial Assembly a statement of the estimated receipts and
expenditure of the Provincial Bovernment for that year" in this *hapter referred to as the Annual. 7udget
!tatement.
031 5he Annual 7udget !tatement shall show separately
0a1 the sums re#uired to meet expenditure described by the *onstitution" as expenditure charged upon the
Provincial *onsolidated (und; and
0b1 the sums re#uired to meet other expenditure proposed to be made from the Provincial *onsolidated
(und;
and shall distinguish expenditure on revenue account from other= expenditure.
1(1. E0pe#$!%re "har)e$ p'# Pr',!#"!al C'#&'l!$a%e$ F#$. 5he following expenditure shall be
expenditure charged upon the Provincial *onsolidated (und:
0a1 the remuneration payable to the Bovernor and other expenditure relating to his office" and the
remuneration payable to
0i1 the ,udges of the High *ourt; and
0ii1 the !peaker and -eputy !peaker of the Provincial Assembly;
0b1 the administrative expenses" including the remuneration payable to officers and servants" of the High
*ourt and the !ecretariat of the Provincial Assembly ;
0c1 all debt charges for which the Provincial Bovernment is liable" including interest" sinking fund
charges the repayment or amorti+ation of capital" and other expenditure in connection with the raising of
loans" and the service and redemption of debt on the security of the Provincial *onsolidated (und;
0d1 any sums re#uired to satisfy any $udgment" decree or award against the Province by any *ourt or
tribunal ; and
0e1 any other sums declared by the *onstitution or by Act of the Provincial Assembly to be so
charged.
1((. Pr'"e$re rela%!#) %' A##al B$)e% S%a%eme#%.-0/1 !o much of the Annual 7udget !tatement
as relates to expenditure charged upon the Provincial *onsolidated (und may be discussed in" but shall
not be submitted to the vote of" the Provincial Assembly.
031 !o much of the Annual 7udget !tatement as relates to '%her5 expenditure shall be submitted to the
Provincial Assembly in the form of demands for grants" and that Assembly shall have power to assent
to" or to refuse to assent to" any demand" or to assent to any demand sub$ect to a reduction of the
amount specified therein.
/
L L L L L L L
061 )o demand for a grant shall be made except on the recommendation of the Provincial Bovernment.
1(/. A%he#%!"a%!'# '- &"he$le '- a%h'r!?e$ e0pe#$!%re.0/1 5he *hief" &inister shall
authenticate by his signature a schedule specifying
0a1 the grants made or deemed to have been made by the Provincial Assembly under Article /33" and
0b1 the several sums re#uired to meet the expenditure charged upon the Provincial *onsolidated (und
but not exceeding" in the case of any sum" the sum shown in the statement Previously laid before the
Assembly.
031 5he schedule so authenticated shall be laid before the Provincial Assembly" but shall not be open to
discussion or vote thereon.
061 !ub$ect to the *onstitution" no expenditure from the Provincial *onsolidated (und shall be deemed
/
Proviso omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s.6@.
to be duly authori+ed unless it is specified %n the !chedule so authenticated and such !chedule is laid
before the provincial Assembly as re#uired by clause 031.
1(1. Sppleme#%ar7 a#$ e0"e&& )ra#%. %f in respect of any financial year it is found
0a1 that the amount authori+ed to be expended for a particular service for the current financial year is
insufficient" or that a need has arisen for .expenditure upon some new service not included in the Annual
7udget !tatement for that year; or
0b1 that any money has been spent on any service during a financial year in excess of the amount granted
for that service for that year ;
the Provincial Bovernment shall have power to authori+e expenditure from the Provincial *onsolidated
(und" whether the expenditure is charged by the *onstitution upon that (und or not" and shall cause to
be laid before the Provincial Assembly a !upplementary 7udget !tatement or" as the case may be" an
Cxcess 7udget !tatement" setting out the amount of that expenditure" and the provisions of Articles /3A
to /36 shall apply to those statements as they apply to the Annual 7udget !tatement.
1(6. E'%e& '# a""'#%.- )otwithstanding anything contained in the foregoing provisions relating to
financial matters" the Provincial Assembly .shall have power to make any grant in advance in respect of
the estimated .expenditure for a part of any financial year" not exceeding three months" pending
completion of the procedure prescribed in Article //3 for the voting of such grant and the
authentication of the !chedule of expenditure in accordance with the provisions of Article /36 in
relation to the expenditure.
1(8. P'4er %' a%h'r!?e e0pe#$!%re 4he# A&&embl7 &%a#$& $!&&'l,e$.- )otwithstanding anything
contained in the foregoing provisions relating to financial matters" at any time when the Provincial
Assembly stands dissolved" .the Provincial Bovernment may authori+e expenditure from the Provincial
*onsolidated (und in respect of the estimated expenditure for a period not exceeding four months in
any financial year" pending completion of the procedure prescribed in Article /33 for the voting of
grants and the authentication of the !chedule of authori+ed expenditure in accordance with the
provisions of Article /36 in relation to the expenditure.
1(9. Pr',!&!'#& rela%!#) %' Na%!'#al A&&embl75 e%". %' appl7 %' Pr',!#"!al A&&embl75 e%". !ub$ect
to the *onstitution" the provisions of clauses 031 to 0?1 of Article ;6" clauses 031 and 061 of Article ;9"
Article ;;" Articles <6 to <=" Article <@" Article ==" Article ?= and Article ?? shall apply to and in
relation to a Provincial Assembly or a committee or members thereof or the Provincial Bovernment" but
so that
0a1 any reference in those provisions to
/
4 &a$lise!hoora0Parliament18" a House or the )ational
Assembly shall be read as a reference to the Provincial Assembly;
0b1 any reference in those provisions to the President shall be read as a reference to the Bovernor of the
Province;
0c1 any reference in those provisions to the (ederal Bovernment shall be read as a reference to the
Provincial Bovernment;
0d1 any reference in those provisions to the Prime &inister shall be read as a reference to the *hief
&inister;
0e1 any reference in those provisions to a (ederal &inister shall be read its a reference to a Provincial
&inister;
3
L
0f1 any reference in those provisions to the )ational Assembly of Pakistan shall be read as a reference to
the Provincial Assembly in existence immediately before the commencing day
6
4; and8
9
40g1 the said clause 031 of Article ;9 shall have effect as if in the proviso thereto for the words Eone
hundred and thirtyF the word E
;
4one hundred8F were substituted.8
Ordinances
1(;. P'4er '- :',er#'r %' pr'ml)a%e Or$!#a#"e&.-0/1 5he Bovernor may" except when the
Provincial Assembly is in session" if satisfied that .circumstances exist which render it necessary to take
immediate action" make and promulgate an >rdinance as the circumstances may re#uire.
/
!ee footnote < on page ;" supra.
3
5he word EandF omitted by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. = 0w.e.f. the 9th &ay" /@=91.
6
!ubs. ibid." s. = for the full stop.
9
Paragraph 0g1 added ibid."
;
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 9A" of EseventyK.
031 An >rdinance promulgated under this Article shall have the same force and effect as an Act of the
Provincial Assembly and shall be sub$ect to like restrictions as the power of the Provincial Assembly to
make laws" but" every such >rdinance
0a1 shall be laid before the Provincial Assembly and shall stand repealed at the expiration
/
4ninety days8
from its promulgation or" if before the expiration of that period a resolution disapproving it is passed by
the Assembly" upon the passing of that resolution
3
4:8
6
4Provided that the Provincial Assembly may by a resolution extend the >rdinance for a further period of
ninety days and it shall stand repealed at the expiration of the extended period" or if before the expiration
of that period a resolution disapproved it is passed by the Assembly" upon the passing of that resolution:
Provided further that extension for a further period may be made only once.8
0b1 may be withdrawn at any time by the Bovernor.
061 Without pre$udice to the provisions of clause 031" an >rdinance laid before the Provincial Assembly
shall be deemed to be a 7ill introduced in the Provincial Assembly.
CHAPTER /.-THE PROEINCIAL :OEERNMENTS
1
*1(<. The Pr',!#"!al :',er#me#%.0/1 !ub$ect to the *onstitution" the executive authority of the
Province shall be exercised in the name of the Bovernor by the Provincial Bovernment" consisting of the
*hief &inister and Provincial &inisters" which shall act through the *hief &inister.
031 %n the performance of his functions under the *onstitution" the *hief &inister may act either directly
or through the Provincial &inisters.8
6
*1/=. The Cab!#e%.- 213 5here shall be a cabinet of &inisters" with the *hief &inister at its head to aid
and advise the Bovernor in the exercise of his functions:
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 9/" for Ethree monthsF.
3
!ubs. ibid." for E;andF.
6
Provisos %ns. ibid.
9
!ubs. ibid." s. 93" for EArticle /3@F.
;
!ubs.ibid." s. 96" for EArticle /6AF.
031 5he Provincial Assembly shall meet on the twentyfirst day following the day on
which a general election to the Assembly is held" unless sooner summoned by the Bovernor.
061 After the election of the !peaker and the -eputy !peaker" the Provincial Assembly
shall" to the exclusion of any other business" proceed to elect without debate one of its members
to be the *hief &inister.
091 5he *hief &inister shall be elected by the votes of the ma$ority of the total
membership of the Provincial Assembly:
Provided that" if no member secures such ma$ority in the first poll" a second poll shall be
held between the members who secure the two highest numbers of votes in the first poll and
the member who secures a ma$ority of votes of the members present and voting shall be
declared to have been elected as *hief &inister:
Provided further that" if the number of votes secured by two or more members securing
the highest number of votes is e#ual" further polls shall be held between them until one of them
secures a ma$ority of votes of the members present and voting.
0;1 5he member elected under clause 091 shall be called upon by the Bovernor to
assume the office of *hief &inister and he shall" before entering upon the office" make before
the Bovernor oath in the form set out in the 5hird !chedule
Provided that there shall be no restriction on the number of terms for the office of the
*hief &inister.
0<1 5he *abinet shall be collectively responsible to the Provincial Assembly and the
total strength of the *abinet shall not exceed fifteen members or eleven percent of the total
membership" of a Provincial Assembly" whichever is higher:
Provided that the aforesaid limit shall be effective from the next general elections after
the commencement of the *onstitution 0Cighteenth Amendment1 Act" 3A/A . .
0=1 5he *hief &inister shall hold office during the pleasure of the Bovernor" but the
Bovernor shall not exercise his powers under this clause unless he is satisfied that the *hief
&inister does not command the confidence of the ma$ority of the members of the Provincial
Assembly" in which case he shall summon the Provincial Assembly and re#uire the *hief
&inister to obtain a vote of confidence from the Assembly.
0?1 5he *hief &inister may" by writing under his hand addressed to the Bovernor" resign
his office.
0@1 A &inister who for any period of six consecutive months is not a member of the
Provincial Assembly shall" at the P expiration of that period" cease to be a &inister and shall not
before the dissolution of that Assembly be again appointed a &inister unless he is elected a
member of that Assembly.
0/A1 )othing contained in this Article shall be construed as dis#ualifying the *hief &inister or
any other &inister for continuing in office during any period during which the Provincial
Assembly stands dissolved" or as preventing the appointment of any person as *hief &inister or
other &inister during any such period.
0//1 5he *hief &inister shall not appoint more than five Advisers
1
*1/1. :',er#'r %' be Aep% !#-'rme$.- 5he *hief &inister shall keep informed on mattes relating to
Provincial administration and on all legislative proposals the Provincial Bovernment intends to bring
before the Provincial Assembly.8
(
*1/(. Pr',!#"!al M!#!&%er&. 0/1 !ub$ect to clauses
6
40@1 and 0/A18 of Article /6A" the Bovernor shall
appoint Provincial &inisters from amongst members of the Provincial Assembly on the advice of the
*hief &inister.
031 7efore entering upon office" a Provincial &inister shall make before the Bovernor oath in the form
set out in the 5hird !chedule.
061 A Provincial &inister may" by writing under his hand addressed to the Bovernor" resign his office or
may be removed from office by the Bovernor on the advice of the *hief &inister.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 99" for EArticle /6/F.
3
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EArticles /63 of /66F
6
!ubs. by the Act" )o. /A of 3A/A s. 9;" for E 0=1 and 0?1F.
1//. Ch!e- M!#!&%er "'#%!#!#) !# '--!"e. 5he Bovernor may ask the *hief &inister to continue to hold
office until his successor enters upon the office of the *hief &inister.
1/1. 2esignation by *hief &inister. >mitted by P.> )o./9of /@?;" Art.3 and !ch.
1/6 Provincial &inister performing functions of *hief &inister. >mitted by P.> )o./9of /@?;" Art.3
and !ch
1
*1/8. E'%e '- #' "'#-!$e#"e a)a!#&% Ch!e- M!#!&%er.0/1 A resolution for a vote of no confidence
moved by not less than twenty per centum of the total membership of the Provincial Assembly may be
passed against the *hief &inister by the Provincial Assembly.
031 A resolution referred to in clause 0/1 shall not be voted upon before the expiration of three days" or
later than seven days" from the day on which such resolution is moved in the Provincial Assembly.
061 %f the resolution referred to in clause 0/1 is passed by a ma$ority of the membership of the Provincial
Assembly" the *hief &inister shall cease to hold office.8
1/9. E0%e#% '- e0e"%!,e a%h'r!%7 '- Pr',!#"e. !ub$ect to the *onstitution" the executive authority of
the Province shall extend to the matters with respect to which the Provincial Assembly has power to
make laws:
Provided that" in any matter with respect to which both
3
4&a$lise!hoora0Parliament18 and the
Provincial Assembly of a Province have power to make laws" the executive authority of the Province
shall be sub$ect to" and limited by the executive authority expressly conferred by the *onstitution or by
law made by
3
4&a$lise!hoora 0Parliament18 upon the (ederal Bovernment or authorities thereof.
1/;. C'#-err!#) '- -#"%!'#& '# &b'r$!#a%e a%h'r!%!e&.- >n the recommendation of the Provincial
Bovernment" the Provincial Assembly may by law confer functions upon officers or authorities
subordinate to the Provincial Bovernment.
/
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EArticle. /6<F.
3
!ee footnote < and page ;" supra.
1
*1/<. C'#$"% '- b&!#e&& '- Pr',!#"!al :',er#me#%.- 213 All the executive actions of the Provincial
Bovernment shall be expressed to be taken in the name of the Bovernor.
031 5he
3
4Provincial Bovernment8 shall by rules specify the manner in which orders and other
instruments made and executed
6
4in the name of the Bovernor8 shall be authenticated" and the validity of
an order or instrument so authenticated shall not be called in #uestion on the ground that it is not an
order or instrument made or executed by the Bovernor.

9
4061 5he Provincial Bovernment shall also make rules for the allocation and transaction of its business88
11=. A$,'"a%e :e#eral -'r a Pr',!#"e. 0/1 5he Bovernor of each Province shall appoint a person"
being a person #ualified to be appointed a ,udge of the High *ourt" to be the Advocate Beneral for the
Province.
031 %t shall be the duty of the AdvocateBeneral to give advice to the Provincial Bovernment upon
such legal matters" and to perform such other duties of a legal character" as may be referred or
assigned to him by the Provincial Bovernment.
061 5he AdvocateBeneral shall hold office during the pleasure of the Bovernor
;
4and shall not
engage in private practice so long as he holds the office of the AdvocateBeneral8.
091 5he AdvocateBeneral may" by writing under his hand addressed to the Bovernor" resign his office.
<
L L L L L L L
9
*11=A. L'"al :',er#me#%. 0/1 Cach Province shall" by law" establish a local government system and
devolve political" administrative and financial responsibility and authority to the elected representatives
of the local governments.
031 Clections to the local governments shall be held by the Clection *ommission of Pakistan.
/
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EArticle /6@F.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 9<" for EBovernorF.
6
!ubs. ibid." for Ein his nameF.
9
!ubs. ibid." for Eclause 061F.
;
Added ibid." s. 9=.
<
Cxisting Article /9AA stands omitted as a conse#uence of the 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" see section 3.
=
)ew Article /9AA ins. ibid." s. 9?.
PART E
RELATIONS BETDEEN FEDERATION AND PROEINCES
CHAPTER 1.-DISTRIBUTION OF LE:ISLATIEE PODERS
111. E0%e#% '- Fe$eral a#$ Pr',!#"!al la4&. !ub$ect to the *onstitution"
/
4&a$lise!hoora
0Parliament18 may make laws 0including laws having extraterritorial operation1 for the whole or any part
of Pakistan" and a Provincial Assembly may make laws for the Province or any part thereof.
11(. Sb+e"% ma%%er '- Fe$eral a#$ Pr',!#"!al la4&.- !ub$ect to the *onstitution
0a1
/
4&a$lise!hoora 0Parliament18 shall have exclusive power to make laws with respect to any matter
in the (ederal Gegislative Gist;
3
40b1 &a$lise!hoora 0Parliament1" and a Provincial Assembly also" shall have power to make laws with
respect to criminal law" criminal procedure and evidence;8
6
40c1 a Provincial Assembly shall" and &a$ise!hoora0Parliament1 shall not" have power to make laws
with respect to any matter not enumerated in either the (ederal Gegislative Gist;8
9
40d1 &a$lise!hoora 0Parliament1 shall have exclusive power to make laws with respect to matters not
enumerated in either of the Gists for such areas in the (ederation as are not included in any Province8.
6
*11/. I#"'#&!&%e#"7 be%4ee# Fe$eral a#$ Pr',!#"!al la4&.- %f" any provision of an Act of a Provincial
Assembly is repugnant to any provision of an Act of &a$lise!hoora 0Parliament1 which &a$lise
!hoora 0Parliament1 is competent to enact" or to any provision of any existing law with respect to any of
the matters enumerated fn the *oncurrent Gegislative Gist" then the Act of &a$lise!hoora 0Parliament1"
whether passed before or after the Act of the Provincial Assembly" or" as the case may be" the existing
law" shall prevail and the Act of the Provincial Assembly shall" to the extent of the repugnancy" be void.8
/
!ee footnote < on page ;" supra.
3
!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. 9@" for EParagraph 0b1F.
6
!ubs. ibid; for EParagraph 0c1F.
9
!ubs. ibid; for EParagraph 0d1F.
;
!ubs. ibid; ;A for EArticle /96F.
111. P'4er '- Ma+l!&-e-Sh''ra 2Parl!ame#%3 %' le)!&la%e -'r %4' 'r m're Pr',!#"e& b7 "'#-
&e#%.-0/1 %f
/
4>ne8 or more Provincial Assemblies pass resolutions to the effect that
3
4&a$lise
!hoora 0Parliament18 may by law regulate any matter not enumerated in
6
4the (ederal
Gegislative Gist8 in the (ourth !chedule" it shall be lawful for
3
4&a$lise!hoora 0Parliament18 to
pass an Act for regulating that matter accordingly" but any Act so passed may" as respects any
Province to which it applies" be amended or repealed by Act of the Assembly of that Province.
1
H H H H H H H
CHAPTER (.-ADMINISTRATIEE RELATIONS BETDEEN FEDERATION AND
PROEINCES
116. P'4er '- Pre&!$e#% %' $!re"% :',er#'r %' $!&"har)e "er%a!# -#"%!'#& a& h!& A)e#%.0/1 5he
President may direct the Bovernor of any Province to discharge as his Agent" either generally or in any
particular matter" such functions relating to such areas in the (ederation which are not included in any
Province as may be specified in the direction.
031 5he provisions of Article /A; shall not apply to the discharge by the Bovernor of his functions under
clause 0/1.
118. P'4er '- Fe$era%!'# %' "'#-er p'4er&5 e%".5 '# Pr',!#"e&5 !# "er%a!# "a&e&.0/1 )otwithstanding
anything contained in the *onstitution" the (ederal Bovernment may" with the consent of the
Bovernment of a Province" entrust either conditionally or unconditionally to that Bovernment" or to its
officers" functions in relation to any matter to which the executive authority of the (ederation extends.
031 An Act of Parliament may" notwithstanding that it relates to a matter with respect to which a
Provincial Assembly has no power to make laws" confer powers and imposes duties upon a Province or
officers and authorities thereof.
061 Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or
officers or authorities thereof" there shall be paid by the (ederation to the Province such sum as may be
agreed or" in default of agreement" as may be determined by an arbitrator appointed by the *hief ,ustice
of Pakistan" in respect of any extra costs of administration incurred by the Province in connection with
the exercise of those powers or the discharge of those duties.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;/" for E5woF.
3
!ee footnote < on page ;" supra.
6
!ubs. by Act )o. /A of 3A/A" s. ;/. for Eeither listF
9
*lause 031 omitted by the *onstitution 0Cight Amdt.1 Act" /@?;" 0/? of /@?;1" s. /=.
119. P'4er '- %he Pr',!#"e& %' e#%r&% -#"%!'#& %' %he Fe$era%!'#. )otwithstanding anything
contained in the *onstitution" the Bovernment of a Province may" with the consent of the (ederal
Bovernment" entrust" either conditionally or unconditionally" to the (ederal Bovernment" or to its
officers" functions in relation to any matter to which the executive authority of the Province extends
/
4:8
3
4Provided that the Provincial Bovernment shall get the functions so entrusted ratified by the Provincial
Assembly within sixty days8
11;. Obl!)a%!'# '- Pr',!#"e& a#$ Fe$era%!'#.0/1 5he executive authority of every Province shall be
so exercised as to secure compliance with (ederal laws which apply in that Province.
031 Without pre$udice to any other provision of this *hapter" in the exercise of the executive authority of
the (ederation in any Province regard shall be had to the interests of that Province.
061 %t shall Qbe the duty of the (ederation to protect every Province against external aggression and
internal disturbances and to ensure that the Bovernment of every Province is carried on in accordance
with the provisions of the *onstitution.
11<. D!re"%!'#& %' Pr',!#"e& !# "er%a!# "a&e&.-0/1 5he executive authority of every Province shall be so
exercised as not to impede or pre$udice the exercise of the executive authority of the (ederation" and the
executive authority of the (ederation shall extend to the giving of such directions to a Province as may
appear to the (ederal Bovernment to be necessary for that purpose.
6
L L L L L L L
061 5he executive authority of the (ederation shall also extend to the giving of directions to Province as
to the construction and maintenance of means of communication declared in the direction to be of
national or strategic importance.
091 5he executive authority of the (ederation shall also extend to the giving of directions to a Province as
to the manner in which the executive authority thereof is to be exercised for the purpose of preventing
any grave menace to the peace or tran#uility or economic life of Pakistan or any part thereof.
16=. Fll -a!%h a#$ "re$!% -'r pbl!" a"%&5 e%". (ull faith and credit shall be given throughout Pakistan
to public acts and records" and $udicial proceedings of every Province.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;3" for the full stop.
3
Proviso added" ibid.
6
*lause 031 omitted ibid." s. ;6.
161. I#%er Pr',!#"!al %ra$e.-0/1 !ub$ect to clause 031" trade" commerce and intercourse throughout
Pakistan shall be free.
031
/
4&a$lise!hoora 0Parliament18 may by law impose such restrictions on the freedom of trade"
commerce or intercourse between one Province and another or within any part of Pakistan as may be
re#uired in the public interest.
061 A Provincial Assembly or a Provincial Bovernment shall not have power to
0a1 make any law" or take any executive action" prohibiting or restricting the entry into" or the export
from" the Province of goods of any class or description" or
0b1 impose a tax which" as between goods manufactured or produced in the Province and similar goods
not so manufactured or produced" discriminates in favour of the former goods or which" in the case of
goods manufactured or produced outside the Province discriminates between goods manufactured or
produced in any area in Pakistan and similar goods manufactured or produced in any other area in
Pakistan.
091 An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public
health" public order or morality" or for the purpose of protecting animals or plants from disease or
preventing or alleviating any serious shortage in the Province of an essential commodity shall not" if it
was made with the consent of the President" be invalid.
16(. A">!&!%!'# '- la#$ -'r Fe$eral prp'&e&.- 5he (ederation may" if it deems necessary to ac#uire
any land situate in a Province for any purpose connected with a matter with respect to which Parliament
has power to make laws" re#uire the Province to ac#uire the land on behalf" and at the expense" of the
/
!ee footnote < on page ;" supra.
(ederation or" if the land belongs to the Province" to transfer it to the (ederation on such terms as may be
agreed or" in default of agreement" as may be determined by an arbitrator appointed by the *hief ,ustice
of Pakistan.
CHAPTER /.-SPECIAL PROEISIONS
16(.A. Na%!'#al Se"r!%7 C'#"!l. >mitted by the *onstitution 0!COC)5CC)5H Amdt1 Act" 3AA6 06
of 3AA61" s.;" which was previously ins. 7y *.CQs.> )o.39 of 3AA3" Art" 6 and !ch; as amended by
various enactments. 0see also Article 3<=71
16/. C'#"!l '- C'mm'# I#%ere&%&.0/1 5here shall be a *ouncil of *ommon %nterests" in this *hapter
referred to as the *ouncil" to be appointed by the President.
/
4031 5he *ouncil shall consists of
0a1 the Prime &inisters who shall be the chairman of the *ouncil;
0b1 the *hief &inisters of the Provinces" and
0c1 three members from the (ederal Bovernment to be nominated by the Prime &inister from time to
time.8
3
L L L L L L L L L L L L L
091 5he *ouncil shall be responsible to
6
4&a$lise!hoora 0Parliament1
9
4 and shall submit an Annual
2eport to both Houses of &a$lise!hoora 0Parliament1.88
161. F#"%!'#& a#$ rle& '- pr'"e$re.-
;
40/1 5he *ouncil shall formulate and regulate policies in
relation to matters in Part %% of the (ederal Gegislative Gist and shall exercise supervision and control
over related institutions.8
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;9" for Eclause 031F.
3
*lause 061 omitted ibid.
6
!ee footnote < on page ;" supra.
9
Added by Act )o. /A of 3A/A" s. ;9"
;
!ubs. ibid." s. ;;" for Eclause 0/1F.
/
4031 5he *ouncil shall be constituted within thirty days of the Prime &inister taking oath of office.
061. 5he *ouncil shall have a permanent !ecretariat and shall meet at least once in ninety days:
Provided that the Prime &inister may convene a meeting on the re#uest of a Province on urgent matter8
3
409185he decagons of the *ouncil shall be expressed in terms of the opinion of the ma$ority.
3
40;18Until
6
4&a$lise !hoora 0Parliament18 makes provisions by the law in this behalf" the *ouncil may
make its rules of procedure.
3
40<18
6
4&a$lise !hoora 0Parliament18 in a $oint sitting may from time to time by resolution issue
directions through the (ederal Bovernment to the *ouncil generally or in a particular matters to take
action as
6
4&a$lise !hoora 0Parliament18 may deem $ust and proper and such directions shall be binding
on the council."
3
40=18 %f the (ederal Bovernment or a Provincial Bovernment is dissatisfied with a decision of the
*ouncil" it may refer the matter to
6
4&a$lise!hoora 0Parliament18 in a $oint sitting whose decision in
this behalf shall be final.
166. C'mpla!#%& a& %' !#%er-ere#"e 4!%h 4a%er &ppl!e&.-0/1 %f the interests of a Province" the (ederal
*apital or the (ederally Administered 5ribal Areas" or any of the inhabitants thereof" in water from any
natural source of supply
9
4or reservoir8have been or are likely to be affected pre$udicially by
0a1 any executive act or legislation taken or passed or proposed to Jbe taken or passed" or
0b1 the failure of any authority to exercise any of its powers with respect to the use and distribution or
control of water from that source"
the (ederal Bovernment or the Provincial Bovernment concerned may make a complaint in writing to the
*ouncil.
031 Upon receiving such complaint" the *ouncil shall" after having considered the matter" either
give its decision or re#uest the President to appoint a commission consisting of such persons having
/
)ew clauses 031 and 061 ins. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;;.
3
*lauses 031" 061" 091 and 0;1 renumbered ibid.
6
!ee footnote < on page ;" supra.
9
%ns. by Act. )o. /A of 3A/A. s. ;<
special knowledge and experience in irrigation" engineering" administration" finance or law as he may
think fit hereinafter referred to as the *ommission.
061 Until
/
4&a$lise!hoora 0Parliament18 makes provision by law in this behalf" the provisions of the
Pakistan *ommissions of %n#uiry Act" /@;< 0O% of /@;<1" as in force immediately before the commencing
day shall apply to the *ouncil or the *ommission as if the *ouncil or the *ommission were a commission
appointed under that Act to which all the provisions of section ; thereof applied and upon which the
power contemplated by section /AA thereof had been conferred.
091 After considering the report and supplementary report" if any" of the *ommission" the *ouncil shall
record its decision on all matters referred to the *ommission.
0;1 )otwithstanding any law to the contrary" but sub$ect to the provisions of clause 0;1 of Article /;9" it
shall be the duty of the (ederal Bovernment and the Provincial Bovernment concerned in the matter in
issue to give effect to the decision of the *ouncil faithfully according to its terms and tenor.
0<1 )o proceeding shall lie before any *ourt at the instance of any party to a matter which is or has been
in issue before the *ouncil" or of any person whatsoever" in respect of a matter which is actually or has
been or might or ought to have been a proper sub$ect of complaint to the *ouncil under this Article.
(
168. Na%!'#al E"'#'m!" C'#"!l.0/1 5he President shall constitute a )ational Cconomic *ouncil
consisting of
0a1 the Prime &inister" who" shall be its *hairman of the *ouncil
0b1 the *hief &inisters and one member from each Province to be nominated by the *hief &inister: and
0c1 four other members as the Prime &inister may nominate from time to time.
031 5he )ational Cconomic *ouncil shall review the overall economic condition of the country
and shall" for advising the (ederal Bovernment and the Provincial Bovernments" formulate plans in
respect of financial" commercial" social and economic policies ; and in formulating such plans it shall"
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;=" for EArticle /;<F.
amongst other factors" ensure balanced development and regional e#uity and shall also be guided by the
Principles of Policy set out in *hapter 3 of Part %%.
061. the meetings of the *ouncil shall be summoned by the *hairman or on a re#uisition made by one
half of the members of the *ouncil.
091 5he *ouncil shall meet at least twice in a year and the #uorum for a meeting of the council shall be
onehalf of its total membership.
0;1. 5he *ouncil shall be responsible to the &a$lise !hoora 0Parliament1 and shall submit an Annual
2eport to each House of &a$lise !hoora 0Parliament1
169. Ele"%r!"!%7.0/1 5he (ederal Bovernment may in any province construct or cause to be constructed
hydroelectric or thermal power installations or grid stations for the generation of electricity and lay or
cause to be laid inter Provincial transmission lines
/
4:8
3
4Provided that the (ederal Bovernment" prior to taking a decision to construct or cause to be
constructed" hydroelectric power stations in any Province" shall consult the Provincial Bovernment
concerned.8
031 5he Bovernment of a Province may
0a1 to the extent electricity is supplied to that Province from the national grid" re#uire supply to be made
in bulk for transmission and distribution" within the Province ;
0b1 levy tax on consumption of electricity within the Province ;
0c1 construct power houses and grid stations and lay transmission lines for use within the Province ; and
0d1 determine the tariff for distribution of electricity within the
Province.
6
4061 %n case of any dispute between the (ederal Bovernment and a Provincial Bovernment in respect of
any matter under this Article" any of the said Bovernments may move the *ouncil of *ommon %nterests
for resolution of the dispute.8
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ;?" for the full stop.
3
Proviso %ns. ibid.
6
)ew clause 061 added ibid.
16;. Pr!'r!%7 '- re>!reme#%& '- #a%ral )a&.- 5he Province in which a wellhead of natural gas is
situated shall have precedence over other parts of Pakistan in meeting the re#uirements from that
wellhead" sub$ect to the commitments and obligations as on the commencing day.
16<. Br'a$"a&%!#) a#$ %ele"a&%!#). -0/1 5he (ederal Bovernment shall not unreasonably refuse to
entrust to a Provincial Bovernment such functions with respect to broadcasting and telecasting as may be
necessary" to enable that Bovernment
0a1 to construct and use transmitters in the Province ; and
0b1 to regulate" and impose fees in respect of" the construction and use of transmitters and the use of
receiving apparatus in the Province;
Provided that nothing in this clause shall be construed as re#uiring the (ederal Bovernment to entrust to
any Provincial Bovernment any control over the use of transmitters constructed or maintained by the
(ederal Bovernment or by persons authorised by the (ederal Bovernment" or over the use of receiving
apparatus by persons so authorised.
031 Any functions so entrusted to a Provincial Bovernment shall be exercised sub$ect to such conditions
as may be imposed by the (ederal Bovernment" including" notwithstanding anything contained in the
*onstitution" any conditions with respect to finance" but it shall not be lawful for the (ederal
Bovernment so to impose any conditions regulating the matter broadcast or telecast by" or by authority
of" the Provincial Bovernment.
061 Any (ederal law with respect to broadcasting and telecasting shall be such as to secure that effect can
be given to the foregoing provisions of this Article.
091 %f any #uestion arises whether any conditions imposed on any Provincial Bovernment are lawfully
imposed" or whether any refusal by the (ederal Bovernment to entrust functions is unreasonable" the
#uestion shall be determined by an arbitrator appointed by the *hief ,ustice of Pakistan.
0;1 )othing in this Article shall be construed as restricting the powers of the (ederal Bovernment under
the *onstitution for the prevention of any grave menace to the peace or tran#uility of Pakistan or any
part thereof.
PART EI FINANCE5 PROPERTY5 CONTRACTS AND SUITS
CHAPTER I.-FINANCE
D!&%r!b%!'# '- Re,e#e& be%4ee# %he Fe$era%!'# a#$ %he Pr',!#"e&
18=. Na%!'#al F!#a#"e C'mm!&&!'#.-0/1 Within six months of the commencing day and thereafter at
intervals not exceeding five years" the President shall
/
constitute a )ational (inance *ommission
consisting of the &inister of (inance of the (ederal Bovernment" the &inisters of (inance of the
Provincial Bovernments" and such other persons as may be appointed by the President after consultation
with the Bovernors of the Provinces.
031 %t shall be the duty of the )ational (inance *ommission to make recommendations to the President
as to
0a1 the distribution between the (ederation and the Provinces of the net proceeds of the taxes mentioned
in clause 061;
0b1 the making of grant in aid by the (ederal Bovernment to the Provincial Bovernments;
0c1 the exercise by the (ederal Bovernment and the Provincial: Bovernments of the borrowing powers
conferred by the *onstitution; and
0d1 any other matter relating to finance referred to the *ommission by the President.
061 5he taxes referred to in paragraph 0a1 of clause 031 are the following taxes raised under the authority
of
3
4&a$lise!hoora0Parliament18" namely:
0i1 taxes on income" including corporation tax" but not including taxes .on income consisting of
remuneration paid out of the (ederal *onsolidated (und;
6
40ii1 taxes on sales and purchases of goods imported" exported" produced" manufactured or consumed;8
0iii1 export duties on cotton" and such other export duties as may be .specified by the President;
0iv1 such duties as may be specified by the President; and
0v1 such other taxes as may be specified by the President.
/
(or the notification constituting the )ational (inance *ommission" see Ba+. of Pak. /@=9" Cxt" Part %%" pp. /@//@3.
3
!ee footnote < on page ;" supra.
6
!ubs. by the *onstitution 0(ifthAmdt.1 Act" /@=< 0<3 of/@=<1" s. 6" for the Eoriginal paragraph 0ii1F" 0w.e.f. the /6th !eptember" /@=<1.
/
406A1 the share of the Provinces in each Award of )ational (inance *ommission shall not be less than
share given to the Provinces in the previous Award
0671 5he (ederal (inance &inister and Provincial (inance &inisters shall monitor the implementations of
the Award biannually and lay their reports before both Houses of &a$lise !hoora 0Parliament1 and the
Provincial Assemblies.8
091 As soon as may be after receiving the recommendations of the )ational (inance *ommission" the
President shall" by
3
>rder" specify" in accordance with the recommendations of the *ommission under
paragraph 0a1 of clause 031" the share of the net proceeds of the taxes mentioned in clause 061 which is to
be allocated to each Province" and that share shall be paid to the Bovernment of the Province concerned"
and" notwithstanding the provision of Article =? shall not form part of the (ederal *onsolidated (und.
0;1 5he recommendations of the )ational (inance *ommission" together with an explanatory
memorandum as to the action taken thereon. shall be laid before both Houses and the Provincial
Assemblies.
0<1 At any time before an >rder under clause 091 is made" the President may" by >rder" make such
amendments or modifications in the law relating to the distribution of revenues between the (ederal
Bovernment and the Provincial Bovernments as he may deem necessary or expedient.
0=1 5he President may by >rder make grants in aid of the revenues of the Provinces in need of assistance
and such grants shall be charged upon the (ederal *onsolidated (und.
181. Na%ral )a& a#$ h7$r'-ele"%r!" p'4er.
6
40/1 )otwithstanding the provisions of Article =?
0a1 the net proceeds of the (ederal duty of excise on natural gas levied at well head and collected by the
(ederal Bovernment and of the royalty collected by the (ederal Bovernment" shall not form part of the
(ederal *onsolidated (und and shall be paid to the Province in which the wellhead of natural gas is
situated.
/
)ew *lauses 06A1" 0671 %ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s.;@.
3
(or such >rder" see the -istribution of 2evenues and BrantsinAid >rder" /@=; 0P.>. )o. 3of /@=;1.
6
!ubs. by the Act /A of 3A/A" s. <A for Eclause 0/1F.
0b1 the net proceeds of the (ederal duty of excise on oil levied at wellhead and collected by the
(ederal Bovernment" shall not form part of the (ederal *onsolidated (und and shall be paid to the
Province in which the wellhead of oil is situated.8
031 5he net profits earned by the (ederal Bovernment" or any undertaking established or administered by
the (ederal Bovernment from the bulk generation of power at a hydroelectric station shall be paid to the
Province in which the hydroelectric station is situated.
)*+lanation. (or the purposes of this clause Inet profitsI shall be computed by deducting from the
revenues accruing from the bulk supply of power from the bus bars of a hydroelectric station at a rate to
be determined by the *ouncil of *ommon %nterests" the operating expenses of the station" which shall
include any sums payable as taxes" duties" interest or return on investment" and depreciations and
element of obsolescence" and "overheads" and provision for reserves.
18(. Pr!'r &a#"%!'# '- Pre&!$e#% re>!re$ %' B!ll& a--e"%!#) %a0a%!'# !# 4h!"h Pr',!#"e& are
!#%ere&%e$. )o 7ill or amendment which imposes or varies a tax or duty the whole or part of the net
proceeds whereof is assigned to any Province" or which varies the meaning of the expression
Eagricultural incomeI as defined for the purposes of the enactments relating to income tax" or which
affects the principles on which under any of the foregoing provisions of this *hapter moneys are or may
be distributable to Provinces" shall be introduced or moved is the )ational Assembly except with the
previous sanction of the President.
18/. Pr',!#"!al %a0e& !# re&pe"% '- pr'-e&&!'#&5 e%".- A Provincial Assembly may by Act impose taxes"
not exceeding such limits as may from time to time be fixed by Act of
/
4&a$lise!hoora 0Parliament8"
on persons engaged in professions" trades" callings or employments" and no such Act of the Assembly
shall be regarded as imposing a tax on income.
M!&"ella#e'& F!#a#"!al Pr',!&!'#&
181. :ra#%& '% '- C'#&'l!$a%e$ F#$. 5he (ederation or a Province may make grants for any
purpose" notwithstanding that the purpose is not one with respect to which
/
4&a$lise!hoora
0Parliament8 or" as the case may be" a Provincial Assembly may make laws.
/
!ee footnote < on page ;" supra.
186. E0emp%!'# '- "er%a!# pbl!" pr'per%7 -r'm %a0a%!'#.0/1 5he (ederal Bovernment shall not" in
respect of its property or income" be liable to taxation under any Act of Provincial Assembly and" sub$ect
to clause 031" a Provincial Bovernment shall not" in respect of its property or income" be liable to
taxation under Act of
/
4&a$ise!hoora0Parliament18 or under Act of the Provincial Assembly of any
other Province.
031 %f a trade or business of any kind is carried on by or on behalf of the Bovernment of a Province
outside that Province" that Bovernment may" in respect of any property used in connection with that
trade or business or any income arising from that trade or business" be taxed under Act of Parliament or
under Act of the Provincial Assembly of the Province in which that trade or business is carried on.
061 )othing in this Article shall prevent the imposition of fees for services rendered.
(
*186 A. P'4er '- Ma+l!&-e-Sh''ra 2Parl!ame#%3 %' !mp'&e %a0 '# %he !#"'me '- "er%a!#
"'rp'ra%!'#&.e%". 0/1 (or the removal of doubt" it is hereby declared that
/
4&a$lise!hoora
0Parliament18 has" and shall be deemed always to have had" the power to make a law to provide for the
levy and recovery of a tax on the income of a corporation" company or other body or institution
established by or under a (ederal law or a Provincial law or an existing law or a corporation" company or
other body or institution owned or controlled" either directly or indirectly" by the (ederal Bovernment or
a Provincial Bovernment" regardless of the ultimate destination of such income.
031 All orders made" proceedings taken and acts done by any authority or person" which were made"
taken or done" or purported to have been made" taken or done" before the commencement of the
*onstitution 0Amendment1 >rder" /@?;" in exercise of the powers derived from any law referred to in
clause 0/1" or in execution of any orders made by any authority in the exercise or purported exercise of
powers as aforesaid" shall" notwithstanding any $udgment of any court or tribunal" including the !upreme
*ourt and a High *ourt" be deemed to be and always to have been validly made" taken or done and shall
not be called in #uestion in any court" including the !upreme *ourt and a High *ourt" on any ground
whatsoever.
061 Cvery $udgment or order of any court or tribunal" including the !upreme *ourt and a High *ourt"
which is repugnant to the provisions of clause 0/1 or clause 031 shall be" and shall be deemed
always to have been" void and of no effect whatsoever.8
/
!ee footnote < on page ;" supra.
3
Added by the *onstitution 0Amdt.1 >rder" /@?; 0P.>. )o. // of /@?;1" Art. 3.
CHAPTER (.-BORRODIN: AND AUDIT
188. B'rr'4!#) b7 Fe$eral :',er#me#%. 5he executive authority of the (ederation extends to
borrowing upon the security of the (ederal *onsolidated (und within such limits" if any" as may from
time to time be -!0e$ by Act of
/
4&a$ise!hoora 0Parliament18" and to the giving of guarantees within
such limits" if any" as may be so fixed.
189. B'rr'4!#) b7 Pr',!#"!al :',er#me#%.-0/1 !ub$ect to the provisions of this Article" the executive
authority of a Province extends to borrowing upon the security of the Provincial *onsolidated (und
within such limits" if any" as may from time to time be fixed by Act of the Provincial Assembly" and to
the giving of guarantees within such limits" if any" as may" be so fixed.
031 5he (ederal Bovernment may" sub$ect to such conditions" if any" as 9t may think fit to impose" make
loans to" or" so long as any limits fixed under Article /<< are not exceeded" give guarantees in respect of
loans raised by" any Province" and any sums re#uired for the purpose of making loans to a Province shall
be charged upon the (ederal *onsolidated (und.
061 A Province may not" without the consent of the (ederal Bovernment" raise any loan if there is still
outstanding any part of a loan made to the Province by the (ederal Bovernment" or in respect of which
guarantee has been given by the (ederal Bovernment; and consent under this clause may be granted
sub$ect to such conditions" if any" as the (ederal Bovernment may think fit to impose.
3
4091 a Province may raise domestic or international loan or give guarantees on the security of the
Provincial *onsolidates (und within such limits and sub$ects to such conditions as may be specified by
the )ational Cconomic *ouncil.8
A$!% a#$ A""'#%&
18;. A$!%'r :e#eral '- PaA!&%a#.0/1 5here shall be an Auditor Beneral of Pakistan" who shall be
appointed by the President.
031 7efore entering upon office" the Auditor Beneral shall make before the *hief ,ustice of Pakistan oath
in the form set out in the 5hird !chedule.
6
4061 5he Auditor Beneral shall" unless he sooner resigns or is removed from office in accordance with
clause 0;1 hold office for a term of four years from the date on which he assumes such office or attains
the age of sixtyfive years" whichever is earlier.8
/
!ee footnote < on page ;" supra.
3
)ew clause 091 %ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. </.
6
!ubs. ibid." s. <3" for Eclause 061F.
/
406A1 5he other terms and conditions of service of the Auditor Beneral shall be determined by Act of
&a$lise !hoora 0Parliament1 and until so determined by >rder of the President.8
091 A person who has held office as Auditor Beneral shall not be eligible for further appointment in the
service of Pakistan before the expiration of two years after he has ceased to hold that office.
0;1 5he Auditor Beneral shall not be removed from office except in the like manner and on the like
grounds as a ,udge of the !upreme *ourt.
0<1 At any time when the office of the Auditor Beneral is vacant or the Auditor Beneral is absent or is
unable to perform the functions of his office due to any cause" such other person as the
3
4the President
may appoint the most senior officer in the >ffice of the Auditor Beneral to8 act as AuditorBeneral and
perform the functions of that office.
18<. F#"%!'#& a#$ p'4er '- A$!%'r :e#eral. 5he Auditor Beneral shall" in relation to
0a1 the accounts of the (ederation and of the Provinces; and
0b1 the accounts of any authority or body established by the (ederation or a Province"
perform such functions and exercise such powers as may be determined by or under Act of
6
4&a$lise
!hooora 0Parliament18 and" until so determined" by
9
>rder of the President.
19=. P'4er '- A$!%'r :e#eral %' )!,e $!re"%!'#& a& %' a""'#%&.
;
40/18 5he accounts of the
(ederation and of the Provinces shall be kept in such form and in accordance with such principles and
methods as the Auditor Beneral may" with the approval of the President" prescribe.
;
4031 the audit of the accounts of the (ederal and of the Provincial Bovernments and the accounts of any
authority or body established by or under the control of the (ederal or a Provisional Bovernment shall be
conducted by the Auditor Beneral" who shall determine the extent and nature of such audit.8
191. Rep'r%& '- A$!%'r :e#eral. 5he reports of the Auditor Beneral relating to the accounts of the
(ederation shall be submitted to the President" who shall cause them to be laid before the
<
4both House
of &a$lise!hoora 0Parliament18 and the reports of the Auditor Beneral relating to the accounts of a
Province shall be submitted to the Bovernor of the Province" who shall cause them to be laid before the
Provincial Assembly.
/
)ew clause 06A1 %ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" 0/A of 3A/A1" s. <3.
3
!ubs. ibid." for certain words.
6
!ee footnote < on page ;" supra.
9
(or such >rder" see the Pakistan 0Audit and Accounts1 >rders" /@=6 0P.>. )o. 3/ of /@=61.
;
2enumbered 0/1 and new clause 031 added by the Act /A of 3A/A" s. <6.
<
!ubs.ibid." s. <9" for E)ational AssemblyF.
19(. O4#erle&& pr'per%7. 0/1 Any property which has no rightful owner shall" if located in a Province"
vest in the Bovernment of that Province" and in every other case" in the (ederal Bovernment.
031 All lands" minerals and other things of value within the continental shelf or underlying the ocean
/
4beyond8 the territorial waters of Pakistan shall vest in the (ederal Bovernment.
3
4061 sub$ect to the existing commitments and obligations" mineral oil and natural gas within the Province
or the territorial waters ad$acent thereto shall vest $ointly and e#ually in that Province and the (ederal
Bovernment.8
19/. P'4er %' a">!re pr'per%7 a#$ %' maAe "'#%ra"%&5 e%".0/1 5he executive authority of the
(ederation and of a Province shall extend" sub$ect to any Act of the appropriate Gegislature" to the grant"
sale" disposition or mortgage of any property vested in" and to the purchase or ac#uisition of property on
behalf of" the (ederal Bovernment or" as the case may be" the Provincial Bovernment and to the making
of contracts.
031 All property ac#uired for the purposes of the (ederation or of a Province shall vest in the (ederal
Bovernment or" as the case may be" in the Provincial Bovernment.
061 All contracts made in the exercise of the executive authority of the (ederation or of a Province shall
be expressed to be made in the name of the President or" as the case may be" the Bovernor of the
Province" and all such contracts and all assurances of property made in the exercise of that authority
shall be executed on behalf of the President or Bovernor by such persons and in such manner as he may
direct or authori+e.
091 )either the President" nor the Bovernor of a Province" shall be personally liable in respect of any
contract or assurance made or executed in the exercise of the executive authority of the (ederation or" as
the case may be" the Province" nor shall any person making or executing any such contract or assurance
on behalf of any of them be personally liable in respect thereof.
0;1 5ransfer of land by the (ederal Bovernment or a Provincial Bovernment shall be regulated by law.
191. S!%& a#$ pr'"ee$!#)&. 5he (ederation may sue or be sued by the name of Pakistan and a
Province may sue or be sued by the name of the Province.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. <; for EwithinF.
3
%ns. ibid.
PART EII
THE BUDICATURE
CHAPTER 1.-THE COURTS
196. E&%abl!&hme#% a#$ +r!&$!"%!'# '- C'r%&.0/1 5here shall be a !upreme *ourt of Pakistan" a High
*ourt for each Province
/
4and High *ourt for the %slamabad *apital 5erritory8 and such other *ourts as
may be established by law.
3
4Cxplanation: the words EHigh *ourtF wherever occurring in the *onstitution shall include the High
*ourt for the %slamabad *apital 5erritory.8
031 )o *ourt shall have any $urisdiction save as is or may be conferred on it by the *onstitution or by or
under any law.
061 5he ,udiciary shall be separated progressively from the Cxecutive within
6
4fourteen8 years from the
commencing day.
1
*196 A. 213 App'!#%me#% '- B$)e& %' %he Spreme C'r%5 H!)h C'r%& a#$ %he Fe$eral Shar!a%
C'r%: 5here shall be a ,udicial *ommission of Pakistan hereinafter in this Article referred to as the
*ommission" for appointment of ,udges of the !upreme *ourt" High *ourts and the (ederal !hariat
*ourt" as hereinafter provided.
031 for appointment of ,udges of the !upreme *ourt" the *ommission shall consist of:
0i1 *hief ,ustice of Pakistan *hairman
0ii1 two most senior ,udges of the !upreme *ourt; &embers
iii1 a former *hief ,ustice or a former ,udge of the
!upreme *ourt of Pakistan to be nominated by the
*hief ,ustice of Pakistan" in consultation with two
member ,udges for a term of two years; &ember
0iv1 (ederal &inister for Gaw and ,ustice; &ember
0v1 Attorney Beneral for Pakistan; and &ember
/
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. <<.
3
Cxplanation added ibid.
6
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EfiveF.
9
)ew Article /=;A ins. by Act /A of 3A/A" s. <=.
vi1 a !enior Advocate of the !upreme *ourt &ember
of Pakistan nominated by the Pakistan 7ar
*ouncil for a term of two years.
061 )otwithstanding anything contained in clause 0/1 or clause 031" the President shall appoint
the most senior ,udge of the !upreme *ourt as the *hief ,ustice of Pakistan.
091 5he *ommission may make rules regulating its procedure.
0;1 (or appointment of ,udges of a High *ourt" the *ommission in clause 031 shall also include
the following" namely:
0i1 *hief ,ustice of the High *ourt to which &ember
the appointment is being made;
0ii1 5he most senior ,udge of that High *ourt; &ember
0iii1 Provincial &inister for Gaw; and &ember
0iv1 a senior advocate to be nominated &ember
by the Provincial 7ar *ouncil for a term of two years:
Provided that for appointment of the *hief ,ustice of a High *ourt. the most senior ,udge of the
*ourt shall be substituted by a former *hief ,ustice or former ,udge of that *ourt" to be
nominated by the *hief ,ustice of Pakistan in consultation with the two member ,udges of the
*ommission mentioned in clause 031:
Provided further that if for any reason the *hief ,ustice of High *ourt is not available" he shall
also be substituted in the manner as provided in the foregoing proviso.
0<1 (or appointment of ,udges of the %slamabad High *ourt" the *ommission /// clause 031
shall also include the following" namely:
0i1 *hief ,ustice of the %slamabad High *ourt; &ember and
0ii1 the moat senior ,udge of the High *ourt; &ember
Provided that for initial appointment of the ,udges of the
%slamabad High *ourt. the *hief ,ustices of the four Provincial
High *ourts shall also be members of the *ommission:
Provided further that sub$ect to the foregoing proviso" in case of
appointment of *hief ,ustice of %slamabad High *ourt. the
provisos to clause 0;1 shall mutatis mutandis" apply"
0=1 (or appointment of ,udges of the (ederal !hariat *ourt" the *ommission in clause
031 shall also include the *hief ,ustice of the (ederal !hariat *ourt and the most senior ,udge of
that *ourt as its members:
Provided that for appointment of *hief ,ustice of (ederal !hariat *ourt. the provisos" to clause
0;1 shall. mutati& mutandi&, apply.
0?1 5he *ommission by ma$ority of its total membership shall nominate to the Parliamentary
*ommittee one person" for each vacancy of a ,udge in the !upreme *ourt. a High *ourt or the
(ederal !hariat *ourt. as the case may be.
0@1 5he Parliamentary *ommittee" hereinafter in this Article referred to as the *ommittee. shall
consist of the following eight members" namely:
0i1 four members from the !enate; and
0ii1 four members from the )ational Assembly.
0lA1 >ut of the eight members of the *ommittee" four shall be from the 5reasury 7enches" two
from each House and four from the >pposition 7enches" two from each House" 5he nomination
of members from the 5reasury 7enches shall be made by the Geader of the % Gouse and from
the >pposition 7enches by the Geader of the Apl3osition.
0//1 !ecretary" !enate shall "act as the !ecretary of the *ommittee.
0/31 5he *ommittee on receipt of a nomination from the *ommission may confirm the
nominee by ma$ority of its total membership within fourteen days" failing which the nomination
shall be deemed to have been confirmed:
Provided that the *ommittee may not confirm the nominating by threefourth ma$ority of its
total membership within the said period" in which case the *ommission shall send another nomination.
0/61 the *ommittee shall forward the name of the nominee confirmed by it or to have been
confirmed to the President for appointment.
0/91 )o action or decision taken by the *ommission or a *ommittee shall be invalid or called in
#uestion only on the ground of the existence of a vacancy therein or of the absence of any member from
any meeting thereof.
0/;1 the *ommittee may make rules for regulating its procedure.
Chap%er (. The Spreme C'r% O- PaA!&%a#
198. C'#&%!%%!'# '- Spreme C'r%.- 5he !upreme *ourt shall consist of a *hief ,ustice to be known
as the *hief ,ustice of Pakistan and so many other ,udges as may be determined by Act of
/
4&a$lise
!hoora 0Parliament1 or" until so determined" as may be fixed by the President.
199. App'!#%me#% '- Spreme C'r% B$)e&.
3
40/1 5he *hief ,ustice of Pakistan and each of the other
,udges of the !upreme *ourt shall be appointed by the President in accordance with Article /=;A.8"
031 A person shall not be appointed a ,udge of the !upreme *ourt unless he is a citi+en of Pakistan and
0a1 has for a period of" or for periods aggregating" not less than five years been a ,udge of a High *ourt
0including a High *ourt which existed in Pakistan at any time before the commencing day1 ; or
0b1 has for a period of" or for periods aggregating" not less than fifteen years been an advocate of a High
*ourt 0including a High *ourt which: existed in Pakistan at any time before the commencing day1.
19;. Oa%h '- '--!"e. 7efore entering upon office" the *hief ,ustice of Pakistan shall make before the
President" and any other ,udge of the !upreme *ourt shall make before the *hief ,ustice" oath in the
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. <?" for Eclause 0/1F.
form set out in the 5hird !chedule.
1
*19<. Re%!r!#) a)e. A ,udge of the !upreme *ourt shall hold office until he attains the age of sixty five
years" unless he sooner resigns or is removed from office in accordance with the *onstitution.8
1;=. A"%!#) Ch!e- B&%!"e.- At anytime when
0a1 the office of *hief ,ustice of Pakistan is vacant; or
0b1 the *hief ,ustice of Pakistan is absent or is unable to perform the functions of his office due to any
other cause"
the President shall appoint
3
4the most senior of the other ,udges of the !upreme *ourt8 to act as *hief
,ustice of Pakistan.
1;1. A"%!#) B$)e&.0/1 At anytime when
0a1 the office of a ,udge of the !upreme *ourt is vacant ; or
0b1 a ,udge of the !upreme *ourt is absent or is unable to perform the functions of his office due to any
other cause"
the President may" in the manner provided in clause 0/1 of Article /==" appoint a ,udge of a High *ourt
who is #ualified for appointment as a ,udge of the !upreme *ourt to act temporarily as a ,udge of the
!upreme *ourt.
6
4Cxplanation: in this clause" E,udge of a High *ourtF includes a person who has retired as a ,udge of a
High *ourt.8
031 An appointment under this Article shall continue in force until it is revoked by the President.
/
Article /=@ subs. by the *onstitution 0!eventeenth Amdt.1 Act" 3AA6 06 of 3AA61" s. <" which was previously amended by various enactments
0see also Article 3<=71.
3
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for certain words.
6
Cxplanation added by the *onstitution 0Amdt.1 >rder" /@?3 0P.>. )o. 3 of /@?31" Art. 3.
1;(. App'!#%me#% '- a$ h'" B$)e&.- %f at any time it is not possible for want of #uorum of ,udges of
the !upreme *ourt to hold or continue any sitting of the *ourt" or for any other reason it is necessary to
increase temporarily the number of ,udges of the !upreme *ourt" the *hief ,ustice of Pakistan may" in
writing"
0a1 with the approval of the President" re#uest any person who has held the office of a ,udge of that
*ourt and since whose ceasing to hold that office three years have not elapsed ; or
0b1 with the approval of the President and with the consent of the *hief ,ustice of a High *ourt" re#uire a
,udge of that *ourt #ualified for appointment as a ,udge of the !upreme *ourt"
to attend sittings of the !upreme *ourt as an ad hoc ,udge for such period as may be necessary and while
so attending an ad hoc ,udge shall have the same power and $urisdiction as a ,udge of the !upreme
*ourt.
1;/. Sea% '- %he Spreme C'r%.-0/1 5he permanent seat of the !upreme *ourt shall" sub$ect to clause
061" be at %slamabad.
031 5he !upreme *ourt may from time to time sit in such other places; as the *hief ,ustice of Pakistan"
with the approval of the President" may appoint.
061 Until provision is made for establishing the !upreme *ourt at: %slamabad" the seat of the *ourt shall
be at such place as the President may
/
appoint.
1;1. Or!)!#al +r!&$!"%!'# '- Spreme C'r%.0/1 5he !upreme *ourt shall" to the exclusion of every
other *ourt" have original $urisdiction in" any dispute between any two or more Bovernments.
E0pla#a%!'#.- %n this clause" IBovernmentsI means the (ederal Bovernment and the Provincial
Bovernments.
/
(or appointment of 2awalpindi as the seat of the !upreme *ourt" see Ba+. of Pak." /@=9" Pt.%%" p. /6?=.
031 %n the exercise of the $urisdiction conferred on it by clause 0/1 the !upreme *ourt shall
pronounce declaratory $udgments only.
061 Without pre$udice to the provisions of Article /@@" the !upreme *ourt shall" if it considers that a
#uestion of public importance with" reference to the enforcement of any of the (undamental 2ights
conferred by *hapter / of Part %% is involved" have the power to make an order of the nature mentioned
in the said Article.
1;6. Appella%e +r!&$!"%!'# '- Spreme C'r%.- 0/1 !ub$ect to this Article the !upreme *ourt shall
have $urisdiction to hear and determine appeals from $udgments" decrees" final orders or sentences of a
High *ourt.
031 An appeal shall lie to the !upreme *ourt from any $udgment" decree" final order or sentence of a
High *ourt
0a1 if the High *ourt has on appeal reversed an order of ac#uittal of an:" accused person and sentenced
him to death or to transportation for life or imprisonment for life; or" on revision" has enhanced a
sentence to a sentence as aforesaid ; or
0b1 if the High *ourt has withdrawn for trial before itself any case from any *ourt subordinate to it and
has in such trial convicted the accused person and sentenced him as aforesaid ; or
0c1 if the High *ourt has imposed any punishment on any person for contempt of the High *ourt ; or
0d1 if the amount or value of the sub$ect matter of the dispute in the *ourt of first instance was" and also
in dispute in appeal is" not less than fifty thousand rupees or such other sum as may be specified in that
behalf by Act of
/
4&a$lise!hoora 0Parliament18 and the $udgment" decree or final order appealed from
has varied or set aside the $udgment" decree or find order of the *ourt immediately below ; or
0e1 if the $udgment" decree or final order involves directly or indirectly some claim or #uestion
respecting
/
!ee footnote < on page ;" supra.
property of the like amount or value and the $udgment" decree or final order appealed from has varied or
set aside the $udgment" decree or final order of the *ourt immediately below ; or
0f1 if the High *ourt certifies that the case involves a substantial #uestion of law as to the interpretation
of the *onstitution.
061 An appeal to the !upreme *ourt from a $udgment" decree" order or sentence of a High *ourt in a case
to which clause 031 does not apply shall lie only if the !upreme *ourt grants leave to appeal.
1;8. A$,!&'r7 +r!&$!"%!'#.0/1 %f" at any time" the President considers that it is desirable to obtain the
opinion of the !upreme *ourt on any #uestion of law which he considers of public importance" he may
refer the #uestion to the !upreme *ourt for consideration.
031 5he !upreme *ourt shall consider a #uestion so referred and report its opinion on the #uestion to the
President.
1
*1;8A. P'4er '- Spreme C'r% %' %ra#&-er "a&e&.- 5he !upreme *ourt may" if it considers it
expenditure to do so in the interest of $ustice" transfer any case" appeal or other proceedings pending
before any High *ourt to any other High *ourt8
1;9. I&&e a#$ e0e"%!'# '- pr'"e&&e& '- Spreme C'r%.0/1
3
4!ub$ect to clause 031 of Article /=;"
the8 !upreme *ourt shall have power to issue such directions" orders or decrees as may be necessary for
doing complete $ustice in any case or matter pending before it" including an order for the purpose of
securing the attendance of any person or the discovery or production of any document.
031 Any such direction" order or decree shall be enforceable throughout Pakistan and shall" where it is to
be executed in a Province" or a territory or an area not forming part of a Province but within the
$urisdiction of the High *ourt of the Province" be executed as if it had been issued by the High *ourt of
that Province.
/
)ew Article /?<A ins. by P.>. )o. /9 of /@?;" Art. 3 and !ch.
3
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. =" for E5heF 0w.e.f. the /6th !eptember" /@=<1.
061 %f a #uestion arises as to which High *ourt shall give effect to a direction" order or decree of the
!upreme *ourt" the decision of the !upreme *ourt on the #uestion shall be final.
1;;. Re,!e4 '- +$)me#%& 'r 'r$er& b7 %he Spreme C'r%.- 5he !upreme .*ourt shall have power"
sub$ect to the provisions of any Act of
/
4&a$lise!hoora 0Parliament18 and of any rules made by the
!upreme *ourt" to review any $udgment pronounced or any order made by it.
1;<. De"!&!'#& '- Spreme C'r% b!#$!#) '# '%her C'r%&. Any decision of the !upreme *ourt shall"
to the extent that it decides a #uestion of law or is based upon or enunciates a principle of law" be
binding on all other *ourts in Pakistan.
1<=. A"%!'# !# a!$ '- Spreme C'r%. All executive and $udicial authorities throughout Pakistan shall
act in aid of the !upreme *ourt.
1<1. Rle& '- pr'"e$re. !ub$ect to the *onstitution and law" the !upreme *ourt may make rules
regulating the practice and procedure of the *ourt.
CHAPTER /.-THE HI:H COURTS
1<(. C'#&%!%%!'# '- H!)h C'r%.0/1 A High *ourt shall consist of a *hief ,ustice and so many other
,udges as may be determined by law or" until so determined" as may be fixed by the President.
3
4031 5he !indh and 7aluchistan High *ourt shall cease to function as a common High *ourt for the
Provinces of 7aluchistan and !indh.
061 the President shall by
6
>rder establish a High *ourt for each of the Provinces of 7aluchistan and
!indh and may make such provisions in the >rder for the principal seats of the two High *ourts" transfer
of the ,udges of the common High *ourt" transfer of cases pending in the common High *ourt
immediately before the establishment of two High *ourts and generally for matters conse#uential or
ancillary to the common High *ourt ceasing to function and the establishment of the two High *ourts as
he may deem fit8.
0;1 5he $urisdiction of a High *ourt may" by Act of
/
4&a$lise!hoora 0Parliament18" be executed to any
area in Pakistan not forming part of a Province.
/
!ee footnote < on page;" supra.
3
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. ?" for the Eoriginal clauses 031 to 091F 0w.e.f. the /st -ecember"
/@=<1.
6
(or such >rder" in respect of establishment of High *ourts for 7aluchistan and !indh" see the P.>. )>. < of /@=<" dated the 3@th
)ovember" /@=<" see Ba+. of Pak. /@=<" Cxt." Pt. %. pp. ;@;R;@@.
1</. App'!#%me#% '- H!)h C'r% B$)e&.-
/
40/1 5he *hief ,ustice and each of other ,udges of a High
*ourt shall be appointed by the President with Article /=;A.8
031 A person shall not be appointed a ,udge of a High *ourt unless he is a citi+en of Pakistan" is not less
than
3
4fortyfive8 years of age" and
0a1 he has for a period of" or for periods aggregating" not less than "ten years been an advocate of a High
*ourt 0including a High *ourt which existed in Pakistan at any time before the commencing day1 ; or
0b1 he is" and has for a period of not less than ten years been" a member .of a civil service prescribed by
law for the purposes of this paragraph" and has" for a period of not less than three years" served as or
exercised the functions of a -istrict ,udge in Pakistan ; or
0c1 he has" for a period of not less than ten years" held a $udicial office in Pakistan.
6
4Cxplanation: in computing the period during which a person has been an advocate of a High *ourt or
held $udicial office" there shall be included any period during which he has held $udicial office after he
became an advocate or as the case may be" the period during which he has been an advocate after having
held $udicial office.8
061 %n this Article" I-istrict ,udgeI means ,udge of a principal civil *ourt of original $urisdiction.
1<1. Oa%h '- '--!"e. 7efore entering upon office" the *hief ,ustice of a High *ourt shall make before
the Bovernor" and any other ,udge of the *ourt shall make before the *hief ,ustice" oath in the form set
out in the 5hird !chedule
9
4:8
;
4Provided that the *hief ,ustice of the %slamabad High *ourt shall make oath before the President and
other ,udges of the *ourt shall make oath before the *hief ,ustice of the %slamabad High *ourt.8
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. <@" for Eclause 0S1F.
3
!ubs. ibid." for EfortyF and shall be deemed always to have been so" subs. with effect from 3/st day of August" 3AA3.
6
Cxplanation added by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. ?" 0w.e.f. the 9th &ay" /@=91.
9
!ubs. by Act )o. /A of 3A/A" s. =A. for the fullstop.
;
)ew proviso added ibid.
1
[1<6. Re%!r!#) a)e. A ,udge of a High *ourt shall hold office until he attains the age of sixtytwo
years" unless he sooner resigns or is removed" from office in accordance with the *onstitution.8
1<8. A"%!#) Ch!e- B&%!"e. At any time when
0a1 the office of *hief ,ustice of a High *ourt is vacant" or
0b1 the *hief ,ustice of a High *ourt is absent or is unable to perform the functions of his office due to
any other cause" the President shall appoint
3
4one of the other ,udges of the High *ourt" or may re#uest
one of the $udges of the !upreme *ourt8" to act as *hief ,ustice.
1<9. A$$!%!'#al B$)e&. At anytime when
0a1 the office of a ,udge of a High *ourt is vacant ; or
0b1 a ,udge of a High *ourt is absent or is unable to perform the functions of
his office due to any other cause ; or
0c1 for any reason it is necessary to increase the number of ,udges of a High
*ourt" the President may" in the manner provided in clause 0/1 of Article /@6"
appoint a person #ualified for appointment as a ,udge of the High *ourt to be
Additional ,udge of the *ourt for such period as the President may determine"
being a period not exceeding such period" if any" as may be prescribed by law.
1<;. Sea% '- %he H!)h C'r%.
6
40/18 Cach High *ourt in existence immediately before the commencing
day shall continue to have its principal seat at the place where it had such seat before that day.
9
40/A1 the High *ourt for %slamabad *apital 5erritory shall have its principal seat at %slamabad.8
/
Article /@; subs. by the *onstitution 0!eventeenth Amdt.1 Act" 3AA6 06 of 3AA61" s. = which was previously amended by various
enactments 0see also Article 3<=71.
3
!ubs. by P.>. )o. /9 of /@=; Art. 3 and !ch. for certain words.
6
2enumbered 0/1 ibid.
9
)ew clause 0/A1 ins. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s.=/.
/
4031. Cach High *ourt and the ,udges and divisional courts thereof shall sit as its principal seat and the
seats the seats of its 7enches and may hold" at any place within its territorial $urisdiction" circuit courts
consisting of such of the ,udges as may be nominated by the *hief ,ustice.
061 5he Gahore High *ourt shall have a 7ench each at 7ahawalpur" &ultan and 2awalpindi; the High
*ourt of !indh shall have a 7ench at !ukkur ; the Peshawar High *ourt shall have a 7ench each at
Abbottabad
3
4"&ingora8 and -era %smail :han and the High *ourt of 7aluchistan shall have a 7ench at
!ibi
6
4and 5urbat.8
091 Cach of the High *ourts may have 7enches at such other places as the Bovenor may determine on
the advice of the *abinet and in consultation with the *hief ,ustice of the High *ourt.
0;1 A 7ench referred to in clause 061" or established under clause 091" shall consist of such of the ,udges
of the High *ourt as may be nominated by the *hief ,ustice from time to time for a period of not less
than one year.
0<1 5he Bovernor in consultation with the *hief ,ustice of the High *ould shall make rules to provide
the following matters" that is to say"
0a1 assigning the area in relation to which each 7ench shall exercise $urisdiction vested in the High
*ourt; and
0b1 for all incidental" supplemental or conse#uential matters.
1<<. 213 Br!&$!"%!'# '- H!)h C'r%: !ub$ect to the *onstitution" a High *ourt may" if it is satisfied
that no other ade#uate remedy is provided by law"
0a1 on the application of any aggrieved party" make an order
0i1 directing a person performing" within the territorial $urisdiction of the *ourt" functions in connection
with the affairs of the (ederation" a Province or a local authority" to refrain from doing anything he is not
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
3
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =/.
6
Added ibid.
permitted by law to do" or to do anything he is re#uired by law to do ; or
0ii1 declaring that any act done or proceeding taken within the territorialJ $urisdiction of the *ourt by a
person performing functions in connection with the affairs of the (ederation" a Province or a local
authority has been done or taken without lawful authority and is of no legal effect ; or
0b1 on the application of any person" make an order
0i1 directing that a person in custody within the territorial $urisdiction of the *ourt be brought before it so
that the *ourt may satisfy itself that he is not being held in custody without lawful authority or in an
unlawful manner;. or
0ii1 re#uiring a person within the territorial $urisdiction of the *ourt holding or purporting to hold a
public office to show under what authority of law he claims to hold that office ; or
0c1 on the application of any aggrieved person" make an order giving such directions to any person or
authority" including any Bovernment exercising any power or performing any function in" or in relation
to" any territory within the $urisdiction of that *ourt as may be appropriate for the enforcement of any of
the (undamental 2ights conferred by *hapter / of Part %%.
031 !ub$ect to the *onstitution" the right to move a High *ourt for the enforcement ofJ any of the
(undamental 2ights conferred by *hapter / of Part %% shall not be abridged.
/
4061 An order shall not be made under clause 0/1 on application made by or in relation to a person who
is a member of the Armed (orces of Pakistan" or who is for the time being sub$ect to any laws relating to
any of those (orces in respect of his terms and conditions of service" in respect of any matter arising out
/
!ubs. by the *onstitution 0(irstAmdt.1 Act" /@=9 066 of /@=91" s. @" for Eclause 061F" 0w.e.f. the 9
th
&ay" /@=91.
of his service" or in respect of any action taken in relation to him as a member of the Armed (orces of
Pakistan or as a person sub$ect to such law.
/
L L L L L L L

091 Where
0a1 an application is made to a High *ourt for an order under paragraph 0a1 or paragraph 0c1 of clause 0/1"
and
0b1 the making of an interim order would have the effect of pre$udicing or interfering with the carrying
out of a public work or of otherwise being harmful to the public interest
3
4or !tate Property8of impeding
the assessment or collection of public revenues" the *ourt shall not make an interim order unless the
prescribed law officer has been given notice of the application and he or any person authorised by him in
that behalf has had an opportunity of being heard and the *ourt" for reasons to be recorded in writing" is
satisfied that the interim order
0i1 would not have such effect as aforesaid ; or
0ii1 would have the effect of suspending an order or proceeding which on the face of the record is
without $urisdiction.
/
*21A3. An interim order made by a High *ourt on an application made to it to #uestion 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 % of the (irst !chedule or relates to" or is connected with" !tate property or assessment or collection
of public revenues shall cease to have effect on the expiration of a period of six months following the
day on which it is made:
/
*lauses 06A1" 0671 and 06*1 omitted by P.>.)>. /9 >( /@?;" Art. 3 and !ch" which was previously amended by various
enactments.
3
%ns. ibid.
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =3" for Eclause 09A1F.
Provided that the matter shall be finally decided by the High *ourt within six months from the
date on which the interim order is made.8
/
L L L L L L L

0;1 %n this Article" unless the context otherwise re#uires"
IpersonI includes any body politic or corporate" any authority of or under the control of the (ederal
Bovernment or of a Provincial Bovernment" and any *ourt or tribunal" other than the !upreme *ourt" a
High *ourt" or a *ourt or tribunal established under a law relating to the Armed (orces of Pakistan ; and
Iprescribed law officerI means
0a1 in relation to an application affecting the (ederal Bovernment or an authority of or under the control
of the (ederal Bovernment" the Attorney Beneral" and
0b1 in any other case" the Advocate Beneral for the Province in which the application is made.
(==. Tra#&-er '- H!)h C'r% B$)e&.-0/1 5he President may transfer a ,udge of a High *ourt from one
High *ourt to another High *ourt" but no ,udge shall be so transferred except with his consent and after
consultation by the President with the *hief ,ustice of Pakistan and the *hief ,ustices of both High
*ourts.
3
4:8
6
.L L L L L L
Explanation: %n this Article" E,udgeF does not include a *hief ,ustice
9
but includes a ,udge for the time
being acting as *hief ,ustice of High *ourt other than a ,udge of the !upreme *ourt acting as such in
pursuance of a re#uest made under paragraph 0b1 if Article /@<8.8
/
*lause 0971 omitted by the *hief CxecutiveQs >rder" 3AA3 039 of 3AA31" Art. 3 and !ch" which was previously amended by P.>.)>.
/9 of /@?;" Art and !ch.
3
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<" s. /3" for the fullstop 0w.e.f. the /6th !eptember" /@=<1.
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =6.
9
Added by the *onstitution 05hird Amdt.1 >rder" /@?; 0P.>. )o. 39 of /@?;1" Art. 6.
/
4031 When a ,udge is so transferred or is appointed to an office other than that of ,udge at a place other
than the principal seat of the High *ourt" he shall" during the period for which he serves as a ,udge of the
High *ourt to which he is transferred or such office" be entitled to such allowances and privileges" in
addition to his salary" as the President may" by >rder" determine.
3
4061 if at any time it is necessary for any reason to increase temporarily the number of ,udges of a High
*ourt" the *hief ,ustice of that *ourt may re#uire a ,udge of any other High *ourt to attend sittings of
the former High *ourt for such period as may be necessary and while so attending the sittings of the
High *ourt" the ,udge shall have the same power and $urisdiction as a ,udge of High *ourt:
Provided that a ,udge shall not be so re#uired except with his consent and the approval of the President
and after consultation with the *hief ,ustice of Pakistan and the *hief ,ustice of the High *ourt of which
he is a $udge.
6
4Cxplanation: in this Article EHigh *ourtF includes a 7ench of a High *ourt.
9
L L L L L L L
(=1. De"!&!'# '- H!)h C'r% b!#$!#) '# &b'r$!#a%e C'r%&. !ub$ect to Article /?@" any decision of
a High *ourt shall" to the extent that it decides a #uestion of law or is based upon or enunciates a
principle of law" be binding on all *ourts subordinate to it.
(=(. Rle& '- pr'"e$re. !ub$ect to the *onstitution and law" a High *ourt may make rules regulating
the practice and procedure of the *ourt or of any *ourt subordinate to it.
(=/. H!)h C'r% %' &per!#%e#$ &b'r$!#a%e C'r%&. Cach High *ourt shall supervise and control all
*ourts subordinate to it.
/
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for Eclause 031F.
3
*lause 061 added by the *onstitution 0(irst Amdt.1 Act" /@=9066 of /@=91" s. /A" 0w.e.f. the 9
th
&ay" /@=91
6
Cxplanation added by P.>. )o. /9 of /@?;" Art. 3 and !ch."
9
*lause 091 omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =6.
/
4*HAP5C2 6A.R(C-C2AG !HA2%A5 *>U25
(=/A. Pr',!&!'#& '- Chap%er %' ',err!$e '%her pr',!&!'#& '- C'#&%!%%!'#. 5he Provisions of this
*hapter shall have effect notwithstanding anything contained in the *onstitution.
(=/B. De-!#!%!'#&. %n this *hapter" unless there is anything repugnant in the sub$ect or context"
3
40a1 E*hief ,usticeF means *hief ,ustice of the *ourt;
0b1 I*ourtI means the (ederal !hariat *ourt constituted in pursuance of Article 3A6*.
6
40bb1 I,udgeI means ,udge of the *ourt;
0c1 IlawI includes any custom or usage having the force of law but does not include the
*onstitution" &uslim personal law" any law relating to the procedure of any court or tribunal or"
until the expiration of
9
4ten8 years from the commencement of this *hapter" any fiscal law or
any law relating to the levy and collection of taxes and fees or banking or insurance practice and
procedure; and
;
L L L L L L L
(=/C. The Fe$eral Shar!a% C'r%. 0l1 5here shall be constituted for the purposes of this *hapter a
*ourt to be called the (ederal !hariat *ourt.
<
4031 5he *ourt shall consist of not more than eight &uslim
=
4,udges8" including the
?
4*hief
,ustice8" to be appointed by the President
@
4in accordance with Article /=;A8.
/A
4061 5he *hief /ustice shall be a person who is" or has been" or is #ualified to be" a ,udge of the
!upreme *ourt or who is or has been a permanent ,udge of a High *ourt.
/
!ubs by the *onstitution 0Amdt.1 >rder /@?A 0P.>. )o / of /@?A1. Art. 6" for the Eexisting *hapter 6AF 0w.e.f. 3<
th
&ay" /@?A1
3
!ubs by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o of /@?31" Art. 3. for Eparagraph 0a1F.
6
%ns. ibid.
9
!ubs. P.>. )o. /9 of /@?;" Art. 3 and !ch." which was previously amended by various enactments for EfiveF.
;
Paragraph 0d1 omitted by P.>. )o. ; of /@?3" Art. 3.
<
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?/ 0P.>. )o = of /@?/1" Art 3" for Eclause 031F.
=
!ubs. by P.>. )o. ; of /@?3" Art. 6" for EmembersF.
?
!ubs. ibid." for E*hairmanF.
@
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =9
/A
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?;0P.>. )o. 39 of /@?;1" Art. 9" for Eclause 061F.
06A1 or the ,udges" not more than four shall be persons each one of whom is" or has been" or is
#ualified to be" a ,udge of a High *ourt and not more than three shall be Ulema
/
4having at least fifteen
years experience in %slamic law" research or instruction.8
091 5he
3
4*hief ,ustice8 and a
6
4,udge8 shall hold office for a period not exceeding three years"
but may be appointed for such further term or terms as the President may determine:
Provided that a ,udge of a High *ourt shall not be appointed to be a
6
4,udge8
9
LLL except with
his consent and
;
4except where the ,udge is himself the *hief ,ustice" after consultation by the President
with the *hief ,ustice of the High *ourt.
<
409A1 5he
3
4*hief ,ustice8" if he is not a ,udge of the !upreme *ourt" and a
6
4,udge8 who is not
a ,udge of a High *ourt" may" by writing under his hand addressed to the President" resign his office.
=
40971 5he *hief ,ustice and a ,udge shall not be removed from office except in the like manner
and on the like grounds as a ,udge of the !upreme *ourt.8
?
L L L L L L L
0<1 5he principal seat of the *ourt shall be at %slamabad" but the *ourt may from time to
time sit in such other places in Pakistan as the
3
4*hief ,ustice8 may" with the approval of the
President" appoint.
0=1 7efore entering upon office" the
3
4*hief ,ustice8 and a
6
4,udge8 shall make before the
President or a person nominated by him oath in the form set out in the 5hird !chedule.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =9" for certain words.
3
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o. ; of /@?31" Art. 6" for E*hairmanF.
6
!ubs. ibid." for EmemberF.
9
*ertain words omitted by Act )o. /A of 3A/A" s. =9.
;
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?; 0P.>. )o. 39 of /@?;1" Art. 9" for Eone yearF.
<
%ns. by the *onstitution 0!econd Amdt.1 >rder" /@?A 0P.>. )o. 9 of /@?A1" Art. 3.
=
!ubs. by the Act )o. /A of 3A/A" s. =9" for clause 0971 for which was previously ins. by P.>.)o. /9 of /@?;" Art. 3 and sch.
?
*lauses 09*1 and 0;1" omitted ibid.
0?1 At any time when the
/
4*hief ,ustice8 or a
3
4,udge8 is absent or is unable to perform the
functions of his office" the President shall appoint another person #ualified for the purpose to act as
/
4*hief ,ustice8 or" as the case may be"
3
4,udge8.
6
40@1 A *hief ,ustice who is not a ,udge of the !upreme *ourt shall be entitled to the same
remuneration" allowances and privileges as are admissible to a ,udge of the !upreme *ourt and a ,udge
who is not a ,udge of a High *ourt shall be entitled to the same remuneration" allowances and privileges
as are admissible to a ,udge of a High *ourt :
Provided that where a ,udge is already drawing a pension for any other post in the service of Pakistan"
the amount of such pension shall be deducted from the pension admissible under this clause.
(=/CC. [Penal at2 4lema and 4lema mem(er&,5 6mitted (3 the 7on&titution (/econd Amdt,5 6rder,
/@?/ (P6, 8o, of /@?/1" Art, !, 9hich 9a& +re-iou&l3 in&, (3 Po, 8o,: of /@?/" Art, 2,
(=/D. P'4er&5 +r!&$!"%!'# a#$ -#"%!'#& '- %he C'r%. 0/1 5he *ourt may"
9
4either of its own motion
or on the petition of a citi+en of Pakistan or the (ederal Bovernment or a Provincial Bovernment"
examine and decide the #uestion whether or not any law or provision of law is repugnant to the
%n$unctions of %slam" as laid down in the Holy 'uran and the !unnah of the Holy Prophet" hereinafter
referred to as the %n$unctions of %slam.
/
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o. ; of /@?31" Art. 6" for E*hairmanF.
3
!ubs. ibid." for EmemberF.
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =9" and shall be deemed always to have been so" subs. with effect from
the 3/st day of August 3AA3 for Eclause 0@1F.
9
%ns. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0; of /@?31" Art. 9"
/
0/A1 Where the *ourt takes up the examination of any law or provision of law under clause 0/1
and such law or provision of law appears to it to be repugnant to the %n$unctions of %slam" the *ourt shall
cause to be given to the (ederal Bovernment in the case of a law with respect to a matter in the (ederal
Gegislative Gist
3
LLLor to the Provincial Bovernment in the case of a law with respect to a matter not
enumerated 64in the (ederal Gegislative Gist" a notice specifying the particular provisions that appear to
it to be so repugnant" and afford to such Bovernment ade#uate opportunity to have its point of view
placed before the *ourt.8
031 %f the *ourt decides that any law or provision of law is repugnant to the %n$unctions of %slam"
it shall set out in its decision :
0a1 the reasons for its holding that opinion; and
0b1 the extent to which such law or provision is so repugnant;
And specify the day on which the decision shall take effect
9
4:8
;
4Provided that no such decision shall be deemed to take effect before the expiration of the
period within which an appeal therefrom may be preferred to the !upreme *ourt or" where an appeal
has been so preferred" before the disposal of such appeal.
061 %f any law or provision of law is held by the *ourt to be repugnant to the %n$unctions of
%slam"
0a1 the President in the case of a law with respect to a matter in the (ederal Gegislative Gist
<
LLL or the
Bovernor in the case of a law with respect to a matter not enumerated in
=
4said Gist8 shall take steps to
amend the law so as to bring such law or provision into conformity with the %n$unctions of %slam; and
/
%ns. by the *onstitution 0Amdt.1 >rder" /@?9 0P.>. )o. / of /@?91" Art. 3.
3
5he words E of the *oncurrent Gegislative GistF omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =;.
6
!ubs. ibid." for the wordsF in the either of those listsF.
9
!ubs. and shall be deemed always to have been so subs. by the *onstitution 0Amdt.1 >rder" /@?9 0P.>. )o / of /@?91" Art. 3" for the
full stop.
;
Proviso added and shall be deemed always to have been so added ibid.
<
5he words Eor the *oncurrent Gegislative GistF stand omitted as conse#uence of the 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" see
section 3.
=
!ubs ibid." ECither of those GistsF.
0b1 such law or provision shall" to the extent to which it is held to be so repugnant" cease to have
effect on the day on which the decision of the *ourt takes effect.
/
L L L L L L L
(
*(=/DD. Re,!&!'#al a#$ '%her +r!&$!"%!'# '- %he C'r%. 0/1 5he *ourt may call for and examine the
record of any case decided by any criminal court under any law relating to the enforcement of Hudood
for the purpose of satisfying itself as to the correctness" legality or propriety of any finding" sentence or
order recorded or passed by" and as to the regularity of any proceedings of" such court and may" when
calling for such record" direct that the execution of any sentence be suspended and" if the accused is in
confinement" that he be released on bail or on his own bond pending the examination of the record.
031 %n any case the record of which has been called for by the *ourt" the *ourt may pass such order as it
may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorise the *ourt to convert a finding of
ac#uittal into one of conviction and no order under this Article shall be made to the pre$udice of the
accused unless he has had an opportunity of being heard in his own defence.
061 5he *ourt shall have such other $urisdiction as may be conferred on it by or under any law.
(=/E. P'4er& a#$ pr'"e$re '- C'r%. 0/1 (or the purposes of the performance of its functions" the
*ourt shall have the powers of a *ivil *ourt trying a suit under the *ode of *ivil Procedure" /@A? 0Act
O of /@A?1" in respect of the following matters" namely :
0a1 summoning and enforcing the attendance of any person and examining him on oath;
0b1 re#uiring the discovery and production of any document;
0c1 receiving evidence on affidavits; and
0d1 issuing commissions for the examination of witnesses or documents.
031 5he *ourt shall have power to conduct its proceedings and regulate its procedure in all respects as it
deems fit.
/
*lause 091 omitted by the *onstitution 0!econd Amdt.1 >rder" /@?A 0P.>. )o. 9 of /@?A1" Art. 6.
3
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o. ; o f/@?31" Art. ;" for EArticle 3A6--F" which was previously ins.
by P.>. )o 9 of /@?A" Art. 6.
061 5he *ourt shall have the power of a High *ourt to punish its own contempt.
091 A party to any proceedings before the *ourt under clause 0/1 of Article 3A6- may be
represented by a legal practitioner who is a &uslim and has been enrolled as an advocate of a
High *ourt for a period of not less than five years or as an advocate of the !upreme *ourt or by
a $urisconsults selected by the party from out of a panel of $urisconsults maintained by the *ourt
for the purpose.
0;1 (or being eligible to have his name borne on the panel of $urisconsults referred to in clause 091" a
person shall be an aalim who" in the opinion of the *ourt" is wellversed in !hariat.
0<1 A legal practitioner or $urisconsult representing a party before the *ourt shall not plead for the party
but shall state" expound and interpret the %n$unctions of %slam relevant to the proceedings so far as may
be known to him and submit to the *ourt a written statement of his interpretation of such %n$unctions of
%slam.
0=1 5he *ourt may invite any person in Pakistan or abroad whom the *ourt considers to be wellversed
in %slamic law to appear before it and render such assistance as may be re#uired of him.
0?1 )o court fee shall be payable in respect of any petition or application made to the *ourt under
/
4Article 3A6-.8
3
40@1 5he *ourt shall have power to review any decision given or order made by it.
(=/F. Appeal %' Spreme C'r%. 0/1 Any party to any proceedings before the *ourt under Article
3A6- aggrieved by the final decision of the *ourt in such proceedings may" within sixty days of such
decision" prefer an appeal to the !upreme *ourt4:8
6
9
4Provided that an appeal on behalf of the (ederation or of a Province may be preferred within six
months of such decision.8
/
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?A 0P.>. )o. 9 of /@?A1" Art. ;" for Ethis ArticleF.
3
)ew clause 0@1 added by the *onstitution 0Amdt.1 >rder" /@?/ 0P.>. )o. ; of /@?/1" Art. 6.
6
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?6 0P.>. )o. @ of /@?61" Art. 3" for the fullstop.
9
Proviso added ibid.
031 5he provisions of clauses 031 and 061 of Article 3A6- and clauses 091 to 0?1 of Article 3A6C shall
apply to and in relation to the !upreme *ourt as if reference in those provisions to *ourt were a
reference to the !upreme *ourt.
/
403A1 An appeal shall lie to the !upreme *ourt from any $udgment" final order or sentence of the
(ederal !hariat *ourt
0a1 if the (ederal !hariat *ourt has on appeal reversed an order of ac#uittal of an accused person and
sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or"
on revision" has enhanced a sentence as aforesaid;or
0b1 if the (ederal !hariat *ourt has imposed any punishment on any person for contempt of the *ourt.
0371 An appeal to the !upreme *ourt from a $udgment" decision" order or sentence of the (ederal !hari
at *ourt in a case to which the preceding clauses do not apply shall lie only if the !upreme *ourt grants
leave to appeal.8
3
4061 (or the purpose of the exercise of the $urisdiction conferred by this Article" there shall be
constituted in the !upreme *ourt a 7ench to be called the !hariat Appellate 7ench and consisting of
0b1 not more than two 4lema to be appointed by the President to attend sittings of the 7ench as ad hoc
members thereof from amongst the ,udges of the (ederal !hariat *ourt or from out of a panel of Ulema
to be drawn up by the President in consultation with the *hief ,ustice.
091 A person appointed under paragraph 0b1 of clause 061 shall hold office for such period as the
President may determine.
/
)ew Eclause 03A1 and 0371F ins. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o ; of /@?31" Art. <.
3
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?3 0P.>. )o. /3 of /@?31" Art. 3" for Eclause 061F.
0;1 2eference in clauses 0/1 and 031 to I!upreme *ourtI shall be construed as a reference to the !hariat
Appellate 7ench.
0<1 While attending sittings of the !hariat Appellate 7ench" a person appointed under paragraph 0b1 of
clause 061 shall have the same power and $urisdiction" and be entitled to the same privileges" as a ,udge
of the !upreme *ourt and be paid such allowances as the President may determine.8
(=/:. Bar '- Br!&$!"%!'#. !ave as provided in Article 3A6(" no court or tribunal" including the
!upreme *ourt and a High *ourt" shall entertain any proceedings or exercise any power or $urisdiction
in respect of any matter within the power or $urisdiction of the *ourt.
1
*(=/::. De"!&!'# '- C'r% b!#$!#) '# H!)h C'r% a#$ "'r%& &b'r$!#a%e %' !%. !ub$ect to
Articles 3A6- and 3A6(" any decision of the *ourt in the exercise of its $urisdiction under this
*hapter shall be binding on a High *ourt and on all courts subordinate to a High *ourt.8
(=/H. Pe#$!#) pr'"ee$!#)& %' "'#%!#e&. 0/1 !ub$ect to clause 031 nothing in this *hapter shall be
proceedings to deemed to re#uire any proceedings pending in any court or continue" etc. tribunal
immediately before the commencement of this *hapter or initiated after such commencement" to be
ad$ourned or stayed by reason only of a petition having been made to the *ourt for a decision as to
whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings
is repugnant to the %n$unctions of %slam; and all such proceedings shall continue" and the point in issue
therein shall be decided" in accordance with the law for the time being in force.
031 All proceedings under clause 0/1 of Article 3A67 of the *onstitution that may be pending before any
High *ourt immediately before the commencement of this *hapter shall stand transferred to the *ourt
and shall be dealt with by the *ourt from the stage from which they are so transferred.
061 )either the *ourt nor the !upreme *ourt shall in the exercise of its $urisdiction under this *hapter
have power to grant an in$unction or make any interim order in relation to any proceedings pending in
any other *ourt or tribunal.
/
)ew Article 3A6BB ins. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o. ; of /@?31" Art. =.
(=/1. 4Admini&trati-e arran;ement&, etc,", 6mitted (3 the 7on&titution (/econd Arndt,) 6rder, D@?3"
(P6, 8o,: of /@?31" Art, ?.
(=/B. P'4er %' maAe rle&. 0/1 5he *ourt may" by notification in the official Ba+ette" make rules for
carrying out the purposes of this *hapter.
031 %n particular" and without pre$udice to the generality of the foregoing power" such rules may make
provision in respect of all or any of the following matters" namely :
0a1 the scale of payment of honoraria to be made to $urisconsults" experts and witnesses summoned by
the *ourt to defray the expenses" if any" incurred by them in attending for the purposes of the
proceedings before the *ourt;
/
L
0b1 the form of oath to be made by a ,urisconsult" expert or witness appearing before the *ourt:
3
4;8
6
40c1 the powers and functions of the *ourt being exercised or performed by 7enches consisting of one
or more members constituted by the *hairman;
0d1 the decision of the *ourt being expressed in terms of the opinion of the ma$ority of its members or"
as the case may be" of the members constituting a 7ench ; and
0e1 the decision of cases in which the members constituting a 7ench are e#ually divided in their
opinion.8
061 Until rules are made under clause 0/1" the !hariat 7enches of !uperior *ourts 2ules. /@=@" shall"
with the necessary modifications and so far as they are not inconsistent with the provisions of this
*hapter" continue in force.8
CHAPTER 1.--:ENERAL PROEISIONS RELATIN: TO THE BUDICATURE .
I.
1
*(=1. C'#%emp% '- C'r%. 213 %n this Article" I*ourtI means the !upreme *ourt or a High *ourt.
/
5he word EandF omitted by the *onstitution 0!econd Amdt.1 >rder" /@?A 0P.>. )o. 9 of /@?A1" Art. <.
3
!ubs. ibid." for the fullstop.
6
Paragraph 0c 1 0d1 and 0e1 added ibid.
9
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for EArticle 3A9F.
031 A *ourt shall have power to punish any person who
0a1 abuses" interferes with or obstructs the process of the *ourt in any way or disobeys any order of the
*ourt ; or
0b1 scandali+es the *ourt or otherwise does anything which tends to bring the *ourt or a ,udge in
relation to his office into hatred" ridicule or contempt ; or
0c1 does anything which tends to pre$udice the determination of a matter pending before the *ourt ; or
0d1 does any other thing which" by law" constitutes contempt of the *ourt.
061 5he exercise of the power conferred on a *ourt by this Article may be regulated by law and" sub$ect
to law" by rules made by the *ourt.8
(=6. Rem#era%!'#5 e%".5 '- B$)e&. 5he remuneration and other terms and conditions of service of a
,udge of the !upreme *ourt or of a High *ourt shall be as provided in the (ifth !chedule.
(=8. Re&!)#a%!'#.-
1
*213C A ,udge of the !upreme *ourt or of a High *ourt may resign his office by
writing under his hand addressed to the President.
3
403A1. A $udge of a High *ourt who does not accept appointment as a ,udge of the !upreme *ourt shall
be deemed to have retired from his office and" on such retirement" shall be entitled to receive a pension
calculated on the basis of the length of his service as ,udge and total service" if any" in the service of
Pakistan.8
(=9. B$)e #'% %' h'l$ '--!"e '- pr'-!%5 e%".0/1 A ,udge of the !upreme *ourt or of a High *ourt shall
not
0a1 hold any other office of profit in the service of Pakistan if his remuneration is thereby increased ; or
/
Article 3A< renumbered as clause 0/1 of that Article" by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /9" 0w.e.f. the /6th
!eptember" /@=<1.
3
)ew clause 031 added ibid.
0b1 occupy any other position carrying the right to remuneration for the rendering of services.
031 A person who has held office as a ,udge of the !upreme *ourt or of a High *ourt shall not hold any
office of profit in the service of Pakistan" not being a $udicial or #uasi $udicial office or the office of
*hief Clection *ommissioner or of *hairman or member of a law commission or of *hairman or
member of the *ouncil of %slamic %deology" before the expiration of two years after he bas ceased to
hold that office.
061 A person who has held office as a permanent ,udge
0a1 of the !upreme *ourt" shall not plead or act in any *ourt or before any authority in Pakistan ;
0b1 of a High *ourt" shall not plead or act in any *ourt or before any authority within its $urisdiction ;
and
0c1 of the High *ourt of West Pakistan as it existed immediately before the coming intoJ force of the
Province of West Pakistan 0-issolution1 >rder" /@=A" shall not plead or act in any *ourt or before any
authority within the $urisdiction of the principal seat of that High *ourt or" as the case may be" the
permanent bench of that High *ourt to which he was assigned.
(=;. O--!"er& a#$ &er,a#%& '- C'r%&. 5he !upreme *ourt"
/
4and the (ederal !hariat *ourt8" with the
approval of the President and a High *ourt" with the approval of the Bovernor concerned" may make
rules providing for the appointment by the *ourt of officers and servants of the *ourt and for their terms
and conditions of employment.
(=<. Spreme B$!"!al C'#"!l.-0/1 5here shall be a !upreme ,udicial *ouncil of Pakistan" in this
*hapter referred to as the *ouncil.
031 5he *ouncil shall consists of
0a1 the *hief ,ustice of Pakistan ;
0b1 the two next most senior ,udges of the !upreme *ourt ; and
/
%ns. by the *onstitution 0!econd Amdt.1 >rder" /@?3 0P.>. )o. ; of /@?31" Art. @.
0c1 the two most senior *hief ,ustices of High *ourts.
Explanation.- (or the purpose of this clause" the inter se seniority of the *hief ,ustices of the High
*ourts shall be determined with reference to their dates of appointment as *hief ,ustice
/
4otherwise than
as acting *hief ,ustice8" and in case the dates of such appointment are the same" with reference to their
dates of appointment as ,udges of any of the High *ourts.
061 %f at any time the *ouncil is in#uiring into the capacity of conduct of a ,udge who is a member of the
*ouncil" or a member of theJ *ouncil is absent or is unable to act due to illness or any other cause" then
0a1 if such member is a ,udge of the !upreme *ourt" the ,udge of the !upreme *ourt who is next in
seniority below the ,udges referred to fin paragraph 0b1 of clause 031" and
0b1 if such member is the *hief ,ustice of a High *ourt" the *hief ,ustice of another High *ourt who is
next in seniority amongst the *hief ,ustices of the remaining High *ourts" shall act as a member of the
*ouncil in his place.
091 %f" upon any matter in#uired into by the *ouncil" there is a difference of opinion amongst its
members" the opinion of the ma$ority shall prevail" and the report of the *ouncil to the President shall be
expressed in terms of the view of the ma$ority.
3
40;1 %f" on information received from the *ouncil or from any other source" the President is of the
opinion that a ,udge of the !upreme *ourt or of a High *ourt
0a1 may be incapable of properly performing the duties of his office by reason of physical or mental
incapacity ; or
0b1 may have been guilty of misconduct" the President shall direct the *ouncil to in#uire into the matter.8
/
%ns. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. //" 0w.e.f. the 9th &ay" /@=91.
3
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" 0/A of 3A/A1" s. =<" for Tclause 0;1F.
0<1 %f" after in#uiring into the matter" the *ouncil reports to the President that it is of the opinion
0a1 that the ,udge is incapable of performing the duties of his office or has been guilty of misconduct"
and
0b1 that he should be removed from office" the President may remove the ,udge from office.
0=1 A ,udge of the !upreme *ourt or of a High *ourt shall not be removed from office except as
provided by this Article.
0?1 5he *ouncil shall issue a code of conduct to be observed by ,udges of the !upreme *ourt and of the
High *ourts.
(1=. P'4er '- C'#"!l %' e#-'r"e a%%e#$a#"e '- per&'#&5 e%".0/1 (or the purpose of " in#uiring into
any matter" the *ouncil shall have the same power as the !upreme *ourt has to issue directions or orders
for securing the attendance of any person or the discovery or production of any document; and any such
direction or order shall be enforceable as if it had been issued by the !upreme *ourt.
031 5he provisions of Article 3A9 shall apply to the *ouncil as they apply to the !upreme *ourt and a
High *ourt.
(11. Bar '- +r!&$!"%!'#. 5he proceedings before the *ouncil" its report to the President and the
removal of a ,udge under clause 0<1 of Article 3A@ shall not be called in #uestion in any *ourt.
(1(. A$m!#!&%ra%!,e C'r%& a#$ Tr!b#al&.-0/1 )otwithstanding anything hereinbefore contained" the
appropriate Gegislature may by Act
/
4provide for the establishment of8 one or more Administrative
*ourts or 5ribunals to exercise exclusive $urisdiction in respect of
0a1 matters relating to the terms and conditions of persons
3
4who are or have been8 in the service of
Pakistan" including disciplinary matters ;
0b1 matters relating to claims arising from tortuous acts of Bovernment" or any person in the service of
Pakistan" or of any local or other authority empowered by law to levy any tax or cess and any servant of
such authority acting in the discharge of his duties as such servant ; or
/
!ubs. and shall be deemed always to have been so subs. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /3" for
EestablishF.
3
%ns. and shall be deemed always to have been so ins. ibid.
0c1 matters relating to the ac#uisition" administration and disposal of any property which is deemed to be
enemy property under any law.
031 )otwithstanding anything hereinbefore contained" where any Administrative *ourt or 5ribunal is
established under clause 0/1" no other *ourt shall grant an in$unction" make any order or entertain any
proceedings in respect of any matter to which the $urisdiction of such Administrative *ourt or 5ribunal
extends;
/
4and all proceeding in respect of any such matter which may be pending before such other
court immediately before the establishment of the Administrative court are 5ribunal
3
4 ; other than an
appeal pending before the !upreme *ourt"8 shall abate on such establishment
Provided that the provisions of this clause shall not apply to an Administrative *ourt or 5ribunal
established under an Act of a Provincial Assembly unless" at the re#uest of that Assembly made in the
form of a resolution"
6
4&a$lise!hoora 0Parliament18 by law
9
extends the provisions to such a *ourt or
5ribunal.
061 An appeal to the !upreme *ourt from a $udgment" decree" order or sentence of an Administrative
*ourt or 5ribunal shall lie only if the !upreme *ourt" being satisfied that the case involves a substantial
#uestion of law of public importance" grants leave to appeal.
(1( 2A3 )&ta(li&hment of Militar3 7ourt& or Tri(unal&, 6mitted (3 /,R,6, 86 12<(1) <:,
dated !=#12#<:, read 9ith +roclamation of 9ithdra9al of Martial La9 dated !=#12#<: &ee >a$,
6f P, 19<:, )*t,, Pt,I, dated !=#12#<:, ++, ?!1#?!2, 9hich 9a& +re-iou&l3 added (3 P,6, 86,
21 of 199, Art, 2
(1( B. )&ta(li&hment of /+ecial 7ourt& for Trial of heinou& offence&, Re+ealed (3 the
7on&titution (T9elfth Amdt,) Act, 19991 (1? of 1991), &, 1 (!), (9, e, f, 2@
th
Aul3, 199?), 9hich
9a& +re-iou&l3 added (3 Act 1? of 1991 &, 2, (9, e, f, 2
th
Aul3, 1991)
/
%ns. and shall be deemed always to have been so ins. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /3.
3
%ns. and shall be deemed always to have been so ins. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /;.
6
!ee footnote < on page ;" supra.
9
(or such law see the Provincial !ervice 5ribunals 0Cxtension of Provisions of the *onstitution1 Act" /@=9 063 of /@=91.
Par% EIII
Ele"%!'#&
CHAPTER I.-CHIEF ELECTION COMMISSIONER AND ELECTION
COMMISSIONS.
(1/. Ch!e- Ele"%!'# C'mm!&&!'#er. 0/1 5here shall be a *hief Clection *ommissioner 0in this Part
referred to as the *ommissioner1" who shall be appointed by the President
/
LLL
031 )o person shall be appointed to be *ommissioner unless he is" or has been" a ,udge of the !upreme
*ourt or is" or has been" a ,udge of a High *ourt and is #ualified under paragraph 0a1 of clause 031 of
Article /== to be appointed a ,udge of the !upreme *ourt.
3
403A1. 5he Prime &inister" shall in consultation with the Geader of the >pposition in the )ational
Assembly" forward three names for appointment of the *ommissioner to a Parliamentary *ommittee for
hearing and confirmation of anyone person.
0371 5he Parliamentary *ommittee to be constituted by the !peaker shall comprise fifty percent
members from the 5reasury 7enches and fifty percent from the >pposition Parties" based on their
strength in &a$lise!hoora 0Parliament1" to be nominated by the respective Parliamentary Geaders:
Provided that in case there is no consensus between the Prime &inister and the Geader of the
>pposition" each shall forward separate lists to the Parliamentary *ommittee for consideration which
may confirm anyone name:
Provided further that the total strength of the Parliamentary *ommittee shall not exceed twelve
members out of which onethird shall be from the !enate:
Provided also that when the )ational Assembly is dissolved and a vacancy occurs in the office
of the *hief Clection *ommissioner" the Parliamentary *ommittee shall comprise the members from the
!enate only and the foregoing provisions of this clause shall" mutatis mutandis" apply.8
/
5he words Ein the discretionF omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ==.
3
)ew clauses 03A1 and 0371 %ns. ibid.
061 5he *ommissioner shall have such powers and functions as are conferred on him by the *onstitution
and law.
(11. C'mm!&&!'#er@& 'a%h '- '--!"e. 7efore entering upon office" the *ommissioner shall make before
the *hief ,ustice of Pakistan oath in the form set out in the 5hird !chedule.
(16. Term '- '--!"e '- C'mm!&&!'#er. 0/1 5he *ommissioner shall" sub$ect to this Article" hold office
for a term of
/
4five8 years from the day he enters upon his office:
3
4Provided that the )ational Assembly may by resolution extend the terra of the *ommissioner by a
period not exceeding one year.8
6
L L L L L L
031 5he *ommissioner shall not be removed from office except in the manner prescribed in Article 3A@
for the removal from office of a ,udge and" it" the application of the Article for the purposes of this
clause" any reference in that Article to a ,udge shall be construed as a reference to the *ommissioner.
061 5he *ommissioner may" by writing under his hand addressed to the President" resign his office.
(18. C'mm!&&!'#er #'% %' h'l$ '--!"e '- pr'-!%.- 0/1 5he *ommissioner shall not
0a1 hold any other office of profit in the service of Pakistan ; or
0b1 occupy any other position carrying the right to remuneration for the rendering of services.
031 A person who has held office as *ommissioner shall not hold any office of profit in the service of
Pakistan before the expiration of two years after he has ceased to hold that office
Provided that
0a1 this clause shall not be construed as preventing a person who was :a ,udge of the !upreme *ourt or
/
!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s =?" for EthreeF.
3
Proviso ins. ibid.
6
Proviso omitted" ibid.
of a High *ourt immediately before his appointment as *ommissioner from resuming his duties as such
,udge on the expiration of his term as *ommissioner
/
4.8
3
L L L L L L L
(19. A"%!#) C'mm!&&!'#er. At any time when
0a1 the office of *ommissioner is vacant" or
0b1 the *ommissioner is absent or is unable to perform the functions of his office due to any other cause.
a ,udge of the !upreme *ourt nominated by the *hief ,ustice of Pakistan shall act as *ommissioner.
(1;. Ele"%!'# C'mm!&&!'#.
6
40/1 (or the purpose of each general election to the )ational Assembly
and to a Provincial Assembly" an Clection *ommission shall be constituted in accordance with this
Article.8
6
4031 5he Clection *ommission shall consists of
0a1 the *ommissioner" who shall be *hairman of the *ommission ; and
0b1 four members" each of whom has been a $udge of a High *ourt from each province" appointed by the
President in the manner provided for appointment of the *ommissioner in clause 03A1 and 0371 of
Article 3/6.8
061 %t shall be the duty of the Clection *ommission constituted in relation to an election to organi+e and
conduct the election and to make such arrangements as Are necessary to ensure that the election is
conducted honestly" $ustly" fairly and in accordance with law" and that corrupt practices are guarded
against.
(1<. D%!e& '- C'mm!&&!'#er. 5he
9
4*ommission8 shall be charged with the duty of
0a1 preparing electoral rolls for election to the )ational Assembly and the Provincial Assemblies" and
revising such rolls annually ;
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. =@" for E;andF.
3
Paragraph 0b1 omitted ibid.
6
!ubs. ibid." s. ?A" for Eclauses 0/1 and 031F.
9
!ubs. ibid." s. ?/ for E*ommissionerF.
0b1 organi+ing and conducting election to the !enate or to fill casual vacancies in a House or a Provincial
Assembly ; and
0c1 appointing Clection 5ribunals
/
4;8
3
40d1 5he holding of general elections to the )ational Assembly" Provincial Assemblies and the local
governments: and
0e1 such other functions as may be specified by an Act or &a$lise!hoora 0Parliament1.8
((=. E0e"%!,e a%h'r!%!e& %' a&&!&% C'mm!&&!'#5 e%". %t shall be the duty of all executive authorities in
the (ederation and in the Provinces to assist the *ommissioner and the Clection *ommission in the
discharge of his or their functions.
((1. O--!"er& a#$ &er,a#%&. Until
6
4&a$lise!hoora 0Parliament18 by law otherwise provides" the
9
4Clection *ommission8 may" with the approval of the President" make rules providing for the
appointment by the
9
4Clection *ommission8 of officers and servants to be employed in connection with
the functions of the
;
L L L Clection *ommission and for their terms and conditions of employment.
CHAPTER (-ELECTORAL LADS AND CONDUCT OF ELECTIONSJ
(((. Ele"%'ral la4&. !ub$ect to the *onstitution" Parliament may bylaw provide for
0a1 the allocation of seats in the )ational Assembly as re#uired by:; clauses 061 and 091 of Article ;/ ;
0b1 the delimitation of constituencies by the Clection *ommission ;
0c1 the preparation of electoral rolls" the re#uirements as to residence in a constituency" the determination
of ob$ections pertaining to and the commencement of electoral rolls ;
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?/" for the full stop.
3
)ew Paragraphs 0d1 and 0e1 added ibid.
6
!ee footnote < on page ;" supra.
9
!ubs. by Act )o. /A of 3A/A" s. ?3" for E*ommissionerF.
;
5he words E*ommissioner or anF omitted ibid.
0d1 the conduct of elections and election petitions ; the decision of doubts and disputes arising in
connection with elections ;
0e1 matters relating to corrupt practices and other offences in connection with elections ; and
0f1 all other matters necessary for the due constitution of the two Houses and the Provincial Assemblies ;
but no such law shall have the effect of taking away or abridging any of the: powers of the
*ommissioner or an Clection *ommission under this Part.
((/. Bar a)a!#&% $'ble member&h!p.0/1 )o person shall" at the same time" be a member of
0a1 both Houses ; or
0b1 a House and a Provincial Assembly ; or
0c1 the Assemblies of two or more Provinces ; or
0d1 a House or a Provincial Assembly in respect of more than one seat.
031 )othing in clause 0/1 shall prevent a person from being a candidate for two or more seats at the same
time" whether in the same body or in" different bodies" but if he is elected to more than one seat he shall"
within a period of thirty days after the declaration of the result for the last such" seat" resign all but one of
his seats" and if he does not so resign" all the seats to which he has been elected shall become vacant at
the expiration of the said period of thirty days except the seat to which he has been elected last or" if be
has been elected to more than one seat on the same day" the seat for election to which his nomination
was filed last.
Cxplanation. %n this clause" IbodyI means either House or a Provincial Assembly.
061 A person to whom clause 031 applies shall not take a seat in either House or the Provincial Assembly
to which he has been elected until he has resigned all but one of his seats.
091 !ub$ect to clause 031" if a member of either House or of a Provincial Assembly becomes a candidate
for a second seat which" in accordance with clause 0/1" be may. not hold concurrently with his first seat"
then his first seat shall become vacant as soon as he is elected to the second seat.
((1. T!me '- ele"%!'# a#$ b7 ele"%!'#.-
1
*0/1 A general election to the )ational Assembly or a
Provincial Assembly shall be held within a period of sixty days immediately preceding the day on which
the term of the Assembly is due to expire" unless the Assembly has been sooner dissolved" and the
results of the election shall be declared not later than fourteen days before that day.8
3
40/A1 >n dissolution of the Assembly on completion of its term" or in case it is dissolved under Article
;? or Article //3" the President" or the Bovernor" as the case may be" shall appoint a caretaker *abinet:
Provided that the caretaker Prime &inister shall be selected by the President in consultation with the
Prime &inister and the Geader of the >pposition in the outgoing )ational Assembly" and a caretaker
*hief &inister shall be appointed by the Bovernor in consultation with the *hief &inister and the
Geader of the >pposition in the outgoing Provincial Assembly.
Provided further that the &embers of the (ederal and Provincial caretaker *abinets shall be appointed
on the advice of the caretaker Prime &inister or the caretaker *hief &inister" as the case may be.
0/71 &embers of the caretaker *abinets including the caretaker Prime &inister and the caretaker
*hief &inister and their immediate family members shall not be eligible to contest the immediately
following elections to such Assemblies.
)*+lanation,#In this clause" Iimmediate family membersI means spouse and children.8
031 When the )ational Assembly or a Provincial Assembly is dissolved" a general election to the
Assembly shall be held within a period of ninety days after the dissolution" and the results of the election
shall be declared not later than fourteen days after the conclusion of the polls.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?6" for Eclause 0/1F.
3
)ew clauses 0/A1" 0/71 and Cxplanation ins. ibid.
061 An election to fill the seats in the !enate which are to become vacant on the expiration of the term of
the members of the !enate shall be held not earlier than thirty days immediately preceding the day on
which the vacancies are due to occur.
091 When" except by dissolution of the )ational Assembly or a Provincial Assembly" a seat in any such
Assembly has become vacant not later than one hundred and twenty days before the term of that
Assembly is due to expire" an election to fill the seat shall be held within sixty days from the occurrence
of the vacancy.
0;1 When a seat in the !enate has become vacant" an election to fill the seat shall be held within thirty
days from the occurrence of the vacancy.
/
40<1 When a seat reserved for women or non&uslims in the )ational Assembly or a Provincial
Assembly falls vacant" on account of death" resignation or dis#ualification of a member" it shall
be filled by the next person in order or precedence from the party list of the candidates to be
submitted to the Clection *ommission by the Political Party whose member has vacated such
seat.8
3
L L L L L L L
((6. Ele"%!'# $!&p%e. )o election to a House or a Provincial Assembly shall be called in #uestion
except by an election petition presented to such" tribunal and in such manner as may be determined by
Act of
6
4&a$lise!hoora 0Parliament1.8
1
*((8. Ele"%!'#& %' be b7 &e"re% ball'%. All elections under the *onstitution" other than those of the
Prime &inister and a *hief &inister" shall be by secret ballot.8
/
)ew clause 0<1 ins. and shall be deemed always to have been so ins. with effect from the 3/st day of August 3AA3 by the
*onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?6.
3
*lause 0=1 stands omitted as a conse#uence 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" see section 3.
6
!ee footnote < on page ;" supra.
9
!ubs. by Act of /A of 3A/A" s. ?9" for EArticle 33<F
PART IK ISLAMIC PROEISIONS
((9. Pr',!&!'#& rela%!#) %' %he H'l7 Fra# a#$ S##ah.0/1 All existing laws shall be brought in
conformity with the %n$unctions of %slam as laid down %n the Holy 'uran and !unnah" in this Part
referred to as the %n$unctions of %slam" and no law shall be enacted which is repugnant to such"
%n$unctions.
/
4)*+lanation,#%n the application of this clause to the personal law of any &uslim sect" the expression
E'uran and !unnahF shall mean the 'uran and !unnah interpreted by the sect.8
031 Cffect shall be given to the provisions of clause 0/1 only in the manner provided in this Part.
061 )othing in this Part shall affect the personal laws of non &uslim citi+ens or their status as citi+ens.
((;. C'mp'&!%!'#5 e%".5 '- I&lam!" C'#"!l.-0/1 5here shall be constituted
3
within a period of ninety
days from the commencing day a *ouncil of %slamic %deology" in this Part referred to as the %slamic
*ouncil.
031 5he %slamic *ouncil shall consist of such members" being not less than eight and not more than
6
4twently8 as the President may appoint from amongst persons having knowledge of the principles and
philosophy of %slam as enunciated in the Holy 'uran and !unnah" or understanding of the economic"
political" legal or administrative problems of Pakistan.
061 While appointing members of the %slamic *ouncil" the President shall ensure that
0a1 so far as practicable various schools of thought are represented in the *ouncil;
0b1 not less than two of the members are persons each of whom is" . or has been a ,udge of the !upreme
*ourt or of a High *ourt;
/
Cxplanation added by the *onstitution 05hird Amdt.1 >rder" /@?A 0P.>. )o. /9 of /@?A1" Art. 3.
3
(or the notification constituting the *ouncil of %slamic %dealogy" see Ba+. of Pak." /@=9" Cxt." Pt. %%" p. /<;
(or the *ouncil of %slamic %dealogy 05erms and *onditions of &embers1 2ules" /@=9" see Ba+. of Pak" Cxt." Pt. %%" p. /=3=.
6
!ubs. by the *onstitution 0(ourth Amdt.1 >rder" /@?A 0P.>. )o. /< of /@?A1" Art. 3" for EfifteenF.
0c1 not less than
/
4>ne third8 of the members are persons each of whom has been engaged" for a period of
not less than fifteen years" in %slamic research or instruction; and
0d1 at least one member is a woman.
3
4091 5he President shall appoint one of the members referred to in paragraph 0b1 of clause 061 to be the
*hairman of the %slamic *ouncil.8
0;1 !ub$ect to clause 0<1" a member of the %slamic *ouncil shall hold office for a period of three years.
0<1 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 ma$ority of the total
membership of the %slamic *ouncil.
((<. Re-ere#"e b7 Parl!ame#%5 e%".5 %' I&lam!" C'#"!l. 5he President or the Bovernor of a Province
may" or if two fifths of its total membership so re#uires" a House or Provincial Assembly shall" refer to
the J%slamic *ouncil for advice any #uestion as to whether a proposed law is or is not repugnant to .the
%n$unctions of %slam.
(/=. F#"%!'#& '- %he I&lam!" C'#"!l.-0/1 5he functions of the %slamic *ouncil shall be
0a1 to make recommendations to
6
4&a$lise!hoora 0Parliament18 and the Provincial Assemblies as to the
ways and means of enabling and encouraging the &uslims of Pakistan to order their lives individually
and collectively in all respects in accordance with the principles and concepts of %slam as enunciated in
the Holy 'uran and !unnah;
0b1 to advise a House" a Provincial Assembly" the President or a Bovernor on any #uestion referred to the
*ouncil as to whether a proposed law is or is not repugnant to the %n$unctions of %slam;
0c1 to make recommendations as to the measures for bringing existing laws into conformity with the
%n$unctions of %slam and the stages by which such measures should be brought into effect; and
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?;" for EfourF.
3
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?3 0P.>. )o. /6 of /@?31" Art. 3" for Eclause 091F.
6
!ee footnote < on page ;" supra.
0d1 to compile in a suitable form" for the guidance of
/
4&a$lise!hoora 0Parliament18 and "the Provincial
Assemblies" such %n$unctions of %slam as can be given legislative effect.
031 When" under Article 33@" a #uestion is referred by a House" a Provincial Assembly" the President or a
Bovernor to the %slamic *ouncil" the *ouncil shall" within fifteen days thereof" inform the House" the
Assembly" the President or the Bovernor" as the case may be" of the period .within which the *ouncil
expects to be able to furnish that advice.
061 Where a House" a Provincial Assembly" the President or the Bovernor" as the case may be" considers
that" in the public interest" the making of the proposed law in relation to which the #uestion arose should
not be postponed until the advice of the %slamic *ouncil is furnished" the law may be made before the
advice is furnished:
Provided that" where a law is referred for advice to the %slamic *ouncil and the *ouncil advises that the
law is repugnant to the %n$unctions of %slam" the House or; as the case may be" the Provincial Assembly"
the President or the Bovernor shall reconsider the law so made.
091 5he %slamic *ouncil shall submit its final report within seven years of its appointment" and shall
submit an annual interim report. 5he report" whether interim or final" shall be laid for discussion before
both Houses and each Provincial Assembly within six months of its receipt" and
/
4&a$lise!hoora
0Parliament18 and the Assembly" after considering the report" shall enact laws in respect thereof within a
period of two years of the final report.
(/1. Rle& '- pr'"e$re. 5he proceedings of the %slamic *ouncil shall be regulated by rules of
procedure
3
to be made by the *ouncil with the approval of the President.
/
!ee footnote < on page ;" supra.
3
(or the *ouncil of %slamic %deology 0Procedure 2ules1" /@=9" see Ba+. of Pak." /@=9" Cxt." Pt. %%" pp. ==/==6.
PART K EMER:ENCY PROEISIONS
(/(. Pr'"lama%!'# '- emer)e#"7 '# a""'#% '- 4ar5 !#%er#al $!&%rba#"e5 e%".-0/1 %f the President is
satisfied that a grave emergency exists in which the security of Pakistan" or any part thereof" is
threatened by war or external aggression" or by internal disturbance beyond the power of a Provincial
Bovernment to control" he may issue a Proclamation of Cmergency.
/
4:8
3
4Provided that for imposition of emergency due to internal disturbances beyond the powers of a
Provincial Bovernment to control" a resolution from the Provincial Assembly of that Province shall be
re#uired.
Provided further that if the President acts on his own" the Proclamation of Cmergency shall be placed
before both Houses of &a$lise!hoora 0Parliament1 for approval by each House within ten days.8
031 )otwithstanding anything in the *onstitution" while a Proclamation of Cmergency is in force"
6
40a1 &a$lise!hoora 0Parliament1 shall have power to make laws for a Province" or any part thereof"
with respect to any matter enumerated in Part %% of the (ederal Gegislative Gist or the *oncurrent
Gegislative Gist or with respect to any matter not enumerated in either of those Gists" as if it were a
matter specified in Part % of the (ederal Gegislative Gist
9
L L L
0b1 the executive authority of the (ederation shall extend to the giving of directions to a Province as to
the manner in which the executive authority "of the Province is to be exercised; and
0c1 the (ederal Bovernment may by
;
>rder assume to itself" or direct the Bovernor of a Province to
assume on behalf of the (ederal Bovernment" all or any of the functions of the Bovernment of the
Province" and all or any of the powers vested in" or exercisable by; any body or authority in the Province
other than the Provincial Assembly" and make such incidental and conse#uential provisions as appear to
the (ederal Bovernment to be necessary or desirable for giving effect to the ob$ects of the Proclamation"
including provisions for suspending" in whole or in part" the operation of any provisions of the
*onstitution relating to any body or authority in the Province:
Provided that nothing in paragraph 0c1 shall authorise the (ederal Bovernment to assume to itself" or
direct the Bovernor of the Province to assume on its behalf" any of the powers vested in or exercisable
by a High *ourt" or to suspend either in whole or in part the operation of any provisions of the
*onstitution relating to High *ourts.
061 5he power of
/
4&a$lise!hoora 0Parliament18 to make laws for a Province with respect to any matter
shall include power to make laws conferring powers and imposing duties" or authori+ing the conferring
of powers and the imposition of duties upon the (ederation" or officers and authorities of the (ederation"
as respects that matter.
091 )othing in this Article shall restrict the power of a Provincial Assembly to make any law which
under the *onstitution it has power to make" but if any provision of a Provincial law is repugnant to any
provision of an Act of &a$lise!hoora 0Parliament1 which &a$lise!hoora 0Parliament1 has under this
Article power to make" the Act of Parliament" whether passed before or after the Provincial law" shall
prevail and the Provincial law shall" to the extent of the repugnancy" but so long only as the Act of
&a$lise!hoora 0Parliament1 continues to have effect" be void.
0;1 A law made by &a$lise!hoora 0Parliament1" which Parliament would not but for the issue of a
Proclamation of Cmergency have been competent to make" shall" to the extentJ of the incompetency"
cease to have effect on the expiration of a period of six months after the Proclamation of Cmergency has
ceased to be in force" except as respects things done or omitted to be done before the expiration of the
said period.
0<1 While a Proclamation of Cmergency is in force" Parliament may by law extend the term of the
)ational 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.
0=1 A Proclamation of Cmergency shall be laid before a $oint sitting which shall be summoned by the
President to meet within thirty days of the Proclamation being issued and
0a1 shall cease to be in force at the expiration of two months unless before the expiration of that period it
/
!ee footnote < on page ;" supra.
has been approved by a resolution
/
of the $oint sitting; and
3
40b1 shall" sub$ect to the has been approved by a resolution of the $oint sitting; and provisions of
paragraph 0a1" cease to be in force upon a resolution disapproving the proclamation being passed by the
votes of the ma$ority of the total membership of the two Houses in $oint sitting.8
0?1 )otwithstanding anything contained in clause 0=1" if the )ational Assembly stands dissolved at the
time when a Proclamation of Cmergency is issued" the Proclamation shall continue in force for a period
of four months but" if a general election to the Assembly is not held before the expiration of that period"
it shall cease to be in force at the expiration of that period unless it has earlier been approved by a
resolution of the !enate.
(//. P'4er %' &&pe#$ F#$ame#%al R!)h%&5 e%".5 $r!#) emer)e#"75 per!'$.-0/1 )othing contained
in Articles /;" /<" /=" /?" /@ and 39 shall" while a Proclamation of Cmergency is in force" restrict the
power of the !tate as defined in Article = 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.
/5he $oint sitting passed the following resolution on the ;
th
!eptember" /@=6:
E5hat the $oint sitting approves under clause 0=1 of Art. 363 of the *onstitution read with Art.
3?A thereof" the Proclamation of Cmergency issued on the 36
rd
day of )ovember" /@=/" and the
continuance in force the said Proclamation for the period of six months following the expiration of the
period mentioned in paragraph 0a1 of the said clause 0=1.F
/
5he $oint sitting passed the following resolution on /A</@@?.
E5hat the $oint sitting approve under clause 0=1 of Article 363 of the *onstitution the Proclamation of Cmergency issued by the
President on the 3?th &ay" /@@?" under clause 0/1 of Article 363 of the *onstitution.F !ee Ba+. of Pak. /@@? Cxt." Pt. %%%" p. <9=.
3
!ubs. by the *onstitution 05hird Amdt.1 Act" /@=;" 033 of /@=;1" s. 6 for original paragraph 0b1 0w.e.f. the /6th (ebruary" /@=;1"
which reads as follows:
E0b1 may by resolution of a $oint sitting" be continued in force for a period not exceeding six months at a time.F
(or resolutions under original paragraph 0b1 approving the continuance in force of the Proclamation of Cmergency" see Ba+. of Pak."
/@=9" Cxt." Pt. %%%" p" 696" and ibid." p. //?6.
031 While a Proclamation of Cmergency is in force" the President may" by >rder"
/
declare that the right to
move any *ourt for the enforcement of such of the (undamental 2ights conferred by *hapter / of Part %%
as may be specified in the >rder" and any proceeding in any *ourt which is for the enforcement" or
involves the determination of any #uestion as to the infringement" of any of the 2ights so specified" shall
remain suspended for the period during which the Proclamation is in force" and any such >rder may be
made in respect of the whole or any part of Pakistan.
061 Cvery >rder made under this Article shall" as soon as may be" be laid before
3
4both Houses of &a$lis
e!hoora 0Parliament1 separately8 for approval
6
and the provisions of clauses 0=1 and 0?1 of Article 363
shall apply to such an >rder as they apply to a Proclamation of Cmergency.
(/1. P'4er %' !&&e Pr'"lama%!'# !# "a&e '- -a!lre '- C'#&%!%%!'#al ma"h!#er7 !# a Pr',!#"e.0/1
%f the President" on receipt of a report from the Bovernor of a Province 9L L L is satisfied that a situation
has arisen in which the Bovernment of the Province cannot be carried on in accordance with the
provisions of the *onstitution" the President may" or if a resolution in this behalf is passed
;
4by each
house separately8 shall" by Proclamation"
0a1 assume to himself" or direct the Bovernor of the Province to assume on behalf of the President" all or
any of the functions of the Bovernment of the Province" and all or any of the powers vested in" or
exercisable by" anybody or authority in the Province" other than the Provincial Assembly;
/
5he >rder suspending the right to move any court for the enforcement of certain (undamental 2ights issued vide see Ba+. of Pak."
/@=6" Cxt." Pt. %" p. <A3" has been rescinded by !.2.>. /A@60%1D=9" see Ba+. of Pak. /@=9" Cxt. Pt. %%" p. /;9?.
3
!ubs. the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?= for Ea $oint sittingF.
6
(or the >rder issued on 3?;/@@? suspending of (undamental 2ights" 0!ee )otifications )o. =6D@?&in. %" dated3?;/@@?" Ba+.
of Pak." /@@? Part %" Page 6/1.
5he $oint sitting passed the following resolution on the <th !eptember" /@=6:
E5hat the $oint sitting approves under clause 0=1 of Article 363 if the *onstitution" read with clause 061 of Article 366 thereof" the
PresidentKs >rder of the /9th August" /@=6" made under clause 031 of the said Art. 366 and the continuance in force of the said >rder for the
period of six months following the expiration of the period mentioned in paragraph 0a1 of the said clause 0=1 of Art. 363.F
(or resolution approving the continuance in force of the PresidentKs >rder of the /9th August" /@=6" for a further period of six
months" see Ba+. of Pak." /@=9 Cxt." Pt. %%%" p. 696
5he $oint sitting passed the following resolution on /A</@@?.
E5hat the $oint sitting approves the >rder made by the President on the 3?th &ay" /@@?" under clause 031 of Article 366 of the
*onstitution. Esee Ba+. of Pak. /@@?" Part %%%" p. <9=.
9
5he words Eor otherwiseK omitted by Act )>. /A of 3A/A" s" ??.
;
!ubs. ibid." Eat a $oint sittingF.
0b1 declare that the powers of the Provincial Assembly shall be "exercisable by" or under the authority of"
/
4&a$lise!hoora 0Parliament18; and
0c1 make such incidental and conse#uential provisions as appear to the President to be necessary or
desirable for giving effect to the ob$ects of the Proclamation" including provisions for suspending in
whole or in part the operation of any provisions of the *onstitution relating to any body or authority in
the Province:
Provided that nothing in this Article shall authorise the President to assume to himself" or direct the
Bovernor of the Province to assume on his behalf" any of the powers vested in" or exercisable by" a High
*ourt" or to suspend either in whole or in part the operation of any provisions of the *onstitution relating
to High *ourts.
031 5he provisions of Article /A; shall not apply to the discharge by the Bovernor of his functions under
clause 0/1.
061 A Proclamation issued under this Article shall be laid before a $oint 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 $oint sitting and may by like resolution be extended for a further period not exceeding
two months at a time; but no such Proclamation shall in any case remain in force for more than six
months.
091 )otwithstanding anything contained in clause 061" if the )ational Assembly stands dissolved at the
time when a Proclamation is issued under this Article" the Proclamation shall continue in force for a
period of three months but" if a general election to the Assembly is not held.I before the expiration of
that period" it shall cease to be in force at the expiration of that period unless it has earlier been approved
by a resolution of the !enate.
0;1 Where by a Proclamation issued under this Article it has been declared that the powers of the
Provincial Assembly shall be exercisable by or under the authority of
/
4&a$lise!hoora 0Parliament18" it
shall be competent
/
!ee footnote < on page ;" supra.
0a1 to
/Q
4&a$lise!hoora 0Parliament18 in $oint sitting to confer on the President the power to make laws
with respect to any matter within the legislative competence of the Provincial Assembly;
0b1 to
/
4&a$lise!hoora 0Parliament18 in $oint sitting" or the President" when he is empowered under
paragraph 0a1" to make laws conferring powers and imposing duties" or authorising the conferring of
powers and the imposition of duties" upon the (ederation" or officers and authorities thereof;.
0c1 to the President" when
/
4&a$lise!hoora 0Parliament18 is not in session" to authorise expenditure
from the Provincial *onsolidated (und" whether the expenditure is charged by the *onstitution upon that
(und or not" pending the sanction of such expenditure by &a$lise!hoora 0Parliament1 in $oint sitting;
and
0d1 to
/
4&a$lise!hoora 0Parliament18 in $oint sitting by resolution to sanction expenditure authorised by
the President under paragraph 0c1.
0<1 Any law made by
/
4&a$lise!hoora 0Parliament18 or the President which
/
&a$lise!hoora
0parliament18 or the president would not" but for the issue of the proclamation under this article"
have been competent to make" shall" to the extent of the incompetency" cease to have effect on
the expiration of a period of six month after the proclamation under this Article has ceased to be
in force" except as to things" done or omitted to be done before in expiration of the said period
(/6. Pr'"lama%!'# !# "a&e '- -!#a#"!al emer)e#"7.0/1 %f 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 Bovernors of the Provinces or" as the case may be" the
Bovernor 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 (ederation 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
/
!ee footnote < on page ;" supra.
of the economic life" financial stability or credit of Pakistan or any part thereof.
031 )otwithstanding anything in the *onstitution" any such directions may include a provision re#uiring
a reduction of the salary and allowances" of all or any class of persons serving in connection with the
affairs of a province.
061 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 (ederation.
091 5he provisions of clauses 061 and 091 of Article 369 shall apply to a. Proclamation issued under this
Article as they apply to a Proclamation issued under that Article.
(/8. Re,'"a%!'# '- Pr'"lama%!'#5 e%".0/1 A Proclamation issued under this Part may be varied or
revoked by a subse#uent Proclamation.
031 5he validity of any Proclamation issued or >rder made under this part shall not be called in #uestion
in any *ourt.
(/9. Parl!ame#% ma7 maAe la4& '- !#$em#!%75 e%". )othing %n the *onstitution shall prevent
Parliament from making any law indemnifying any person in the service of the (ederal Bovernment or a
Provincial Bovernment" or any other person" in respect of any act done in connection with the
maintenance or restoration of order in any area in Pakistan.
LLLLLLL
/
!ee footnote < on page ;" supra.
PART KI. AMENDMENT OF CONSTITUTION
(/;. Ame#$me#% '- C'#&%!%%!'#. !ub$ect to" this Part" the *onstitution may be amended by Act of
/
4&a$lise!hoora 0Parliament18.
(
*(/<. C'#&%!%%!'# ame#$me#% B!ll.-0/1 A 7ill to amend the *onstitution may originate in either
House and" when the 7ill has been passed by the votes of not less than twothirds of the total
membership of the House" it shall be transmitted to the other House.
031 %f the 7ill is passed without amendment by the votes of not less than twothirds of the total
membership of the House to which it is transmitted under clause 0/1" it shall" sub$ect to the provisions of
clause 091" be presented to the President for assent.
061 %f the 7ill is passed with amendment by the votes of not less than twothirds of the total
membership of the House to which it is transmitted under clause 0/1" it shall be reconsidered by
the House in which it had originated" and if the 7ill as amended by the former House is passed by
the latter by the votes of not less than twothirds of its total membership it shall" sub$ect to the
provisions of clause 091" be presented to the President for assent.
091 A 7ill to amend the *onstitution 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 twothirds of its total membership.
0;1 )o amendment of the *onstitution shall be called in #uestion in any court on any ground
whatsoever.
0<1 (or the removal of doubt" it is hereby declared that there iP no limitation whatever on the power of
the &a$lise!hoora 0Parliament1 to amend any of the provisions of the *onstitution.8
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 0!econd Amdt.1 >rder" /@?; 0P.>. )o. 3A of /@?;1" Art. 6" for Article 36@" which was previously subs. by
P.>. )o. /9 of /@?;" Art. 3 and !ch." for Ethe original Article 36@.F
PART KII
MISCELLANEOUS
CHAPTER 1.-SEREICES
(1=. App'!#%me#%& %' &er,!"e '- PaA!&%a# a#$ "'#$!%!'#& '- &er,!"e- !ub$ect to the
*onstitution" the appointments to and the conditions of service of persons in the service of
Pakistan shall be determined
0a1 in the case of the services of the (ederation" posts in connection with the affairs of the (ederation and
All Pakistan !ervices" by or under Act of
/
4&a$lise!hoora 0Parliament18 ; and
0b1 in the case of the services of a Province and posts in connection with the affairs of a Province" by or
under Act of the Provincial Assembly.
Cxplanation. %n this Article" IAll Pakistan !erviceI means a service .common to the (ederation and the
Provinces" which was in existence immediately before the commencing day or which may be created by
Act of
/
4&a$lise!hoora 0Parliament18;
(11. E0!&%!#) rle&5 e%". %' "'#%!#e.- Until the appropriate Gegislature makes a law under Article 39A"
all rules and orders in force immediately before the commencing day shall" so far as consistent with the
provisions of the *onstitution" continue in force and may be amended from time to time "by the (ederal
Bovernment or" as the case may be" the Provincial Bovernment.
(1(. Pbl!" Ser,!"e C'mm!&&!'#.0/1
/
4&a$lise!hoora 0Parliament18 in relation to the affairs of the
(ederation" and the Provincial Assembly of a Province in .relation to the affairs of the Province" may" by
law" provide for the establishment and constitution of a Public !ervice *ommission.
3
40/A1. 5he *hairman of the Public !ervice *ommission constituted in relation to the affairs of the
(ederation shall be appointed by the President
6
4on the advice of the Prime &inister.88
9
40/71. 5he *hairman of the Public !ervice *ommission constituted in relation to affairs of a Province
shall be appointed by the Bovernor on advice of the *hief &inister8
/
!ee footnote < on page ;" supra.
3
%ns. by P.>. /9 of /@?;" Art. 3 and sch.
6
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. ?@ for Ein his discretionF.
9
)ew clause 0/71 ins. ibid.
031 A Public !ervice *ommission shall perform such functions as may be prescribed by law.
CHAPTER (.-ARMED FORCES
1
*(1/. C'mma#$ '- Arme$ F'r"e&.0/1 5he (ederal Bovernment shall have control and command of
the Armed (orces.
031. Without pre$udice to the generally of the foregoing provision" the !upreme *ommand of the Armed
(orces shall vest in the President.
0615he President shall sub$ect to law" have power
0a1 to raise and maintain the &ilitary" )aval and Air (orces of JPakistan; and the 2eserves of such
(orces;
0b1 to grant *ommissions in such (orces.
091 the President shall on advice of the Prime &inister appoint:
0a1. the *hairman" ,oint *hiefs of !taff *ommittee;
0b1 the *hief of the Army !taff;
0c1 the *hief of the )aval !taff; and
0d1 the *hief of the Air !taff"
and shall also determine their salaries and allowances.8
(11. Oa%h '- Arme$ F'r"e&.- Cvery member of the Armed (orces "shall make oath in the form set out
in the 5hird !chedule.
(16. F#"%!'#& '- Arme$ F'r"e&.
3
40/18 5he Armed (orces shall" under the directions of the (ederal
Bovernment" defend Pakistan against external :aggression or threat of war" and" sub$ect to law" act in aid
of civil power when called upon to do so.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @A for EArticle 396F.
3
2enumbered as clause 0/1 by the *onstitution 0!eventh Amdt.1 Act" /@== 036 of /@==1" s. 9. 0w.e.f. the 3/st April" /@==1.
/
4031 the validity of any direction issued by the (ederal Bovernment under clause 0/1 shall not called in
#uestion in any court
061 A High *ourt shall not exercise any $urisdiction under Article /@@ in relation to any area in which
the Armed (orces of Pakistan are" for the time being" acting in aid of civil power in pursuance of Article
39;:
Provided that this clause shall not be deemed to affect the $urisdiction of the High *ourt in respect of any
proceedings pending immediately before the day on which the Armed (orces start acting in aid of civil
power.
091 Any proceedings in relation to an area referred to in clause 061 instituted on or after the day the
Armed (orces start acting in aid of civil power and pending in any High *ourt shall remain suspended
for the period during which the Armed (orces are so acting.8
Chap%er /. Tr!bal Area&
(18. Tr!bal Area&.- %n the *onstitution"
0a1 I5ribal AreasI means the areas in Pakistan which" immediately before the commencing day" were
5ribal Areas" and includes
0i1 the 5ribal Areas of
3
47alochistan8 and the
6
4:hyber Pakhtunkhwa8
9
L
0ii1 the former !tates of Amb" *hitral" -ir and !wat ;
;
40iii1 5ribal areas ad$oining Gakki &arwat -istrick;
And
0iv1 5ribal Areas ad$oining 5ank -istrict;8
0b1 IProvincially Administered 5ribal AreasI means
0i1 the districts of *hitral" -ir and !wat 0which includes :alam1"
<
4the 5ribal Area in :ohistan district"8
&alakand Protected Area" the 5ribal Area ad$oining
=
4&ansehra8 district and the former !tate of Amb ;
and
/Added by the *onstitution 0!eventh Amdt.1 Act" /@== 036 of /@==1" s. 9 0w.e.f. the 3/st April" /@==1
3!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @/" for E7aluchistanF.
6!ubs. ibid." for E)orthWest(rontierF.
95he word Eand E omitted ibid.
;)ew subparagraphs 0iii1 and 0iv1 ins. ibid.
<%ns. and shall be deemed to have been so ins. by the *onstitution 0!ixth Amdt.1 Act" /@=< 0?9 of /@=<1" s. 9" 0w.e.f. the /st >ctober"
/@=<1
=!ubs. and shall be deemed to have been so subs. ibid" for EHa+araF.
0ii1 Uhob -istrict" Goralai -istrict 0excluding -uki 5ehail1" -albandin 5ehsil of *hagai district and
&arri and 7ugti tribal territories of !ibi .district; and
0c1 I(ederally Administered 5ribal AreasI includes
0i1 5ribal Areas ad$oining Peshawar -istrict ;
0ii1 5ribal Areas ad$oining :ohat -istrict ;
0iii1 5ribal Areas ad$oining 7annu -istrict ;
0iv1 5ribal Areas ad$oining -era %smail :han -istrict ;
/
40v1 7a$aur in &alakand Agency ;
0va1 >rak+ai Agency;8
0vi1 &ohmand Agency ;
0vii1 :hyber Agency ;
0viii1 :urram Agency ;
0ix1 )orth Wa+iristan Agency; and
0x1 !outh Wa+iristan Agency.
(19. A$m!#!&%ra%!'# '- Tr!bal Area&.-0/1 !ub$ect to the *onstitution" the executive authority of the
(ederation shall extend to the (ederally .Administered 5ribal Areas" and the executive authority of a
Province shall .extend to the Provincially Administered 5ribal Areas therein.
031 5he President may" from time to time" give such directions to the Bovernor of a Province relating to
the whole or any part of a 5ribal Area within the Province as he may deem necessary" and the Bovernor
shall" in the exercise of his functions under this Article" comply with such directions.
/
!ubs. and shall be deemed to have been so subs. by the *onstitution 0!ixth Amdt.1 Act" /@=< 0?9 of /@=<1. !. 9" for the Eoriginal
subparagraph 0v1"F 0w.e.f. the /
st
-ecember" /@=61.
061 )o Act of Parliament shall apply to any (ederally Administered 5ribal Area or to any part thereof"
unless the President so directs" and no Act of
/
4&a$lise!hoora 0Parliament18 or a Provincial Assembly
shall apply to a Provincially Administered 5ribal Area" or to any part thereof" unless the Bovernor of the
Province in which the 5ribal 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 Bovernor" may direct
that the law shall" in its application to a 5ribal Area" or to a specified part thereof" have effect sub$ect to
such exceptions and modifications as may be specified in the direction.
091 )otwithstanding anything contained in the *onstitution" the President may" with respect to any
matter within the legislative competence of
/
4&a$lise!hoora 0Parliament18" and the Bovernor 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 5ribal Area or any part thereof" situated in the Province.
0;1 )otwithstanding anything contained in the *onstitution" the President may" with respect to any
matter" make regulations for the peace and good government of a (ederally Administered 5ribal Area or
any part thereof.
0<1 5he President may" at any time" by >rder" direct that the whole or any part of a 5ribal Area shall
cease to be 5ribal Area" and such >rder may contain such incidental and conse#uential provisions as
appear to the President to be necessary and proper:
Provided that before making any >rder under this clause" the President shall ascertain" in such manner as
he considers appropriate" the views of the people of the 5ribal Area concerned" as represented in tribal
.ir;a.
0=1 )either the !upreme *ourt nor a High *ourt shall exercise any $urisdiction under the *onstitution in
relation to a 5ribal Area" unless
/
4&a$lise!hoora 0Parliament18 by law otherwise provides;
Provided that nothing in this clause shall affect the $urisdiction which the !upreme *ourt or a High
*ourt exercised in relation to a 5ribal Area immediately before the commencing day.
/
!ee footnote < on page ;" supra.
(1;. Pr'%e"%!'# %' Pre&!$e#%5 :',er#'r5 M!#!&%er e%".0/1 5he President" a Bovernor" the Prime
&inister" a (ederal &inister" a &inister of !tate" the *hief &inister and a Provincial &inister shall not
be answerable to any *ourt 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 (ederation or a Province.
031 )o criminal proceedings whatsoever shall be instituted or continued" against the President or a
Bovernor in any *ourt during his term of office.
061 )o process for the arrest or imprisonment of the President or a. Bovernor shall issue from any *ourt
during his term of office.
091 )o civil proceedings in which relief is claimed against the President or a Bovernor shall be instituted
during his term of office in respect of anything done 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.
(1<. Le)al pr'"ee$!#)&.-0/1 Any legal proceedings which" but for the: *onstitution" could have been
brought by or against the (ederation in respect of a matter which" immediately before the commencing
day" was the responsibility of the (ederation and has" under the *onstitution" become the responsibility
of a Province" shall be brought by or against the province concerned ; and if any such legal proceedings
were pending in any *ourt immediately before the commencing day then" in those proceedings" for the
(ederation the Province concerned shall" as from that day" be deemed to have been substituted.
031 Any legal proceedings which" but for the *onstitution" could have been brought by or against a
Province in respect of a matter which immediately before the commencing day" was the responsibility of
the. Province and has under the *onstitution become the responsibility of the (ederation" shall be
brought by or against the (ederation ; and if any such legal proceedings were pending in any *ourt
immediately before the commencing day then" in those proceedings" for the Province the (ederation"
shall" as from that day" be deemed to have been substituted.
(6=. Salar!e&5 all'4a#"e&5 e%".5 '- %he Pre&!$e#%5 e%".0/1 Within two years from the commencing day"
provision shall be made by law for determining the salaries" allowances and privileges of the President"
the !peaker and -eputy !peaker and a member of the )ational Assembly or a Provincial Assembly" the
*hairman and -eputy *hairman and a member of the !enate" the Prime &inister" a (ederal &inister" a
&inister of !tate" a Bovernor" a *hief &inister" a Provincial &inister and the *hief Clection
*ommissioner.
031 Until other provision is made by law"
0a1 the salaries" allowances and privileges of the President" the !peaker or -eputy !peaker or a member
of the )ational Assembly or a Provincial Assembly" a (ederal &inister" a &inister of !tate" a Bovernor"
a *hief &inister" a Provincial &inister and the *hief Clection *ommissioner shall be the same as the
salaries" allowances and privileges to which the President" the !peaker or -eputy !peaker or member of
the )ational Assembly of Pakistan or a Provincial Assembly" a (ederal &inister" a &inister of !tate"
/
L L
a Bovernor" a *hief &inister" a Provincial &inister or" as the case may be" the *hief Clection
*ommissioner was entitled immediately before the commencing day ; and
0b1 the salaries" allowances and privileges of the *hairman" the -eputy *hairman" the Prime &inister
and a member of the !enate shall be such as the President may by >rder determine.
/
5he words and comma Ea Bovernor.K >mitted by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /6 0w.e.f. the 9
th
&ay"
/@=91.
061 5he salary" allowances and privileges of a person holding office as
0a1 5he President;
0b1 5he *hairman or -eputy *hairman;
0c1 5he !peaker or -eputy !peaker of the )ational Assembly or a Provincial Assembly;
0d1 a Bovernor;
0e1 5he *hief Clection *ommissioner; or
0f.1 the Auditor Beneral;
!hall not be varied to his disadvantage during his term of office.
091 At any time when the *hairman or !peaker is acting as President he shall be entitled to the same
salary" allowances and privileges as a President but shall not exercise any of the functions of the office
of *hairman or !peaker or a member of
/
4&a$lise!hoora 0Parliament18 or be entitled to salary"
allowances or privileges as *hairman" !peaker or such a member.
(61. Na%!'#al la#)a)e.-0l1 5he )ational language of Pakistan is Urdu" and arrangements shall be made
for its being used for official and other purposes within fifteen years from the commencing day.
031 !ub$ect to clause 0/1" the Cnglish language may be used for official purposes until arrangements are
made for its replacement by Urdu.
061 Without pre$udice to the status of the national language" a Provincial Assembly may by law prescribe
measures for the teaching" promotion and use of a provincial language in addition to the national
language.
(6(. Spe"!al pr',!&!'#& !# rela%!'# %' ma+'r p'r%& a#$ aer'$r'me&.0/1 )otwithstanding anything
contained in the *onstitution or in any law" the President may" by public notification" direct that" for a
period not exceeding three months from a specified date" a specified law" whether a (ederal law or a
Provincial law" shall not apply to a specified ma$or port or ma$or aerodrome" or shall apply to a specified
ma$or port or ma$or aerodrome sub$ect to specified exceptions or modifications.
/
!ee footnote < on page ;" supra.
031 5he 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.
(6/. Ma0!mm l!m!%& a& %' pr'per%75 e%". 0/1
/
4&a$lise!hoora 0Parliament18 may by law
0a1 prescribe the maximum limits as to property or any class thereof which may be owned" held"
possessed or controlled by any person ; and
0b1 declare that any trade" business" industry or service specified Sn such law shall be carried on or
owned" to the exclusion" complete or partial" of other persons" by the (ederal Bovernment or a Provincial
Bovernment" or by a corporation controlled by any such Bovernment.
031 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.
(61. Fa!lre %' "'mpl7 4!%h re>!reme#% a& %' %!me $'e& #'% re#$er a# a"% !#,al!$. When any act or
thing is re#uired by the *onstitution 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.
(66. Oa%h '- '--!"e.0/1 An oath re#uired to be made by a person under the *onstitution shall
3
4preferably be made in Urdu or8 a language that is understood by that person.
031 Where" under the *onstitution" an oath is re#uired 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.
061 Where" under the *onstitution" a person is re#uired 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.
/
!ee footnote < on page ;" supra.
3
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for Eb made inF.
3;<. Pr!,a%e arm7J& -'rb!$$e#. )o private organisation capable of functioning as a military
organisation shall be formed" and any such organisation shall be illegal.
(69. Pr',!&!'# rela%!#) %' %he S%a%e '- Bamm a#$ Ka&hm!r.- When the people of the !tate of ,ammu
and :ashmir decide to accede to Pakistan" the relationship between Pakistan and that !tate shall be
determined in accordance with the wishes of the people of that !tate.
(6;. :',er#me#% '- %err!%'r!e& '%&!$e Pr',!#"e&. !ub$ect to the *onstitution" until
/
4&a$lise!hoora
0Parliament18 by law otherwise provides" the President may" by order" make provision for peace and
good government of any part of Pakistan not forming part of a Province.
(6<. A4ar$&. 0/1 )o citi+en shall accept any title" honour or decoration from any foreign !tate except
with the approval of the (ederal Bovernment.
031 )o title" honour or decoration shall be conferred by the (ederal Bovernment or any Provincial
Bovernment on any citi+en" but the President may award decorations in recognition of gallantry
3
4"meritorious service in the Armed (orces8
6
4"academic distinction or distinction in the field of sports or
nursing8" as provided by (ederal law.
061 All titles" honours and decorations awarded to citi+ens by any authority in Pakistan before the
commencing day otherwise than in recognition of gallantry
9
4 "meritorious service in the Armed
(orces8or academic distinction shall stand annulled.
CHAPTER 6.-INTERPRETATION
(8=. De-!#!%!'#&. 0/1 %n the *onstitution" unless the context otherwise re#uires" the following
expressions have the meaning hereby respectively assigned to them" that is to say"
IAct of
/
4&a$lise!hoora 0Parliament18 means an Act passed by
/
4&a$lise!hoora 0Parliament18 or the
)ational Assembly and
/
!ee footnote < on page ;" supra.
3
%ns. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /9" 0w.e.f. the 9th &ay" /@=91.
6
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?/ 0P.>. )o. /3 of /@?/1" Art. 3" for Eor academic distinctionF"
9
%ns. and shall be deemed always to have been so ins. by Act" 66 of /@=9" s. /9" 0w.e.f. the 9th &ay" /@=91.
assented to" or deemed to have been assented to" by the President;
IAct of Provincial AssemblyI means an Act passed by the Provincial Assembly of a Province and
assented to" or deemed to have been assented to" by the Bovernor;
IAgricultural incomeI means agricultural income as defined for the purposes of the law relating to
income tax;
IArticleI means Article of the *onstitution;
I7orrowI includes the raising of money by the grant of annuities" and IloansI shall be construed
accordingly;
I*hairmanI means the *hairman of the !enate and" except in Article 9@" includes a person acing as
*hairman of the !enate;
/
4E*hief ,usticeF" in relation to the !upreme *ourt or a High *ourt" includes the ,udge for the time being
acting as *hief ,ustice of the *ourt;8
I*iti+enI means a citi+en of Pakistan as defined by law;
QI*lauseI means clause of the Article in which it occurs;
3
L L L L L L L
I*orporation taxI means any tax on income that is payable by companies and in respect of which the
following conditions apply:
0a1 5he tax is not chargeable in respect of agricultural income;
0b1 )o deduction in respect of the tax paid by companies" is" by any law which may apply to the tax"
authorised to be made from dividends payable by the companies to individuals ;
/
%ns. by the *onstitution 0(irst Amdt.1 Act" /@=9 0666 of /@=91" s. /;.
3
5he Edefinition of Cxpression consultationF omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @3.
0c1 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 ;
I-ebtI includes any liability in respect of any obligation to repay capital sums by way of annuities and
any liability under any guarantee and Idebt chargesI shall be construed accordingly;
ICstate dutyI means a duty assessed on" or by reference to" the value of property passing upon death;
ICxisting lawI has the same meaning as in clause 0=1 of Article 3<?;
I(ederal lawI means a law made by or under the authority of
/
4&a$lise!hoora 0Parliament18;
I(inancial yearI means a year commencing on the first day of ,uly;
IBoodsI includes all materials" commodities and articles;
IBovernorI means the Bovernor of a Province and includes any person for the time being acting as the
Bovernor of a Province;
IBuaranteeI 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 ;
IHouseI means the !enate or the )ational Assembly;
I,oint sittingI means a $oint sitting of the two Houses ;
I,udgeI in relation to the !upreme *ourt or a High *ourt" includes the *hief ,ustice of the *ourt and
also includes
0a1 in relation to the !upreme; *ourt" a person who is acting as a ,udge of the *ourt ; and
/
!ee footnote < on page ;" supra.
0b1 %n relation to the High *ourt" a person who is an Additional ,udge of the *ourt ;
I&embers of the Armed (orcesI does not include persons who are not" for the time being" sub$ect to any
law relating to the members of the Armed (orces;
I)et proceedsI means" in relation to any tax or duty" the proceeds thereof" reduced by the cost of
collection" as ascertained and certified by the Auditor Beneral;
I>athI includes affirmation;
IPartI means Part of the *onstitution;
IpensionI 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 ;
IPersonI includes any body politic or corporate ;
IPresidentI 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 re#uired to be done
under the *onstitution before the commencing day" the President under the %nterim *onstitution of the
%slamic 2epublic of Pakistan ;
IPropertyI includes any right" title or interest in property" movable or immovable" and any means and
instruments of production;
IProvincial lawI means a law made by or under the authority of the Provincial Assembly;
I2emunerationI includes salary and pension ;
I!cheduleI means !chedule to the *onstitution;
I!ecurity of PakistanI includes the safety" welfare" stability and integrity of Pakistan and of each part of
Pakistan" but shall not include public safety as such;
Iservice of PakistanI means any service" post or office in connection with the affairs of the (ederation or
of a Province" and includes an All Pakistan !ervice" service in the Armed (orces and any other service
declared to be a service of Pakistan by or under Act of
/
4&a$lise!hoora 0Parliament18 or of a Provincial
Assembly" but does not include service as !peaker" -eputy !peaker" *hairman" -eputy *hairman" Prime
&inister" (ederal &inister" &inister of !tate" *hief &inister" Provincial &inister"
3
4AttorneyBeneral"
6
4Advocate Beneral"8 Parliamentary !ecretary8 or
9
4*hairman or member of a Gaw commission"
*hairman or member of the *ouncil of %slamic %deology" !pecial Assistant to the Prime &inister"
Adviser to the Prime &inister" !pecial Assistant to a *hief &inister" Adviser to a *hief &inister8 or
member of a House or a Provincial Assembly ;
I!peakerI means the !peaker of the )ational Assembly or a Provincial .Assembly" and includes any
person acting as the !peaker of the Assembly;
I5axationI includes the imposition of any tax or duty" whether general" local or special" and ItaxI shall
be construed accordingly;
I5ax on incomeI includes a tax in the nature of an excess profits tax or: a business profits tax.
/
!ee footnote < on page ;" supra.
3
%ns. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /;" 0w.e.f. the 9th &ay" /@=91
6
%ns. by the *onstitution 0(ifth Amdt.A Act" /@=< 0<3 of /@=<1" s. /<. 0w.e.f. the /6th !eptember" /@=<1.
9
%ns. by the *onstitution 0!ixth Amdt.1 Act" /@=< 0?9 of /@=<1" s. ;" 0w.e.f. the 6/st -ecember" /@=<1.
031 %n the *onstitution IAct of
/
4&a$lise!hoora 0Parliament18I or I(ederal lawI or IAct of Provincial
AssemblyI or IProvincial lawI shall include an >rdinance promulgated by the President or" as the case
may be" a Bovernor.
3
4061 %n the *onstitution and all enactments and other legal instruments" unless there is anything
repugnant in the sub$ect or context:
0a1 E&uslimsF means a person who believes in the unity and oneness of Almighty Allah" in the absolute
and un#ualified finality of the Prophet hood of &uhammad 0Peace 7e Upon Him1" the last of the
Prophets" and does not believe in " or recogni+e as a Prophet or religious reformer" any person who
claimed or claims to be a Prophet" in any sense of the word or of any description whatsoever" after
&uhammad 0Peace 7e Upon Him1; and
0b1 E)on&uslimsF means a person who is not a &uslim and includes a person belonging to the
*hristian" Hindu" !ikh" 7uddhist or Parsi community" a person of the 'uadiani group or the Gahori
group 0who call themselves Ahmadis or by any other name1" or a 7ahai" and a person belonging to any
of the scheduled castes.8
(81. Per&'# a"%!#) !# '--!"e #'% %' be re)ar$e$ a& &""e&&'r %' pre,!'& '""pa#% '- '--!"e5 e%". (or
the purposes of the *onstitution" a person who acts in 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.
(8(. :re)'r!a# "ale#$ar %' be &e$. (or the purposes of the *onstitution" periods of time shall be
reckoned according to the Bregorian calendar.
(8/. :e#$er a#$ #mber. %n the *onstitution"
/
!ee footnote < on page ;" supra.
3
!ubs. by the *onstitution 05hird Amdt.1 >rder" /@?; 0P.>. )o. 39 of /@?;1" Art. <" for Eclause 061F" which was previously added by
Act 9@ of /@=9" s. 6" 0w.e.f. the /=th !eptember" /@=91.
0a1 Words importing the masculine gender shall be taken to include females; and
0b1 Words in the singular shall include the plural" and words in the plural shall include the singular.
(81. E--e"% '- repeal '- la4&. Where a law is repealed" or is deemed to have been repealed" by" under"
or by virtue of the *onstitution" the repeal shall not" except as otherwise provided in the *onstitution"
0a1 2evive anything not in force or existing at the time at which the repeal" takes effect ;
0b1 Affect the previous operation of the law or anything duly done or suffered under the law ;
0c1 Affect any right" privilege" obligation or liability ac#uired" accrued .or incurred under the law ;
0d1 affect any penalty" forfeiture or punishment incurred in respect of any offence committed against the
law ; or
0e1 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 be imposed" as if the law had not been repealed.
CHAPTER 8.-TITLE5 COMMENCEMENT AND REPEAL
(86. T!%le '- C'#&%!%%!'# a#$ "'mme#"eme#%.0/1 5his *onstitution shall be known as the
*onstitution of the %slamic 2epublic of Pakistan.
031 !ub$ect to clauses 061 and 091" the *onstitution 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 Ba+ette" appoint" in the *onstitution referred to as the Icommencing ,ayI.
061 5he *onstitution shall" to the extent necessary
0a1 for the constitution of the first !enate;
0b1 for the first meeting of a House or a $oint sitting to be held ;
0c1 (or the election of the President and the Prime &inister to be held and
0d1 5o enable any other thing to be done which" for the purposes of the *onstitution" it is necessary to do
before the commencing day" come into force upon the enactment of the *onstitution" but the person
elected as President or Prime &inister shall not enter upon his office before the commencing day.
091 Where by the *onstitution a power is conferred to make rules or to issue orders with respect to the
enforcement of any provision thereof" or with respect to the establishment of any *ourt or office" or the
appointment of any ,udge or officer there under" or with respect to the person by whom" or the time
when" or the place where" or the manner in which" anything is to be done under any such provision" then
that power may be exercised at any time between the enactment of the *onstitution and its
commencement.
CHAPTER 9.-TRANSITIONAL
(89. P'4er '- Pre&!$e#% %' rem',e $!--!"l%!e&.-0/1 At any time before the commencing day or before
the expiration of three months from the commencing day" the President may" for the purpose of
removing any" difficulties" or for bringing the provisions of the *onstitution into effective operation" by
>rder" direct that the provisions of the *onstitution shall" during such period as may be specified in the
>rder" have effect" sub$ect to such adaptations" whether by way of modification" addition or omission"
ass he may deem to be necessary or expedient.
031 An >rder made under clause 0/1 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 $oint sitting.
1
*(89.A. P'4er %' rem',e $!--!"l%!e&.- %f any difficulty arises in giving effect to the provisions of the
*onstitution 0Cighteenth Amendment1 Act" 3A/A" hereinafter in this Article referred to as the Act" or for
bringing the provisions of the Act into effective operation" the matter shall be laid before both Houses in
a $oint sitting which may by a resolution direct that the provisions of the Act" shall during such period as
may be specified in the resolution" have effect" sub$ect to such adoptions" whether by way of
modification" addition or omission" as may be deemed necessary or expedient:
Provided that this power shall be available for a period of one year from the commencement of the Act.
(89.B. Rem',al '- $'b%.- (or removal of doubt it is hereby declared that Article ;3A omitted and
Articles /=@ and /@; substituted by the *onstitution 0!eventeen Amendment1 Act" 3AA6 0Act )onie of
3AA61" notwithstanding its repeal" shall be deemed always to have been so omitted and substituted.8
(8;. C'#%!#a#"e !# -'r"e5 a#$ a$ap%a%!'# '-5 "er%a!# la4&.0/1 Cxcept as provided by this Article" all
existing laws shall" sub$ect to the *onstitution" continue in force" so far as applicable and with the
necessary adaptations" until altered" repealed or amended by the appropriate Gegislature.
3
L L L L L L
*lause 031 omitted" ibid." s. @9
061 (or the purpose of bringing the provisions of any existing law into accord with the provisions of the
*onstitution 0other than Part %% of the *onstitution1" the President may by >rder" within a period of two
years from the commencing day" make such adaptations whether by way of modification" addition or
omission" as he may deem to be necessary or expedient" and any such >rder 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
>rder.
091 5he President may
6
authori+e the Bovernor of a Province to exercise" in relation to the Province. the
powers conferred on the President by clause 061 in respect of laws relating to matters with respect to
which the Provincial Assembly has power to make laws.
/
)ew Articles 3<=A and 3<=7 ins. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @6.
3
*lause 031 omitted ibid." s. @9.
6
(or such authori+ation" see Ba+. of Pak." /@=6" Cxt." Pt. %%" p. 3AA/.
;1 5he powers exercisable under clauses 061 and 091 shall be sub$ect: to the provisions of an Act of the
appropriate Gegislature.
0<1 Any *ourt" tribunal or authority re#uired or empowered to enforce an existing law shall"
notwithstanding that no adaptations have been made in such law by an >rder made under clause 061 or
clause 091" construe the law with all such adaptations as are necessary to bring it into accord with the
provisions of the *onstitution.
0=1 %n this Article" Iexisting lawsI means all laws 0including >rdinances" >rders in *ouncil" >rders"
rules" byelaws" regulations and Getters Patent constituting a High *ourt" and any notifications and other
legal instruments having the force of law1 in force in Pakistan or any part thereof" or having
extraterritorial validity" immediately before the commencing day.
Cxplanation. %n this Article" Iin forceI" in relation to any law" mean having effect as law whether or not
the law has been brought into operation:
(8<. Eal!$a%!'# '- la4&5 a"%&5 e%".0/1 All Proclamations" PresidentJs >rders" &artial Gaw 2egulations"
&artial Gaw >rders and all other laws made between the twentieth day of -ecember" one thousand nine
hundred and seventy one and the twentieth day of April" one thousand nine hundred and seventy two
0both days inclusive1" are hereby declared" notwithstanding any $udgment of any *ourt" to have been
validly made by competent authority and shall not be called in #uestion in any *ourt on any ground
whatsoever.
031 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
-ecember" one thousand nine hundred and seventy one" and the twentieth day of April;" one thousand
nine hundred and seventy two 0both days inclusive1" in exercise of the powers derived from any
PresidentJs >rders" &artial Gaw 2egulations". &artial Gaw >rders" enactments" notifications" rules"
orders or byelaws" 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 $udgment of any *ourt"
be deemed to be and always to" have been validly made" taken or done and shall not be called in #uestion
in any *ourt on any ground whatsoever.
061 )o suit or other legal proceedings shall lie in any *ourt against any authority or any person for or on
account of or in respect of any orderJ made" proceedings taken or act done whether in the exercise or
purported exercise of the powers referred to in clause 031 or in execution of or in compliance with orders
made or sentences passed in exercise or purported exercise of such powers.
(9=. Temp'rar7 ,al!$a%!'# '- "er%a!# la4&5 e%".0/1
/
4&a$lise!hoora 0Parliament18 may by" law
made in the manner prescribed for legislation for a matter in Part % of the (ederal Gegislative Gist
validate all Proclamations" PresidentJs >rders". &artial Gaw 2egulations" &artial Gaw >rders and other
laws made between" the twenty fifth day of &arch" one thousand nine hundred and sixty nine" and the
nineteenth day of -ecember" one thousand nine hundred and seventy one 0both days inclusive1.
031 )otwithstanding a $udgment of any *ourt" a law made by
3
4&a$lise!hoora 0Parliament18 under
clause 0/1 shall not be #uestioned in any *ourt on any ground" whatsoever.
061 )otwithstanding the provisions of clause 0/1" and a $udgment of any *ourt 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 0/1 shall not be called in #uestion before any *ourt on any ground whatsoever.
091 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 &arch"
one thousand nine hundred and sixty nine" and nineteenth day of -ecember" one thousand mine hundred
and seventy one 0both days inclusive1" in exercise of powers derived from any PresidentJs >rders"
&artial Gaw 2egulations" &artial Gaw >rders" enactments" notifications" rules" orders or byelaws" 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 $udgment of any *ourt" be deemed to be and always to
have been validly made" taken or done" so however that any such order" proceeding or act may be
declared invalid by
/
4&a$lise!hoora 0Parliament18 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 $oint .sitting and shall not be called in #uestion before any *ourt on any
ground" whatsoever
(
*
/
*(9= A. A--!rma%!'# '- Pre&!$e#%G& Or$er&5 e%".- 5he proclamation of the fifth day of ,uly" /@==" all
PresidentQs >rders" >rdinances" &artial Gaw 2egulations"
/!ee footnote < on page ;" supra.
3Article 3=AA and 3=A7 ins. by P.>. )o. /9 of /@?;" Art. 3 and !ch.
6Article 3=AA subs. by the *onstitution 0Cighth Amdt.1 Act" /@?; 0/? of /@?;1 s. /@" for EArt. 3=AAF 0w.e.f. 6A/3/@?;1 vide
!.2.>. )o. /3=@0/1D?;" dated 3@/3?; read with Proclamation of withdrawal of &artial Gaw" dated 6A/3?;" see Ba+. of Pak." /@?;" Cxt."
Pt. S. pp. 96/963
&artial Gaw >rders" including the 2eferendum >rder" /@?9 0P.>. )o. // of /@?91"
/
L L L the 2evival of
the *onstitution of /@=6 >rder" /@?; 0P.>. )o. /9 of /@?;1" the *onstitution 0!econd Amendment1
>rder" /@?; 0P.>. )o. 3A of /@?;1" the *onstitution 05hird Amendment1 >rder" /@?; 0P.>. )o. 39 of
/@?;1" and all other laws made between the fifth day of ,uly" /@==" and the date on which this Article
comes into force are hereby affirmed" adopted and declared" notwithstanding any $udgment of any court"
to have been validly made by competent authority and" notwithstanding anything contained in the
*onstitution" shall not be called in #uestion in any court on any ground whatsoever:
Provided that a PresidentJs >rder" &artial Gaw 2egulation or &artial Gaw >rder made after the thirtieth
day of !eptember" /@?;" shall be confined only to making such provisions as facili tate" or are incidental
to" the revocation of the Proclamation of the fifth day of ,uly" /@==.
031 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 fifth day of ,uly"
/@==" and the date on which this Article comes into force" in exercise of the powers derived from any
Proclamation" PresidentJs >rders" >rdinances" &artial Gaw 2egulations" &artial Gaw >rders"
enactments" notifications" rules" orders or byelaws" 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 $udgment of any court" be deemed to be and always to have been validly
made" taken or done and shall not be called in #uestion in any court on any ground whatsoever.
061 All PresidentJs >rders" >rdinances" &artial Gaw 2egulations" &artial Gaw >rders" enactments"
notifications" rules" orders" or byelaws" in force immediately before the date on which this Article
comes into force shall continue in force until altered" repealed or amended by competent authority.
)*+lanation,#In this clause" Icompetent authorityI means"
0a1 in respect of PresidentJs >rders" >rdinances" &artial Gaw 2egulations" &artial Gaw >rders and
enactments" the appropriate Gegislature; and
/
*ertain words omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @;.
0b1 %n respect of notification" rules" orders and byelaws" the authority in which the power to make" alter"
repeal or amend the same vests under the law.
091 )o suit" prosecution or other legal proceedings shall lie in any court against any authority or
any person" for or on account of or in respect of any order made" proceedings taken or act done whether
in the exercise or purported exercise of the powers referred to in clause 031 or in execution of or in
compliance with orders made or sentences passed in exercise or purported exercise of such powers.
0;1 (or the purposes of clauses 0/1" 031 and 091" all orders made" proceedings taken" acts done or
purporting to be made" taken or done by any authority or person shall be deemed to have been made"
taken or done in good faith and for the purpose intended to be served thereby.
/
40<1 5he laws referred to in clause 0/1 may be amended by the appropriate Gegislature in the
manner provided for amendment of such laws.8
(
*(9=AA. De"lara%!'# a#$ "'#%!#a#"e '- la4& e%". 0/1 5he Proclamation of Cmergency of the
fourteenth day of >ctober" /@@@" the Provisional *onstitution >rder )o./ of /@@@" the >ath of >ffice
0,udges1 >rder" 3AAA 0)o./ of 3A0A1" *hief CxecutiveJs >rder )o. /3A/J3AA3" *hief CxecutiveJs >rder
)o. /@ of 3AA3" the amendments made in the *onstitution through the Gegal (ramework >rder" 3AA3
0*hief CxecutiveJs >rder )o. 39 of 3AA31" the Gegal (ramework 0Amendment1 >rder" 3AA3 0*hief
CxecutiveJs >rder )o. 3@ of 30A31" and the Gegal (ramework 0!econd Amendment1 >rder" 3AA3 0*hief
CxecutiveJs >rder )o. 63 of 3AA31 notwithstanding any $udgment of any court including the !upreme
*ourt or a High *ourt" are hereby declared as having been made without lawful authority and of no legal
effect.
031 Cxcept as provided in clause 0/1 and sub$ect to the provisions of the *onstitution 0Cighteenth
Amendment1 Act" 3A/A" all laws including PresidentJs >rders" Acts" >rdinances" *hief CxecutiveJs
>rders" regulations" enactments" notifications" rules" orders or byelaws made between the twelfth day of
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @;" for Eclause 0<1F.
3
!ubs. ibid." for EArticle 3=AAAF s. @<.
>ctober" one thousand nine hundred and ninetynine and the thirtyfirst day of -ecember" two thousand
and three 0both days inclusive1 and still in force shall" continue to be in force until altered" repealed or
amended by the competent authority.
)*+lanation,#1or the purposes of clause 031 and clause 0<1" Icompetent authorityI means"
0a1 in respect of PresidentsJ >rders" >rdinances" *hief CxecutiveJs >rders and all other laws" the
appropriate Gegislature; and
0b1 in respect of notifications" rules" orders and byelaws" the authority in which the power to make"
alter" repeal or amend the same vests under the law.
061 )otwithstanding anything contained in the *onstitution or clause 0/1" or $udgment of any court
including the !upreme *ourt or a High *ourt"
0a1 ,udges of the !upreme *ourt" High *ourts and (ederal !hariat *ourt who were holding the office of
a ,udge or were appointed as such" and had taken oath under the >ath of >ffice 0,udges1 >rder" 3AAA 0l
of 3AAA1" shall be deemed to have continued to hold the office as a ,udge or to have been appointed as
such" as the case may be" under the *onstitution" and such continuance or appointment" shall have effect
accordingly.
0b1 ,udges of the !upreme *ourt" High *ourts and (ederal !hariat *ourt who not having been given or
taken oath under the >ath of >ffice of 0,udges1 >rder" 3AAA 0/ of 3AAA1" and ceased to hold the office of
a ,udge shall" for the purposes of pensioner benefits only" be deemed to have continued to hold office
under the *onstitution till their date of superannuation.
091 All orders made" proceedings taken" appointments made" including secondments and deputations"
and acts done by any authority" or by any person" which were made" taken or done" or purported to 2ave
been made" taken or done" between the twelfth day of >ctober" one thousand nine hundred and ninety
nine" and the thirty first day of -ecember" two thousand and three 0both days inclusive1" in exercise of
the powers derived from any authority or laws mentioned in clause 031" or in execution of or in
compliance with any orders made or sentences passed by any authority in the exercise or purported
exercise of powers as aforesaid" shall" notwithstanding anything contained in clause 0/1" be deemed to be
valid and shall not be called in #uestion in any court or forum on any ground whatsoever.
0;1 )o suit" prosecution or other legal proceedings" including writ petitions" shall lie in any court or
forum 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 031 or clause 091 or in execution of or in compliance with orders made or sentences passed in
exercise or purported exercise of such powers.
0<1 )otwithstanding omission of the *oncurrent Gegislative Gist by the *onstitution 0Cighteenth
Amendment1 Act" 3A/A" all laws with respect" to any of the matters enumerated in the said Gist
0including >rdinances" >rders" rules" byelaws" regulations and notifications and other legal instruments
having the force of law1 in force in Pakistan or any part thereof" or having extraterritorial operation"
immediately before the commencement of the *onstitution 0Cighteenth Amendment1 Act" 3A/A" shall
continue to remain in force until altered" repealed or amended by the competent authority.
0=1 )otwithstanding anything contained /%l the *onstitution" all taxes and fees levied under any law in
force immediately before the commencement of the *onstitution 0Cighteenth Amendment1 Act" 3A/A"
shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature.
0?1 >n the omission of the *oncurrent Gegislative Gist" the process of devolution of the matters
mentioned in the said Gist to the Provinces shall be completed by the thirtieth day of ,une" two thousand
and eleven.
0@1 (or purposes of the devolution process under clause 0?1" the (ederal Bovernment shall constitute an
%mplementation *ommission as it may deem fit within fifteen days of the commencement of the
*onstitution 0Cighteenth Amendment1 Act" 3A/A.8
(9=B. Ele"%!'#& %' be $eeme$ %' be hel$ #$er C'#&%!%%!'#. )otwithstanding anything contained in
the *onstitution" the elections held under the %louses of 0Parliament1 and Provincial Assemblies
0Clections1 >rder" /@=="
/
4and the *onduct of Beneral Clections >rder" 3AA3 0*hief CxecutiveJs >rder
)o.= of 3AA31"8 to the Houses and the Provincial Assemblies shall be deemed to have been held under
the *onstitution and shall have effect accordingly.
(
*(9=BB. :e#eral Ele"%!'#& (==;. notwithstanding anything contained in the *onstitution" or any other
law for the time being in force" the Beneral Clections 3AA?" to the )ational Assembly and the Provincial
Assemblies held on the eighteenth day of (ebruary" two thousand and eight shall be deemed to have
been held under the *onstitution and shall have effect accordingly.8.
6
L L L L L L
1
*(91. F!r&% Na%!'#al A&&embl7.-0/1 )otwithstanding anything contained in the *onstitution" but sub$ect
to
;
4Article <6 "8Article <9 and Article 336"
<
40a1 5he first )ational Assembly shall consist of
0i1 Persons who have taken .oath in the )ational Assembly of Pakistan existing immediately before the
commencing day; and
/
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @=" and shall be deemed always to have been so. ins. with effect from
the 3/st day of August 3AA3.
3
)ew Article 3=A77 %ns." ibid." s. @?.
6
Article 3=A* stands omitted as a conse#uence 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" see section 3 and Article 3=AAA.
9
Article 3=/ shall" during the period of five years from the 3=th >ctober" /@=6" have effect as if"
a1 after clause 031 thereof" the following new clause was ins. namely:
E03A1 A person referred to in clause 031 shall resign one of his seats at any time on or before the /Ath day of )ovember" /@=6" and" if
he does not so resign" the seat to which he was elected first shall become vacant.F; and
b1 in clause 061 thereof" after the words Eelection petitionF. 5he words E or otherwiseF were inserted. !ee the 2emoval of -ifficulties
07ar against -ouble &embership1 >rder" /@=6 0P.>. )o. 33 of /@=61.
;
%ns. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. @" 0w.e.f. the 3/st )ovember" /@=;1.
<
!ubs. ibid.
0ii1 5he person to be elected in accordance with law by the members of the Assembly to fill the seats
referred to in clause 03A1 of Article ;/.
Unless sooner dissolved shall continue till the fourteenth day of August" one thousand nine hundred and
seventy seven" and reference to Itotal membershipI of the )ational Assembly in the": *onstitution shall
be construed accordingly ;8
0b1 the #ualifications and dis#ualifications for being elected and being a member of the first )ational
Assembly shall" except in case of members filling casual vacancies
/
4" or to be elected to the additional
seats referred to in clause 03A1 of Article ;/"8 after the commencing day" be the same as under the
%nterim *onstitution of the %slamic 2epublic 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 )ational Assembly after .the expiration of three months from the commencing day.
031 %f a person referred to in paragraph 0a1 of clause 0/1 is" immediately before the commencing day" also
a member of a Provincial Assembly" he shall not take a seat in the )ational Assembly or the Provincial
Assembly until he resigns one of his seats.
061 A casual vacancy in a seat in the first )ational Assembly including a vacancy in a seat in the
)ational 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 conse#uent upon his incurring a dis#ualification
or ceasing to be a member as a result of the final -ecision of an election petition may be filled in the
same manner in which it would have been filled before the commencing day.
091 A person referred to in paragraph 0a1 of clause 0/1 shall not sit or vote in the )ational Assembly until
he has made the oath prescribed by Article <; and" if" without the leave of the !peaker of the )ational
/
%ns. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. @" 0w.e.f. the 3/st )ovember" /@=;1.
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.
1
(9(. F!r&% C'#&%!%%!'# '- Se#a%e.
6
L )otwithstanding anything contained in the *onstitution" but
sub$ect to
9
4Article <6 and8 Article 336"
0a1 the !enate shall until the first )ational Assembly under the *onstitution continues in existence"
consist of forty five members and the provisions of Article ;@ shall have effect as if" in paragraph 0a1 of
clause 0/1 thereof" for the word IfourteenI the word ItenI" and in paragraph 0b1 of that clause for the
word IfiveI the word IthreeI" were substituted" and reference to total membershipI of the !enate in the
*onstitution shall be construed accordingly;
0b1 the members elected or chosen as members of the !enate shall be divided into two groups by drawing
of lots" the first group consisting of five members from each Province" two members from the (ederally
Administered 5ribal Areas and one member from the (ederal *apital and the second group consisting of
five members from each Province" one member from the said Areas and one member from the (ederal
*apital;
/Article 3=3 had" between the @th ,une" /@=6" and the /9th August" /@=9" effect sub$ect to the following modifications made by the
Clection to the !enate >rder" /@=6 0P.>. )o. ? of /@=61" namely:
%n the said Article" after clause 0/1" the following new clause shall be added" namely:
E031 Until Parliament by law makes provision in that behalf" the President may" for the purpose of the due *onstitution of" and
election to" the !enate" by >rder" make provision for any of the matters referred to in
0a1 Paragraphs 0d1 and 0e1 of clause 0/1 of Article <6;
0b1 Paragraphs 0d1" 0e1 and 0f1 of Article 333; and
0c1 Article 33;.F.
3%ns. by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /<" 0w.e.f. the 9th &ay" /@=91.
65he brackets and figure E0/1F omitted by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. /A" 0w.e.f. 3/st )ovember"
/@=;1.
9%ns. ibid.
0c1 5he term of office of members of the first group and of the second group shall respectively be two
years and four years;
0d1 5he term of office of persons elected or chosen to succeed the members of the !enate at the
expiration of their respective terms shall be four years;
0e1 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;
0f1 as soon as the first general election to the )ational Assembly is Iheld" there shall be elected to the
!enate four additional members from each Province and two additional members from the (ederally
Administered 5ribal Areas; and
0g1 the term of office of such half of the members elected under paragraph 0f1 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.
1
(9/. F!r&% Pr',!#"!al A&&embl7.-0/1 )otwithstanding anything contained in the *onstitution" but
sub$ect to
3
4Article <6"8 Article <9 And Article 336"
6
40a1 the first Assembly of a Province under the *onstitution shall consist of
0i1 5he members of the Assembly of that Province in existence immediately before the commencing day
and
/
Article 3=6 shall" during the period of five years from the 3=th >ctober" /@=6" have effect as if" in clause 031 thereof" after the words
Eelections petitionsF" the words Eor otherwiseF were ins. see. the 2emoval of -ifficulties 07ar against -ouble &embership1 >rder" /@=6 0P.>.
)o. 33 of /@=61.
3
%ns. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. //" 0w.e.f. the 3/st )ovember" /@=;1.
6
!ubs. ibid." 0w.e.f. the 3/st )ovember" /@=;1.
0ii1 5he additional members to be elected in accordance with law by the members of
the Assembly to fill the seats referred to in clause 061 of Article /A<.
Unless sooner dissolved" shall" continue until the fourteenth day of August" one
thousand nine hundred and seventy seven" and reference to Itotal membershipI of the
Assembly of a Province in the *onstitution shall be construed accordingly;8
0b1 5he #ualifications and dis#ualifications for membership of the first Assembly of a
Province shall" except in case of members filling casual vacancies
/
4" or to be elected to
the additional seats referred to in clause 061 of Article /A<"8 after the commencing day"
be the same as were provided in the %nterim *onstitution of the %slamic 2epublic 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.
031 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 conse#uent upon his incurring a
dis#ualification 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.
061 A member referred to in paragraph 0a1 of clause 0/1 shall not sit or" vote in the Provincial Assembly
until he has made the oath prescribed by Article <; read with Article /3= and" if" without leave of the
!peaker of the Provincial Assembly granted on reasonable cause shown" he fails to make the oath within
/
%ns. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. //. 0w.e.f. the 3/
st
)ovember" /@=;1.
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.
(91. Ee&%!#) '- pr'per%75 a&&e%&5 r!)h%&5 l!ab!l!%!e& a#$ 'bl!)a%!'#&.- 0/1 All: property and assets which"
immediately before the commencing day" were vested in the President or the (ederal Bovernment shall"
as from that day" vest in the (ederal Bovernment unless they were used for purposes" which" on that day"
became purposes of the Bovernment of a Province" in which case they shall" as from that day" vest in the
Bovernment of the Province.
031 All property and assets which" immediately before the commencing day" were vested in the
Bovernment of a Province" shall" as from that day" continue to be vested in the Bovernment of that
Province" unless" they were used for purposes" which on that day" became purposes of the (ederal
Bovernment in which case they shall" as from that day" vest in the (ederal Bovernment.
061 All rights" liabilities and obligations of the (ederal Bovernment or of the Bovernment 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 (ederal Bovernment or of the Bovernment of the
Province" except that
0a1 all rights" liabilities and obligations relating to any matter which; immediately before that day" was
the responsibility of the (ederate Bovernment" but which under the *onstitution" has become the
responsibility of the Bovernment of a Province" shall devolve upon the Bovernment of that Province;
and
0b1 all rights" liabilities and obligations relating to any matter which" immediately before that day" was
the responsibility of the Bovernment of a Province" but which under the *onstitution" has become the
responsibility of the (ederal Bovernment" shall devolve upon the (ederal Bovernment.
(96. C'#%!#a#"e !# '--!"e '- per&'#& !# &er,!"e '- PaA!&%a#5 e%".- 0/1 !ub$ect to the *onstitution and
until law is made under Article 39A any person who" immediately before the commencing day" was in
the service of Pakistan shall" as from that day" continue in the service of Pakistan .on the same terms and
conditions as were applicable to him under the %nterim *onstitution of the %slamic 2epublic of Pakistan
immediately before that day.
031 *lause 0/1 shall also apply in relation to a person holding office immediately before the commencing
day as
0a1 *hief ,ustice of Pakistan or other ,udge of the !upreme *ourt" or *hief ,ustice or other ,udge of a
High *ourt;
0b1 Bovernor of a Province;
0c1 *hief &inister of a Province;
0d1 !peaker or -eputy !peaker of the )ational Assembly or a Provincial Assembly;
0e1 *hief Clection *ommissioner;
0f1 Attorney Beneral for Pakistan or Advocate Beneral for a Province;
0g1 Auditor Beneral of Pakistan.
061 )otwithstanding anything contained in the *onstitution" for a period of six months from the
commencing day" a (ederal &inister or a &inister of !tate or the *hief &inister of a Province or a
Provincial &inister may be a person who is not a member of
/
4&a$lise!hoora 0Parliament18 or" as the
case may be" the Provincial Assembly of that Province; and such *hief &inister and Provincial &inister
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.
/
!ee footnote < on page ;" supra.
091 Any person who" under this Article" is continued in an office in respect of which a form of oath is set
out in the 5hird !chedule shall" as soon as is practicable after the commencing day" make before the
appropriate person oath in that form.
0;1 !ub$ect to the *onstitution and law
0a1 all civil" criminal and revenue *ourts exercising $urisdiction and functions immediately before the
commencing day shall" as from that day" continue to exercise their respective $urisdictions and functions;
and
0b1 All authorities and all officers 0whether $udicial" executive" revenue or ministerial1 throughout
Pakistan exercising functions immediately before the commencing day shall" as from that day" continue
to exercise their respective functions.
(98. Oa%h '- -!r&% Pre&!$e#%. )otwithstanding anything contained in the *onstitution" the first
President may" in the absence of the *hief ,ustice of Pakistan" make the oath referred to in Article 93
before the !peaker of the )ational Assembly.
(99. Tra#&!%!'#al -!#a#"!al pr',!&!'#&.0/1 5he schedule of authori+ed expenditure authenticated by the
President for the financial year ending on the thirtieth day of ,une" one thousand nine hundred and
seventy four" shall continue to remain a valid authority for expenditure from the (ederal *onsolidated
(und for that year.
031 5he President may" in respect of expenditure of the (ederal Bovernment for any financial year
preceding the financial year commencing on the first day of ,uly" one thousand nine hundred and
seventy three 0being expenditure in excess of the authori+ed expenditure for that year1" authori+e the
withdrawal of moneys from the (ederal *onsolidated (und.
061 5he provisions of clauses 0/1 and 031 shall apply to and in relation to a Province" and for that
purpose
0a1 Any reference in those provisions to the President shall be read as a. reference to the Bovernor of the
Province;
0b1 any reference in those provisions to the (ederal Bovernment shall be read as a reference to the
Bovernment of the Province; and
0c1 Any reference in those provisions to the (ederal *onsolidated (und shall be read as a reference to the
Provincial *onsolidated (und of the Province.
(9;. A""'#%& #'% a$!%e$ be-'re "'mme#"!#) $a7. 5he Auditor Beneral 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 *onstitution" he is empowered to" perform or
exercise in relation to other accounts" and Article /=/ shall" with the necessary modifications" apply
accordingly.
(9<. C'#%!#a#"e '- %a0e&. notwithstanding anything contained in the *onstitution" 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 Gegislature.
(;=. C'#%!#a#"e '- Pr'"lama%!'# '- Emer)e#"7. 5he Proclamation of Cmergency issued on the
twenty third day of )ovember" one thousand nine hundred and seventy one" shall be deemed to be a
Proclamation of Cmergency issued under Article 363" and for the purposes of clause 0=1 and clause 0?1
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
/
4and shall
not be called in #uestion in any *ourt on the ground of inconsistency with any of the rights conferred by
*hapter / of Part %%.8
/
Added and shall be deemed always to have been so added by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /=.
1
*ANNEK
0Article 3A1
The Ob+e"%!,e Re&'l%!'#

(In the name aBAllah, the mo&t Beneficent, the mo&t l1lercifitl,)
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority
which He has delegated to the !tate of Pakistan" through its people for being exercised within the limits
prescribed by Him is a sacred trust;
5his *onstituent Assembly representing the people of Pakistan resolves to frame a *onstitution for
the sovereign independent !tate of Pakistan;
Wherein the !tate shall exercise its powers and authority through the chosen representatives of the
people;
Wherein the principles of democracy" freedom" e#uality" tolerance and social $ustice as enunciated
by %slam shall be fully observed;
Wherein the &uslims shall be enabled to >lder their lives in the individual and collective spheres
in accordance with the teachings and re#uirements of %slam as setout in the Holy 'uran and the
!unnah;
Wherein ade#uate provision shall be made for the minorities to
3
4freely8 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 (ederation wherein the units will be
autonomous with such boundaries and limitations on their powers and authority as may be
prescribedM
/
)ew Annex ins. by P.>. )o. /9 of /@?;" Art. 3 and !ch.
3
%ns. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. @@.
Wherein shall be guaranteed fundamental rights including e#uality of status" of opportunity and before
law" social" economic and political $ustice" and freedom of thought" expression" belief" faith"
worship and association" sub$ect to law and public morality:
Wherein ade#uate provision shall be made to safeguard the legitimate interests of minorities and
backward and depressed classes;
Herein the independence of the ,udiciary shall be fully secured;
Wherein the integrity of the territories of the (ederation" its independence and all its rights including its
sovereign rights on land" sea and air shall be safeguarded.
!o that the people of Pakistan may prosper and attain their rightful and honoured place amongst the
nations of the World and make their full contribution towards international peace and progress and
happiness of humanity.
1
*FIRST SCHEDULE
[Article < (!) (() and (?)"
GAW CNC&P5C- (2>& >PC2A5%>) >( A25%*GC ? 0/1 V 031
Par% I
1. Pre&!$e#%G& Or$er&
/. 5he Acceding !tate 0Property1 >rder" /@</ 0P. >. )o. /3 of /@</1.
3. 5he Cconomic 2eforms >rder" /@=3 0P. >. )o. / of /@=31.
II Re)la%!'#&
/. 5he Gand 2eforms 2egulations
3. 5he Gand 2eforms 07aluchistan Pat (eeder *anal1 2egulation" /@=3.
6. 5he Cconomic 2eforms 0Protection of %ndustries1 2egulation" /@=3.
9. 5he -istribution of Property 0*hitral1 2egulation" /@=9 0%% of /@=91.
;. 5he !ettlement of -isputes of %mmovable Property 0*hitral1 2egulation. /@=9 0%%% of /@=91.
<. 5he -ir and !wat 0-evolution and -istribution of Property and !ettlement of -isputes of %mmovable
Property1
0Amendment1 2egulation" /@=; 0%% of /@=;1.
3
4=. 5he !ettlement of -isputes of %mmovable Property 0*hitral1 0Amendment1 2egulation. /@=< 0%% of
/@=<1.8

III. Fe$eral A"%&
/. 5he land reforms 0Amendment1 Act" /@=9 0NNN of /@=91
/
5he (irst !chedule as amended by the *onstitution 0(irst Amdt.1 Act" /@=9 066 of /@=91" s. /=" 0w.e.f. the 9th &ay" /@=91" has been
subs. by the *onstitution 0(ourth Amdt.1 Act" /@=; 0=/ of /@=;1" s. /3" 0w.e.f. the 3/st )ovember" /@=;1.
3
Cntry = added by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /?" w.e.f. the /6th !eptember" /@=<1.
3. 5he Gand 2eforms 0Amendment1 Act /@=; 0NNN%N of /@=;1
/
46. 5he (lour &illing *ontrol and -evelopment Act" /@=< 0GO%% of/@=<1
9. 5he (lour &illing *ontrol and -evelopment Act" /@=< 0GO%%% of/@=<1
;. 5he *otton Binning *ontrol and -evelopment Act" /@=< 0G%N of /@=<18
IE. Or$!#a#"e Pr'ml)a%e$ b7 %he Pre&!$e#%
5he Gand 2eforms 0Amendment1 >rdinance" /@=; 0NN%N of /@=;1 and the (ederal Act enacted to
replace the said >rdinance.
E. Pr',!&!'#al A"%&
/. 5he Gand 2eforms 07aluchistan Amendment1 Act /@=9 07aluchistan Act N% of /@=9
3. 5he Gand 2eforms 0Pat (eeder *anal 2egulation1 0Amendment1 Act /@=; 07aluchistan Act O%% of
/@=;1

(
*EI. Pr',!&!'#al Or$!#a#"e
5he Gand 2eforms 0Pat (eeder *anal1 0Amendment1 >rdinance" /@=<8
/
Cntries 6 to ; added by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /?" 0w.e.f. the /6
th
!eptember" /@=<1.
3
!ubsheading vi and the entry added ibid.
Par% II
I. PRESIDENT@S ORDERS
/. 5he &inerals 0Ac#uisition and 5ransfer1 >rder" /@</ 0P. >. )o. ? of /@</1.
3. 5he *ompanies 0&anaging Agency and Clection of -irectors1 >rder" /@=3 0P. >. )o. 3 of
/@=31.
6. 5he *ooperative !ocieties 02eforms1 >rder" /@=3 0P. >. )o. @ of /@=31.
9. 5he Gife %nsurance 0)ationali+ation1 >rder" /@=3 0P. >. )o. /A of /@=31.
;. 5he &artial Gaw 0Pending Proceedings1 >rder" /@=3 0P. >. )o. /9 of /@=31.
<. 5he 2ulers of Acceding !tates 0Abolition of Privy Purses and Privileges1 >rder" /@=3 0P. >.
)o. /; of /@=31.
=. 5he %ndustrial !anctions and Gicenses 0*ancellation1 >rder" /@=3 0P. >. )o. /< of /@=31.
?. 5he *riminal Gaw Amendment 0!pecial *ourt1 >rder" /@=3" 0P. >" )o. 3A of /@=31.
II. RE:ULATIONS
/. 2awalpindi 02e#uisition of Property1 2egulation" /@;@.
3. 5he Pakistan *apital 2egulation" /@<A.
6. 5he !crutiny of *laims 0Cvacuee Property1 2egulation" /@</.
9. 5he %ncome tax 0*orrection of 2eturns and (alse -eclaration1" 2egulation" /@<@.
;. 5he %mproper Ac#uisition of Property 2egulation" /@<@.
<. 5he 2emoval from !ervice 0!pecial Provisions1 2egulation" /@<@.
=. 5he Giving beyond >stensible &eans 0Punishment1 2egulation" /@<@.
?. 5he Bovernment Agricultural Gand 02ecovery of %llegal Possession1" 2egulation" /@<@.
@. 5he Cnemy Property 0Payment of &oney -ue to Cnemy1 2egulation". /@=A.
/A. 5he Withdrawal of *urrency )otes 0High -enomination1 2egulation". /@=/.
//. 5he Price of Cvacuee Property and Public -ues 02ecovery1 2egulation" /@=/.
/3. 5he Peshawar -istrict and 5ribal Areas 0!ettlement of -isputes1" 2egulation" /@=/.
/6. 5he *onvention &uslim Geague and Awami Geague 0!crutiny of (unds1 2egulation" /@=/.
/9. 5he (oreign Cxchange 2epatriation 2egulation" /@=3.
/;. 5he (oreign Assets 0-eclaration1 2egulation" /@=3.
/<. 5he 2emoval from !ervice 02eview Petition1 2egulation /@=3.
/=. 5he Privately &anaged !chools and *olleges 05aking >ver1 2egulation" /@=3
/?. 5he Cnemy Property 02evocation of !ales1 2egulation" /@=3.
/@. 5he -ir and !wat 0-evolution and -istribution of Property1 2egulation" /@=3
3A. 5he -ir and !wat 0!ettlement of -isputes of %mmovable Property1" 2egulation" /@=3..
3/. 5he West Pakistan %ndustrial -evelopment *orporation 02evocation of !ale or
5ransfer1 2egulation" /@=3.
33. 5he )ational Press 5rust 0!uspension of 7oard of 5rustees and -irectors1 2egulation" /@=3.
36. 5he *ooperative 7anks 02epayment of Goans1 0Pun$ab1 2egulation" /@=3.
39. 5he *ooperative !ocieties 02epayment of Goans1 0!indh1 2egulation" /@=3.
III. ORDINANCES PROMUL:ATED BY THE PRESIDENT
/. 5he *ontrol of !hipping >rdinance" /@;@ 0N%%% of /@;y1.
3. 5he ,ammu and :ashmir 0Administration of Property1 >rdinance" J/@</ 0/// of /@</1.
6. 5he &uslim (amily Gaws >rdinance" /@</ 0O%%% of /@</1.
9. 5he !ecurity of Pakistan 0Amendment1 >rdinance" /@</ 0N%O .of /@</1.
;. 5he Associated Press of Pakistan 05aking >ver1 >rdinance" /@</ .0NN of /@</1.
<. 5he 5rade >rgani+ations >rdinance" /@</ 0NGO of /@</1.
IE. FEDERAL ACTS
5he *ensorship of (ilms Act" /@<6 0NO%%% of /@<61.
E. ORDINANCES PROMUL:ATED BY THE :OEERNOR OF FORMER PROEINCE
OF DEST PAKISTAN
/. 5he West Pakistan Bovernment Cducational and 5raining %nstitutions >rdinance" /@<A 0W.P.
>rdinance )o. N% of /@<A1.
3. 5he West Pakistan Wakf Properties >rdinance" /@</ 0W. P. >rdinance )o. NNO%%% of /@</1.
6. 5he !ocieties 2egistration 0West Pakistan Amendment1 >rdinance" /@<3 0W. P. >rdinance
)o. %N of /@<31.
9. 5he West Pakistan %ndustries 0*ontrol on Cstablishment and Cnlargement1 >rdinance" /@<6
0W. P. >rdinance )o. %O of /@<61.
EI. ORDINANCES PROMUL:ATED BY THE :OEERNOR OF THE NORTH-DEST
FRONTIER PROEINCE
/. 5he )orth West (rontier Province Bovernment Cducational and 5raining %nstitutions
>rdinance" /@=/ 0).W.(.P. >rdinance )o. %%% of /@=/1.
3. 5he )orth West (rontier Province *hashma 2ight 7ank *anal Pro$ect 0*ontrol and
Prevention of !peculation in Gand1 >rdinance" /@=/. 0).W.(.P. >rdinance )o. O of /@=/1.
6. 5he )orth West (rontier Province Boal -am Pro$ect 0*ontrol .and Prevention of !peculation
in Gand1 >rdinance" /@=/ 0).W.(.P. >rdinance )o. O%%% of /@=/1.
1
*SECOND SCHEDULE
4Article 9/ 0618
ELECTION OF PRESIDENT
/. 5he *hief Clection *ommissioner 0hereinafter referred to as the *ommissioner1 shall hold and
conduct election to the office of President and shall be the 2eturning >fficer for the selection.
3. 5he Clection *ommissioner shall appoint preside at the meeting of the members of &a$lise!hoora
0Parliament1 and at the meetings of the members of the Provincial Assemblies.
6 5he *hief Clection *ommissioner 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.
9. At any time before noon on the day fixed for nomination" any member of either House may nominate
for election as President a person #ualified for election as president by delivering to the *ommissioner"
or in his absence to the !ecretary to the Clection *ommission a nomination paper signed by himself as
proposer and another member of either House 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 seconder" more than one nomination
paper at any one election" and if any person subscribes more than one nomination paper" whether as
proposer or as seconder" all the nomination papers so subscribed shall be :invalid.
;. !crutiny shall be held by the *hief Clection *ommissioner at the time and place fixed by him" and if
after scrutiny only one person remains valid nominated" the *hief Clection *ommissioner shall declare
/
!ubs. by P.>. )o. /9 of /@?;" Art. 3 and !ch." for E!econd !cheduleF.
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.
<. A candidate may withdraw his candidature at any time it before noon on the day fixed for this
purpose by delivering a notice in writing under his hand to the Presiding >fficer 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.
=. %f all but one of the candidates have withdrawn" that one shall be declared by the *hief Clection
*ommissioner to be electedI
?. %f there is no withdrawal" or if" after withdrawals have taken place" two or more candidates are left" the
*hief Clection *ommissioner 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.
@. %f a candidate whose nomination has been found to be in order dies after the time fixed for
nomination" and a report of his .death is received by the Presiding >fficer before the commencement of
the poll" the Presiding >fficer shall" upon being satisfied >f the fact. of the death" of the candidate"
countermand the poll and report the fact to the *hief Clection *ommissioner" and all proceedings with
reference to the election shall be commenced a new 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 < of this !chedule 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.
/A. 5he poll shall be taken at the meetings of &a$lise;hoora 0Parliament1 and of each Provincial
Assembly" and the respective Presiding >fficers shall conduct the poll with the assistance of such
officers as they may" with the approval of the *hief Clection *ommissioner" respectively appoint.
//. A ballot paper shall be issued to every member of &a$lise!hoora 0Parliament1. and of each
Provincial Assembly" who presents himself r for voting at the meeting of the members of the &a$lisc
!hoora 0Parliament1 or" as the case may be of the Provincial Assembly of which he is a member
0hereinafter referred to as a person voting1" and he shall exercise his vote personally by marking the
paper in accordance with the provisions of the succeeding paragraphs.
/3. 5he poll shall be by secret ballot by means of ballot papers containing the names of all the candidates
in alphabetical order who have not withdrawn" and a person voting shall vote by placing a mark against
the name of the person for whom he wishes to vote.
/6. 7allot papers shall be issued from a book of ballot papers with counterfoils" 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 >fficer.
/9. 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 >fficer.
/;. %f a ballot paper is spoiled by a person voting he may return it to the Presiding >fficer"
who shall issue a second ballot paper" cancelling the first ballot paper and marking the
cancellation on the appropriate counterfoil.
/<. A ballot paper shall be invalid if
0i1 5here appears on it any writing or mark by which the voter may be identified; or
0ii1 %t does not bear the initials of the Presiding >fficer; or
0iii1 %t does not contain a cross mark against the name of any candidate;. >r
0vi1 5he cross mark is placed against the names of two or more candidates; or
0v1 5here is any uncertainty as to the candidate against whose name the cross mark is placed.
/=. After the close of the poll" the Presiding >fficer shall" in the presence of such of the candidates or
their authorised agents as may desire to be present" open and empty the ballot box" count the number of
votes recorded for each candidate and transmit the ballot papers" together with the covering note giving
the count of ballot papers" to the *ommissioner.
/?. 0/1 the *hief Clection *ommissioner shall determine the result of the election in the following
manner" namely:
0a1 5he number of votes cast in the &a$lise!hoora 0Parliament1 in favour of each candidate shall be
counted;
0b1 the number of votes cast in a Provincial Assembly in favour 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
0c1 the number of votes calculated in the manner referred to in clause 0b1 shall be added to the number of
votes counted under clause 0a1.
)*+lanatio1,#In this paragraph" Itotal number of seatsI includes seats reserved for non&uslims and
women.
031 A fraction shall be rounded off to the nearest whole.
/@. 5he candidate who has obtained the largest number of votes compiled in the manner specified in
paragraph /? shall be declared by the *hief Clection *ommissioner to be elected.
3A. Where at any poll any two or more candidates obtain an e#ual number of votes" theJ selection of the
candidate to be elected shall be by drawing of lots.
3/. When" after any poll" the counting of the votes has been completed" and the result of the voting
determined" the *hief Clection *ommissioner shall forthwith announce the result to "those present" and
shall report the result to the (ederal Bovernment" who shall forthwith cause the result to be declared by a
public notification.
33. 5he *hief Clection *ommissioner may" by public notification" with the approval of the President"
make rules for carrying out the purposes of this !chedule.
THIRD SCHEDULE
OATHS OF OFFICE
PRESIDENT
7"rticle ,&<
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % am a &uslim and believe in the Unity and >neness of Almighty
Allah" the 7ooks of Allah" the Holy 'uran being the last of them" the Prophet hood of
&uhammad 0peace be upon him1 as the last of the Prophets and that there can be no Prophet
after him" the -ay of ,udgment" and all the re#uirements and teachings of the Holy 'uran and
!unnahK
5hat % will bear true faith and allegiance to Pakistan;
5hat" as President of Pakistan" % will discharge my duties" and perform my functions" honestly"
to the best of my ability" faithfully in accordance with the *onstitution of the %slamic 2epublic
of Pakistan and the law" and always in the interest of the sovereignty" integrity" solidarity"
wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions;
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan;
5hat" in all circumstances" % will do right to all manner of people" according to law" without fear
or favour" affection or ill will.
And that % 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 re#uired for the due discharge of my duties as President.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
ded by P.>. )o. /9 of /@?;" Art. 3 and !ch.
PRIME MINISTER
4Article @/
/
40;188
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%"" do solemnly swear that % am a &uslim and believe in the Unity and >neness of
Almighty Allah" the 7ooks of Allah" the Holy 'uran being the last of them" the Prophet hood of
&uhammad 0peace be upon him1 as the last of the Prophets and that there can be no Prophet
after him" the -ay of ,udgment" and all the re#uirements and teachings of the Holy 'uran and
!unnah;
5hat % will bear true faith and allegiance to Pakistan;
5hat" as Prime &inister of Pakistan" % will discharge my duties" and perform my functions"
honestly" to the best of my ability" faithfully in accordance with the *onstitution of the %slamic
2epublic of Pakistan and the law" and always in the interest of the sovereignty" integrity"
solidarity" wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decision.
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan;
5hat" in all circumstances" % will do right to all manner of people" according to law" without fear
or favour" affection or ill will;
And that % 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 &inister"
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /AA" for 061.
except as may be re#uired for the due discharge of my duties as Prime &inister.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
FEDERAL MINISTER OR MINISTER OF STATE
4Article @3 0318
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%"" do solemnly swear that % will bear true faith and allegiance to Pakistan;
5hat" as (ederal &inister 0or &inister of !tate1 ; % will discharge my duties and perform my
functions honestly" to the best of my ability" faithfully in accordance with the *onstitution of
the %slamic 2epublic of Pakistan and the law" and always in the interest of the sovereignty"
integrity" solidarity" wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan:
5hat % will not allow my personal interest to influence my official conduct or my official
decisions;
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan;
5hat" in all circumstances" % will do right to all manner of people according to law" without fear
or favour" affection or ill will:
And that % 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 (ederal &inister 0or
&inister of !tate1" except as may be re#uired for the due discharge of my duties as (ederal
&inister 0 or &inister of !tate1" or as may be specially permitted by the Prime &inister.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
SPEAKER OF NATIONAL ASSEMBLY OR CHAIRMAN OF SENATE
4Articles ;6 031 and </8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear trite faith and allegiance to Pakistan;
5hat" as !peaker of the )ational Assembly 0or *hairman of the !enate1 and whenever / am
called upon to act as President of Pakistan % will discharge my duties" and perform my
functions" honestly" to the best of my ability" faithfully" in accordance with the *onstitution of
the %slamic 2epublic of Pakistan" the law and as !peaker of the )ational Assembly in
accordance with the rules of the Assembly 0or as *hairman of the !enate in accordance with the
rules of the !enate1" and always in the interest of the sovereignty" %ntegrity" solidarity"
wellbeing and prosperity of Pakistan;
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan:
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
And that" in all circumstances" % will do right to all manner of people" according to law" without
fear or favour" affection or ill will.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
DEPUTY SPEAKER OF NATIONAL ASSEMBLY OR DEPUTY CHAIRMAN
4Articles ;6 031 and </8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
% do solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat" whenever % am called upon to act as !peaker of the )ational Assembly 0or *hairman of
the !enate1" % will discharge my duties and perform my functions honestly" to the best of my
ability" faithfully" in accordance with the *onstitution of the %slamic 2epublic of Pakistan" the
law and the rules of the Assembly 0or !enate1" and always in the interest of the sovereignty"
integrity" solidarity" wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
And that" in all circumstances" % will do right to all manner of people. according to law" without
fear or favour" affection or ill will.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
MEMBER OF NATIONAL ASSEMBLY OR MEMBER OF SENATE
4Article <;8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%"" do solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat as a member of the )ational Assembly 0or !enate1" % will perform my functions honestly"
to the best of my ability" faithfully" in accordance with the *onstitution of the %slamic 2epublic
of Pakistan and the law" and the rules of the Assembly 0or !enate1 " and always in the interest of
the sovereignty" integrity" solidarity" wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan:
And that % will preserve" protect and defend the *onstitution of the %slamic 2epublic of
Pakistan.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
:OEERNOR OF PROEINCE
4Article /A38
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith and allegiance to Pakistan;
5hat" as the Bovernor of the Province of % will discharge my duties" and perform my
functions" honestly" to the best of my ability" faithfully in accordance with the *onstitution of
the %slamic 2epublic of Pakistan and the law" and always in the interest of the sovereignty"
integrity" solidarity" wellbeing and prosperity of Pakistan;
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
5hat" in all circumstances" % will do right to all manner of people" according to law" without fear
or favour affection or ill will;
And that % 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 Bovernor of the
Province of ; ............... except as array be re#uired for the due discharge of my duties as
Bovernor.
/
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art. 3 and !ch.
CHIEF MINISTER OR PROEINCIAL MINISTER
4Articles
/
4/6A 0;18 and /63 0318
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith and allegiance to Pakistan;
5hat" as a *hief &inister 0or &inister1 of the Bovernment of the Province ofWWW.% will
discharge my duties and perform my functions honestly" to the best of my ability" faithfully in
accordance with the *onstitution of the %slamic 2epublic of Pakistan and the law" and always in
the interest of the sovereignty" integrity" solidarity" wellbeing and prosperity of Pakistan;
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions;
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
5hat" in all circumstances" % will do right to all manner of people according to law" without fear
or favour" affection or ill will:
And that % 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 *hief &inister 0or
&inister1 except as may be re#uired for the due discharge of my duties as *hief &inister 0or
&inister or as may be specially permitted by the *hief &inister1.
3
4&ay Allah Almighty help and guide me. 0AKmeen18
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /AA for E/6/ 091F.
3
Added by P.>. )o. /9 of /@?;" Art
SPEAKER OF A PROEINCIAL ASSEMBLY
4Articles ;6 031 and /3=8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith :and allegiance to Pakistan:
5hat" as !peaker of the Provincial Assembly of the Province of
/
4and
whenever % am called upon to act as Boverner" % will discharge8 my duties" and perform my
functions" honestly" to the best .of my ability" faithfully in accordance with the *onstitution of
the %slamic 2epublic of Pakistan" the law and the rules of the Assembly" and always in the
interest of the sovereignty" integrity" solidarity" wellbeing and prosperity of Pakistan;
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan;
And that" in all circumstances" % will do right to all manner of people" according to law" without
fear or favour" affection or ill will.
3
4&ay Allah Almighty help and guide me. 0AKmeen1.8
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /AA for E% will dischargeF.
3
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
DEPUTY SPEAKER OF A PROEINCIAL ASSEMBLY
4Articles ;6 031 and /3=8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith and allegiance to Pakistan: .
5hat" whenever % am called upon to act as !peaker of the Provincial Assembly of the Province
of% will discharge my duties and perform my functions" honestly" to the best of my ability"
faithfully in accordance with the *onstitution of the %slamic 2epublic of Pakistan" the law and
the 2ules of the Assembly" and always in the interest of the sovereignty" integrity" solidarity"
wellbeing and prosperity of Pakistan.
5hat % will strive to preserve the %slamic %deology which is the basis for the creation of Pakistan:
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
And that" in all circumstances" % will do right to all manner of people" according to law" without
fear or favour" affection or ill will.
/
4&ay Allah Almighty help and guide me 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
MEMBER OF A PROEINCIAL ASSEMBLY
4Articles <; and /3=8
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
% " do solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat as a member of the Provincial Assembly of" % will perform my functions honestly" to
the best of my ability" faithfully in accordance with the *onstitution of the %slamic 2epublic of
Pakistan" the law and the rules of the Assembly" and always in the interest of the sovereignty"
integrity" solidarity" wellbeing and prosperity of Pakistan:
5hat % will strive to preserve the %slamic %deology which is the basis for: the creation of
Pakistan;
And that % will preserve" protect and defend the *onstitution of the: %slamic 2epublic of
Pakistan.
/
4&ay Allah Almighty help and guide me 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
AUDITOR-:ENERAL OF PAKISTAN
4Article /<? 0318
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat" as Auditor Beneral of Pakistan" % will discharge my duties and perform my functions
honestly" faithfully in accordance with the *onstitution of the %slamic 2epublic of Pakistan and
the law and to the best of my knowledge" ability and $udgment" without fear or favour" affection
or ill will" and that % will not allow my personal interest to influence my official conduct or my
official decisions.
/
4&ay Allah Almighty help and guide me 0AKmeen18
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
CHIEF BUSTICE OF PAKISTAN OR OF A HI:H COURT OR BUD:E OF THE
SUPREME COURT OR A HI:H COURT
4Articles /=? and /@98
(In the name of Allah, the most Beneficent,
the most Merciful)
%" " do solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat" as *hief ,ustice of Pakistan 0or a ,udge of the !upreme *ourt of Pakistan or *hief ,ustice
or a ,udge of the High *ourt for the Province or Provinces of1 % will discharge my duties"
and perform my functions: honestly" to the best of my ability and faithfully in accordance with
the *onstitution of the %slamic 2epublic of Pakistan and the law:
5hat % will abide by the code of conduct issued by the !upreme ,udicial *ouncil;
5hat % will not allow my personal interest to influence my official conduct or my official
decisions:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
And that" in all circumstances" % will do right to all manner of people" according to law" without
fear or favour" affection or ill will.
/
4&ay Allah Almighty help and guide me 0AKmeen18
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
/
45he *H%C( ,U!5%*C >2 ,U-BC >( 5HC
(C-C2AG !HA2%A5 *>U25.
4Article 3A6* 0=18
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
I5 WWWWdo solemnly swear that % will bear true faith and allegiance to Pakistan:
5hat" as *hief ,ustice of the (ederal !hariat *ourt 0or a ,udge of the (ederal !hariat *ourt1" % will
discharge my duties" and perform my functions" honestly" to the best of my ability" and faithfully" in
accordance with the *onstitution of the %slamic 2epublic of Pakistan and the law:
5hat % will not allow my personal interest to influence my official conduct or my official decisions:
5hat % will abide by the code of conduct issued by the !upreme ,udicial *ouncil:
5hat % will preserve" protect and defend the *onstitution of the %slamic 2epublic of Pakistan:
And that" in all circumstances" % will do right to all manner of people" according to law" without fear or
favour" affection or illwill.
&ay Allah Almighty help and guide me. 0Amen1.8
/
!ubs by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /AA for E>ath of *hief ,ustice or a ,udge of the (ederal !hariat *ourtF.
CHIEF ELECTION COMMISSIONER
4Article 3/98
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that as *hief Clection *ommissioner % will discharge my duties and
perform my functions" honestly" to the best of my ability" faithfully in accordance with the *on
stitution of the %slamic 2epublic of Pakistan and the law" and without fear or favour" affection or
ill will" and that % will not allow my personal interest to influence my official conduct or my
official decisions.
/
4&ay Allah Almighty help and guide me 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
MEMBERS OF THE ARMED FORCES
4Article 3998
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
%" " do solemnly swear that % will bear true faith andJ allegiance to Pakistan and uphold the
*onstitution of the %slamic 2epublic of Pakistan which embodies the will of the people" that %
will not engage myself in any political activities whatsoever and that % will honestly and
faithfully serve Pakistan in the Pakistan Army 0or )avy or Air (orce1 as re#uired by and under
the law.
/
4&ay Allah Almighty help and guide me 0AKmeen1.8
/
Added by P.>. )o. /9 of /@?;" Art 3 and !ch.
FOURTH SCHEDULE
4Article =A 0918
'In t(e na)e o* Alla(+ t(e )ost &ene*icent+ t(e )ost %erci*ul,
LE:ISLATIEE LISTS
FEDERAL LE:ISLATIEE LIST
Par% I
/. 5he defense of the (ederation or any part thereof in peace or war;. the military" naval and air
forces of the (ederation and any other armed forces raised or maintained by the (ederation; any
armed forces which are not forces of the (ederation but are attached to or operating with any of
the Armed forces of the (ederation including civil armed forces; (ederal intelligence bureau;
preventive detention for reasons of !tate connected with defense" external affairs" or the security
of Pakistan or any part thereof; persons sub$ected to such detention; industries declared by
(ederal law to be necessary for the purpose of defence or for the prosecution of war.
3. &ilitary" naval and air force works; local self Bovernment 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.
6. Cxternal 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 Bovernments outside Pakistan.
9. )ationality" citi+enship and naturali+ation.
;. &igration from or into" or settlement in" a Province or the (ederal *apital.
<. 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.
=. Posts and telegraphs" including telephones" wireless" broadcasting and other like forms of
communications" Post >ffice !aving 7ank.
?. *urrency" coinage and legal tender.
@. (oreign exchange" che#ues" bills of exchange" promissory notes and . other like instruments.
/A. Public debt of the (ederation" including the borrowing of money on the security of the (ederal
*onsolidated (und; forego loans and foreign aid.
% /. (ederal Public !ervices and (ederal Public !ervice *ommission.
/3. (ederal pensions" that is to say" pensionKs payable by the (ederation or out of the (ederal
*onsolidated (und.
/6. (ederal >mbudsmen.
/9. Administrative *ourts for (ederal sub$ects.
/;. Gibraries" museums" and similar institutions controlled or financed by the (ederation.
/<. (ederal agencies and institutes for the following purposes that is a say" for research" for professional
or technical training" or for the promotion of special studies.
/=. Cducation as respects Pakistani students in foreign countries and foreign students in Pakistan.
/?. )uclear energy" including
0a1 &ineral resources necessary for the generation of nuclear energy;
0b1 5he production of nuclear fuels and the generation and use of nuclear energy; and
0c1 %oni+ing radiations
/
4; and8
3
40d1 boilers.8
/@. Port #uarantine" seamenJs and marine hospitals and hospitals connected with port #uarantine.
3A. &aritime shipping and navigation" including shipping and navigation on tidal waters; Admiralty
$urisdiction.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A/" for the full stop.
3
)ew subentry 0d1 added ibid.
/
L L L L L L L
33. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic
and of aerodromes.
36. Gighthouses" including lightships" beacons and other provisions for the safety of shipping and
aircraft.
39. *arriage of passengers and goods by sea or by air.
3;. *opyright" invention" designs" trademarks and merchandise marks.
3<. >pium so far as regards sale for export.
3=. %mport and export across customs frontiers as defined by the (ederal Bovernment" interprovincial
trade and commerce" trade and commerce with foreign countries; standard of #uality of goods to be
exported out of Pakistan.
3?. !tate 7ank of Pakistan; banking" that is to say" the conduct of banking business by corporations other
than corporations owned or controlled by a Province and carrying on business only within that Province.
3@. 5he law of insurance" except as respects insurance undertaken by a Province" and the regulation of
the conduct of insurance business" except as respects business undertaken by a Province; Bovernment
insurance" except so far as undertaken by a Province by virtue of any matter within the legislative
competence of the Provincial Assembly.
6A. !tock exchanges and futures markets with ob$ects and business not confined to one Province.
6/. *orporations" 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 ob$ects not confined to a Province" but not including
universities.
/
Cntry E3/F omitted by the *ommission 0Cighteenth Amdt1 Act. 3A/A 0/A of 3A/A1" s. /A/.
/
463.%nternational treaties" conventions and agreements and %nternational arbitration.8
3
L L L L L L L
69. )ational highways and strategic roads.
6;. (ederal surveys including geological surveys and (ederal meteorological organi+ations.
6<. (ishing and fisheries beyond territorial waters.
6=. Works" lands and buildings vested in" or in the possession of Bovernment for the purposes of the
(ederation 0not being military" naval or air force works1" but as regards property situate in a Province"
sub$ect always to Provincial legislation" save in so far as (ederal law otherwise provides.
3
L L L L L L L
6@. Cstablishment of standards of weights and measures.
3
L L L L L L L
9/. Clections to the office of President" to the )ational Assembly" the !enate and the Provincial
Assemblies ; *hief Clection *ommissioner and Clection *ommissions.
93. 5he salaries" allowances and privileges of the President" !peaker and -eputy !peaker of the )ational
Assembly" *hairman and -eputy *hairman of the !enate" Prime &inister" (ederal &inisters" &inisters
of !tate the salaries" allowances and privileges of the members of the !enate and the )ational
Assembly ; and the punishment of persons who refuse to give evidence or produce documents before
committees thereof.
/
!ubs. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A/ for Eentry 63F.
3
Cntries 66" 6? and 9A omitted ibid.
96. -uties of customs" including export duties.
99. -uties of excise" including duties on salt" but not including duties on: alcoholic li#uors" opium and
other narcotics.
/
L L L L L L
/
L L L L L L
9=. 5axes on income other than agricultural income.
9?. 5axes on corporations.
3
49@. 5axes on the sales and purchases of goods imported" exported" produced" manufactured or
consumed
6
4" except sales tax on services.88
;A. 5axes on the capital value of the assets" not including taxes
9
L L L on immovable property.
;/. 5axes on mineral oil" natural gas and minerals for use in generation: of nuclear energy.
;3. 5axes and duties on the production capacity of any plant" machinery" undertaking" establishment or
installation in lieu of the taxes and duties specified in entries 99" 9=" 9? and 9@ or in lieu of any one or
more of them.
;6. 5erminal taxes on goods or passengers carried by railway" sea or" air ; taxes on their fares and
freights.
;9. (ees in respect of any of the matters in this Part" but not including fees taken in any *ourt.
;;. ,urisdiction and powers of all *ourts" except the !upreme *ourt" with respect to any of the matters in
this Gist and" to such extent as is expressly authorised by or under the *onstitution" the enlargement of
the $urisdiction of the !upreme *ourt" and the conferring thereon of supplemental powers.
;<. >ffences against laws with respect to any of the matters in this Part.
/
Cntries 9; and 9< omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A/.
3
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /@" for the Eoriginal entry 9@F 0w.e.f. the /6th !eptember" /@=<1.
6
Added by Act /A of 3A/A" s. /A/.
9
5he words Eon capital gainsF omitted ibid.
;=. %n#uiries and statistics for the purposes of any of the matters in. this Part.
;?. &atters which under the *onstitution are within the legislative competence of
/
4&a$lise!hoora
0Parliament18or relate to the (ederation.
;@. &atters incidental or ancillary to any matter enumerated in this. Part.
/
!ee footnote < on page ;" supra.
PART II
/. 2ailways.
3. &ineral oil and natural gas ; li#uids and substances declared by (ederal law to be dangerously
inflammable.
6. -evelopment of industries" where development under (ederal control" is declared by (ederal law to be
expedient in the public interest ; institutions" establishments" bodies and corporations administered or
managed by the (ederal Bovernment immediately before the commencing day" including the West
/
4Pakistan Water and Power -evelopment Authority and the West Pakistan %ndustrial -evelopment
*orporation8 ; all undertakings" pro$ects and schemes of such institutions" establishments" bodies and
corporations" industries" pro$ects and undertakings owned wholly or partially by the (ederation or by a
corporation set up by the (ederation.
3
49. Clectricity.
;. &a$or ports" that is to say" the declaration and delimitation of such ports" and the constitution and
powers of port authorities therein.
<. All regulatory authorities established under a (ederal Gaw.
=. )ational planning and national economic coordination including planning and coordination of
scientific and technological research.
?. !upervision and management of public debt.
@. *ensus
/
!ubs. by the *onstitution 0(ifth Amdt.1 Act" /@=< 0<3 of /@=<1" s. /@ for EWest Pakistan Water and Power -evelopment Authority and the
West Pakistan %ndustrial -evelopment *orporationF 0w.e.f. the /6th !eptember" /@=<1.
3
)ew entries 9" ;" <" =" ?" @" /A" //" /3 and /6 ins. by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A/.
/A. Cxtension of the powers and $urisdiction 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
$urisdiction in another province without the consent of the Bovernment of that Province; extension of
the powers and $urisdiction of members of a police force belonging to any Province to railway areas
outside that Province.
//. Gegal" medical and other professions.
/3. !tandards in institutions for higher education and research" scientific and technical institutions.
/6. %nterprovisional matters and coordination.8
/
4/98 *ouncil of *ommon %nterests.
/
4/;8 (ees in respect of any of the matters in this Part but not including fees taken in any court.
/
4/<8 >ffences against laws with respect to any of the matters in this Part.
/
4/=8 %n#uiries and statistics for the purposes of any of the matters in this Part.
/
4/?8 &atters incidental or ancillary to any matter enumerated in this Part.
3
L L L L L L
/
2enumbered entries 9" ;" <" =" and ? the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A/.
3
*oncurrent Gegislative list and the Cntries / to 9= omitted ibid.
HFIFTH SCHEDULE
4Article 3A;8
REMUNERATION AND TERMS AND CONDITIONS OF
SEREICE OF BUD:ES
THE SUPREME COURT
/. 5here shall be paid to the *hief ,ustice of Pakistan a salary of 2s.
/
4@"@AA8 per mensem" and to every
other $udge of the !upreme *ourt a salary of 2s.
/
4@";AA8 per mensem
3
4"or such higher salary as the
president may" from time to time" determine.8
3. Cvery ,udge of the !upreme *ourt shall be entitled to such privileges and allowances" and to such
rights in respect of leave of absence and pension" as may be determined by the President" and until so
determined" to the privileges" allowances and rights to which" immediately before the commencing day"
the ,udges of the !upreme *ourt of Pakistan were entitled.
6
46. 5he pension payable to a retired ,udge of the !upreme *ourt shall" not be less than 2s. /";AA per
mensem or more than 2s. /"@;A per mensem" depending on the length of his service as ,udge in that
*ourt or a High *ourt:
Provided that the President nay" from time to time" raise the minimum or maximum amount of pension
so specified:
B$)e M!#!mm am'#% Ma0!mm Am'#%
*hief $ustice 2s. ="AAA 2s. ?"AAA
>ther ,udges 2s. <"3;A 2s. ="/3;
Lw.e.f. //33AA/" the salary of the *hief ,ustice of Pakistan and other ,udges of the !upreme *ourt has been determined by the
President to be 2s. ;;"AAA and 2s. ;3"AAA respectively vide. P.>. )o. 3 of 3AA3" paragraph 3 0/1" which was previously amended by P.>. )o. @
of /@@/" P.>. )o. 6 of /@@; and P.>. )o. 9 of /@@;.
0w.e.f. 3==/@@/" vide P.>. )o. 3 of /@@=1 the *hief ,ustice and a ,udge of the !upreme *ourt on his retirement or resignation shall
be entitled to the minimum amount of pension e#ual to =AX to the *hief ,ustice of his salary or as the case may be" a ,udge plus ;X of salary
for each completed year of service either as the *hief ,ustice or as the ,udge not exceeding the maximum amount of pension e#ual to ?;X of the
said salary.
/
!ubs. by the *onstitution 05welfth Amdt.1 Act" /@@/ 0/9 of /@@/1" s. 6" for E="@AAF and E="9AAF" which was previously amended by P.>. )o. <
of /@?;" Art. 3 of 0w.e.f. /=/@?61.
3
Added ibid.
6
!ubs. ibid." for Eparagraph 6rd.F
/
49. 5he widow of a ,udge of the !upreme *ourt shall be entitled to a pension at the following rates"
namely:
0a1 %f the ,udge dies after retirement;A per cent of the net pension payable to him; or
0b1 if the ,udge dies after having rendered not less than three yearsJ service as ,udge and while still
serving as such;A per cent of the pension admissible to him at the minimum rate.
;. 5he pension shall be payable to the widow for life or" if she remarries" until her marriage.
<. %f the widow dies" the pension shall be payable;H
0a1 5o the sons of the $udge who are less than twentyone years of age" until they attain that age; and
0b1 5o the unmarried daughters of the ,udge who are less than twentyone years of age" until they attain
that age or are married" whichever first occurs.8
/
Added by P.>. )o. < of /@?;" Art. 3" 0w.e.f. the /
st
,uly" /@?/1.
THE HI:H COURT
/. L5here shall be paid to the *hief ,ustice of a High *ourt a salary of 2s.
/
4@"9AA8 per mensem" and to
every other ,udge of a High *ourt a salary of 2s.
/
4?"9AA8 per mensem
3
4"or such higher salary as the
president may" from time to time" determine.8
3. Cvery ,udge of a High *ourt shall be entitled to such privileges and allowances" and to such rights in
respect of leave of absence and pension" as may be determined by the President" and until so determined"
to the privileges" allowances and rights to which" immediately before the commencing day" the ,udges of
the High *ourt were entitled.
6
46. 5he pension payable to a ,udge of a High *ourt who retires after having put in not less than five
years service as ,udge shall not be less than 2s. /"AAA per mensem or more than 2s. /"=;A per mensem
depending on the length of his service as ,udge and total service" if any" in the service of Pakistan.
Provided that the President nay" from time to time" raise the minimum or maximum amount of pension
so specified:
B$)e M!#!mm am'#% Ma0!mm Am'#%
*hief $ustice 2s.;" <9A 2s. ="A;A
>ther ,udges 2s. ;"A9A 2s. <"6AA
9
49. 5he widow of a $udge of the High *ourt shall be entitled to a pension at the following rates"
namely:
0a1 if the ,udge dies after retirement ;A per cent of the net pension payable to him: or
Lw.e.f. //33AA/" the salary of the *hief ,ustice of High *ourt and other ,udges of a High *ourt has been determined by the
President to be 2s. ;/"AAA and 2s. 9@"AAA respectively vide P.>. )o. 3 of 3AA3. paragraph 3 031" which was previously amended by P.>. )o. @
of /@@/" P.>. )o. 6 of /@@; and P.>. )o. 9 of /@@;.
0w.e.f. 3==/@@/" vide P.>. )o. 6 of /@@=1 the *hief ,ustice and a ,udge of the High *ourt on his retirement or resignation or
removal shall be entitled to the minimum Pension e#ual =AX of the salary on the completion of ; years service for pension as ,udge and an
extra pension Y 3 X of such salary for each subse#uent completed year of service as *hief ,ustice or the ,udge including his service if any the
maximum pension not exceeding ?1X of the salary.
/
!ubs. by the *onstitution 05welfth Amdt.1 Act" /@@/ 0/9 of /@@/1" s. 6" for E="3AAF and E<";AAF" which was previously amended by
P.>. )o. < of /@?;" Art. 3" 0w.e.f. /=/@?61.
3
Added ibid.
6
!ubs. ibid." for Eparagraph 6rdF
9
Added by P.>. )o. < of /@?;" Art. 3" 0w.e.f. the /
st
,uly" /@?/1.
0b1 if the ,udge dies after" having rendered not less than five yearsJ service as ,udge and while still
serving as such;A per cent of the pension admissible to him at the minimum rate.
;. 5he pension shall be payable to the widow for life or" if she remarries" until her marriage.
<. %f the widow dies" the pension shall be payable; H
0a1 5o the sons of the ,udge who are less than twentyone years of age" until they attain that age; and
0b1 5o the unmarried daughters of the ,udge who are less than twentyone years of age" until they attain
that age or are married" whichever first occurs.
/
L L L L L L
/
!ixth !chedule and !eventh omitted by the *onstitution 0Cighteenth Amdt.1 Act" 3A/A 0/A of 3A/A1" s. /A3.
ADDENDUM
Ar%!"le 8/A be-'re &b&%!%%!'#
1
*8/A. D!&>al!-!"a%!'# '# %he )r'#$& '- $e-e"%!'#5 e%". <6A. 0/1 %f a member of a Parliamentary
Party composed of a single political party in a House
0a1 2esigns from membership of his political party or $oins another Parliamentary party; or
0b1 Ootes or abstains from voting in the House contrary to any direction issued by the Parliamentary
Party to which he belongs" in relation to
0i1 Clection of the Prime &inister or the *hief &inister; or
0ii1 A vote of confidence or a vote of noconfidence; or
0iii1 A &oney 7ill;
he may be declared in writing Head of the Parliamentary party to have defected from the political party"
and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding >fficer"
and shall similarly forward a copy thereof to the member concerned :
Provided that before making the declaration" the Head of the Parliamentary Party shall provide such
member with an opportunity to show cause as to why such declaration may not be made against him.
031 A member of a House shall be deemed to be a member of a Parliamentary Party if he" having been
elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the
House or" having been elected otherwise than as a candidate or nominee of a political party" has become
a member of such Parliamentary Party after such election by means of a declaration in writing.
061 Upon receipt of the declaration under clause 0/1" the Presiding >fficer of the House shall within two
days refer the declaration to the *hief Clection *ommissioner who shall lay the declaration before the
/
!ubs. by the *hief CxecutiveKs >rder" 3AA3 039 of 3AA31" Art. 6 and sch." for EArticle <6aF" which was previously amended by Act 39 of /@@=
s. 3.
Clection *ommission for its decision thereonZ confirming the declaration or otherwise within thirty days
of its receipt by the *hief Clection *ommissioner.
091 Where the Clection *ommission confirms the declaration" the member referred to in clause 0/1 shall
cease to be a member of the House and his seat shall become vacant.
0;1 Any party aggrieved by the decision of the Clection *ommission may" within thirty days" prefer an
appeal to the !upreme *oul/ which shall decide the matter within three months from the date of the
filing of the appeal.
0<1 )othing contained in this Article shall apply to the *hairman or !peaker of a House.
0a1 IHouseI means the )ational Assembly or the !enate" in relation to the (ederation; and a Provincial
Assembly in relation to the Province" as the case may be;
0b1 IPresiding >fficerI means the !peaker of the )ational Assembly" the *hairman of the !enate or the
!peaker of the Provincial Assembly" as the case may be.8