AMENDMENT PROCEDURE

1. INTRODUCTION
 PLJ 2015 SC 656
 Detailed guidance for amendment of constitution is provided in chap XI
 Parliament has the authority to amend the constitution
 Pakistani constitution is rigid constitution
2. RELEVANT PROVISIONS
Chap XI Arts. 238 & 239
3. CROSS REFERENCE
Article V of the Constitution of America
4. STATUTORY APPROACH
According to Munro “
5. POWER TO AMEND THE CONSTITUTION FO PAKISTAN U/ART 238
 Parliament may amend the constitution
 Subject to Part XI of constitution
PLD 1977 Lahore. 1426

The sovereignty vests in the people alone (as delegates from God) therefore it is
only the true representatives of the people whose representative capacity is beyond
question, which can lawfully amend the constitution. Hence the parliament seeking to
amend the constitution should be one whose legitimacy is beyond all reasonable doubts
4. CONDITION PRECEDENT TO AMEND THE CONSTITUTION
Amendment Bill
5. PROCEDURE OF AMENDMENT
I.ORIGINATION OF BILL
 National Assembly, or
 Senate
II.REQUIRED MAJORITY TO PASS THE BILL
Principle of 2/3rd majority
III.BILL TO BE TRANSMITTED TO OTHER HOUSE
Options available to other house
 To pass the bill without amendment with 2/3rd majority
 To propose amendment in drafting

IV. ASSENT OF PRESIDENT

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6. PROCEDURE WHERE OTHER HOUSE PROPOSE AMENDMENT IN BILL

I. Passing of new draft with 2/3rd majority
II. Bill to be sent back to the house which originated
III. 2/3rd majority required to pass approved draft
IV. Presentation of bill to president for assent
7. PROCEDURE IN CASE OF SPECIAL AMENDMENT
I. Alteration in limits of province
II. After passing of bill from both house
III. Bill to be sent to relevant provincial assembly
IV. Passing of bill with 2/3rd majority of membership of that provincial
assembly
V. Assent of president
8. NO AMENDMENT TO BE CALLED IN QUESTION U/ART 239 (5)
 No amendment shall be called in question
 By any court of law
 theory of separation of power
9. POWER OF PARLIAMENT TO AMEND THE CONSTITUTION U/ART 239 (6)
The power is unlimited
10. BAR ON PARLIAMENT TO AMEND
No amendment can be made to disturb the basic structure of constitution
11. BASIC STRUCTURE OF CONSTITUTION OF PAKISTAN
According to preamble
I. Islamic state
II. Republic state
III. Sovereignty belong to Allah almighty
IV. Pakistan as federation
V. Independence of judiciary
VI. Autonomy of provinces
VII. Parliamentary form of government
VIII. Bicameralism
IX. Islamic provisions
12. SIGNIFICANCE OF ART 6
I. Any person
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a. Abrogating
b. Subverting
c. Suspending
d. Or holding in abeyance
II. The constitution
a. By use of force
b. Show of force
c. Other unconstitutional means
Is liable to high treason.
13. DIFFERENCE BETWEEN UNCONSTITUTIONAL & EXTRA
CONSTITUTION ACTS
 Unconstitutional means where action is contrary to guidelines as provided in
constitution.
 Extra constitutional means any action in access of powers provided in the
constitution
14. OBJECT OF AMENDMENTS
Object of amendments is to conform the constitution to the changing
environments and new demands and needs of time which could not have been foreseen
by the constitution-makers at the time when constitution was promulgated.

15. SIGNIFICANT AMENDMENTS MADE IN THE CONSTITUTION

Amendment 1 to 19
Make a summary
16. CONCLUSION
PLD 1998 SC 1263
Power to amend the Constitution vesting in the Parliament does not include
power to repeal or abrogate the Constitution.