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INTRODUCTION
PART I
SUMMARY OF AMENDMENTS
The Constitution of Islamic Republic of Pakistan 1973 was unanimously adopted by
the then National Assembly of Pakistan on April 12, 1973 when it was signed by the
President of the Assembly. But soon after the enactment of the Constitution, it had to
undergo a series of amendments which included minor and major amendments. Seven
such amendments were made from May 8, 1974 to May 16, 1977 by the National
Assembly that passed the Constitution.
Martial Law was proclaimed by the then Chief of Army Staff, General Muhammad
Zia-ul-Haq on 5th July, 1977. The 1973 Constitution remained the supreme law of the
land, subject to the condition that certain parts thereof had been held in abeyance on
account of State necessity. The Supreme Court of Pakistan recognized the right of the
Chief Martial Law Administrator to perform all such acts or legislative measures
which were in including the power to amend it, in Begum Nusrat Bhutto Vs. Chief of
Army Staff and Federation of Pakistan. This enabled the then Chief Martial Law
Administrator/President to make series of amendments by issuing amendment Orders
during the period from February, 1979 to January, 1985. Finally major amendments
were made through the Revival of Constitution Order on 17th March 1985. These
amendments changed the whole complexion of the 1973 Constitution.
In 1985, general elections were held on non-party basis. The National Assembly came
into being as a result of these elections. This Assembly made amendments by the
Constitution (Eighth Amendment) Act, 1985.
- 2 - The Constitution (Ninth Amendment) Bill was passed by the Senate in 1986 and
was transmitted to the National Assembly. It was examined by a Select Committee of
the Assembly but before presentation of its report the Assembly was dissolved and the
Bill could not become an Act.
Similarly the Constitution (Eleventh Amendment) Bill could not be finalized because
it was withdrawn from the Senate by its movers. The Constitution (Tenth
Amendment) Act was passed in March 1985 and the Constitution (Twelfth
Amendment) Act on July 1991. A resume of all Constitution amendments made, so
far, is given here:-
- 3 - ACTS
Name of the Act: The Constitution (First Amendment) Act, 1974 [XXXIII of 1974)
Date of enactment: May 8, 1974
Articles amended: 1, 8, 17, 61, 101, 127, 193, 199, 200, 209, 212, 259, 260, 272, and
amendment of First Schedule
Nature of amendment: clauses (2), (3), (4) of Article I were substituted
- Paragraph (h) of clause (3) in Article 8 was amended
- Clause (2) of Article 17 was substituted
- Article 61 amended
- Clause (3) of Article 101 amended
- Article 127 amended
- An Explanation has been added to paragraph (c) of clause (2) in Article 193.
- Clause (3) has been added after clause (2) in Article 200
- The Explanation in clause (2) in Article 209 amended
- In Article 212 minor amendments were made
- Article 259 minor amendments were made
- In clause (1) of Article 260 minor amendments were made
- Minor amendments were made in Article 272
- Substitution was made for Part IV of First Schedule
- Most of amendments were minor. Major amendments related to -
- 7 -Name of the Act: The Constitution (Fifth Amendment) Act, 1976 [ LXII of 1976 ]
Date of enactment: September 15, 1976
Articles amended: 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206,
212, 260, 280 and First Schedule.
Nature of amendments: - Amendments in Article 101 relate to appointment of
Governor for a Province. The same was subsequently omitted.
- Amendment in Article 160 refer to taxes raised under the authority of Parliament.
- Amendment in Article 175 provides for separation of judiciary from executive.
- Amendment in Article 172 refer to retirement of Chief Justice of Pakistan.
- Amendment of Article 180 provides for appointment of Acting Chief Justice of
Pakistan.
- Amendment of Article 187 refer to issue and execution of process of Supreme Court
subject to their jurisdiction.
- Amendment of Article 192 provides for setting up of separate High Court for the
Provinces of Sindh and Baluchistan.
- Amendment of Article 195 refers retirement of Chief Justice of a High Court.
- Amendment of Article 196 refers to appointment of Acting Chief Justice of a High
Court.
- Amendment of Article 199 curtails the jurisdiction of a High Court. The same was
omitted subsequently.
- 8 - Amendment in Article 204 empowers the Superior Courts to punish a person for
contempt of Court.
- Amendment in Article 206 relates to retirement of a judge of High Court if he fails
to accept appointment as a judge of the Supreme Court.
-Name of the Act: The Constitution (Sixth Amendment) Act, 1976 [ LXXXIV of
1976]
Date of enactment: January 4, 1977
Articles Amended: 179, 195, 246, 260
Nature of amendments: - Article 179 and 195 refers to retirement age of Chief Justice
of Pakistan and Chief Justice of a High Court respectively.
- Amendment of Article 246 refer to Provincially and Federally administrated Tribal
Areas.
- Amendment of Article 260 incorporates additional posts or offices in service of
Pakistan.- 9 -
Name of the Act: The Constitution (Seventh Amendment) Act, 1977 [ XXIII of 1977 ]
Date of enactment: May 16, 1977
Articles amended: 101, 245
New Article inserted: 96 A [ceased to remain in force after September 30, 1977]
Nature of amendments: - Article 96 A refers to referendum as to confidence in Prime
Minister.
- Article 101 relates to appointment of Governor the amendment made under this
Article was omitted subsequently.
- under amendment of Article 245, the jurisdiction of the High Court is restricted in
area in which the Armed Forces of Pakistan are, for the time being, acting in aid of
civil power.
........................
Name of the Act: The Constitution (Eight Amendment) Act, 1985 [ XVIII of 1985 ]
Date of enactment: November 11, 1985
Articles amended: 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144,
152 A, 270 A and addition of new Schedule, the Sixth Schedule.
Nature of amendments: Article 152 A which was added through R.C.O. (14 of 1985)
was omitted, Article 270 A was substituted while, a new schedule, the Seventh
Schedule was added.
- 11 -- Insertion of clause (2) in Article 130, provides for appointment of the Chief
Minister by the Governor.
- The substitution of Article 270A is regarding affirmation of Presidents orders
ordinances, Martial Law Regulations/Orders etc. made after July 5, 1977.
THE CONSTITUTION (NINTH AMENDMENT) BILL, 1986
The Constitution (Ninth Amendment) Bill, 1986 which sought to amend Article 2,
203B and 203B and 203D of the Constitution so as to provide that the Injunctions of
Islam shall be the supreme law and source of guidance for legislation and policy-
making and to empower the Federal Shariat Court to make recommendations for
bringing the fiscal laws and laws relating to the levy and collection of taxes in
conformity with the said Injunctions, was originated in, and passed by, the Senate and
transmitted to the National Assembly on 8-7-1986. On a motion moved by Mr. Wasim
Sajjad, the then Minister for Justice and Parliamentary Affairs the Bill was referred to
a Select Committee on 14-12-1986 to submit the report within 30 days. Before the
report could be presented in the House the National Assembly was dissolved on 29-5-
1988 and the Bill lapsed.
Name of the Act: The Constitution (Tenth Amendment) Act, 1987 [ I of 1987 ]
Date of enactment: March 29, 1987
Articles amended: 54 and 61
Nature of amendments: Under amendment of Article 54 and 61 working days in a
year of National Assembly and the Senate were curtailed form 160 to
130. .......................
- 12 - THE CONSTITUTION (ELEVENTH AMENDMENT) BILL,
The Constitution (Eleventh Amendment) Bill, 1989 which sought to restore twenty
women seats in the National Assembly, was introduced in the Senate on 31-12-1989
by Mr. Muhammad Ali Khan, Dr. Noor Jehan Panezai and Syed Faseih Iqbal,
Senators. Report of the Standing Committee was presented on 29-8-1990. The Bill
was withdrawn on 23-8-1992 by its movers after assurance given by the Minister for
Law and Justice that the Government intends to introduce the same Bill very
soon. ...............
Name of the Act: The Constitution (Twelfth Amendment) Act, 1991 [ XIV of 1991 ]
Date of enactment: July 28, 1991
New Article inserted: 212 B
Provisions amended: Fifth Schedule.
Nature of amendments: - Article 212 B provided for establishment of Special Courts
for trial of heinous offences. This Article would cease to form part of the Constitution
on expiry of three years from date of enactment.
- Fifth Schedule amendment deals with salary and other benefits of the Supreme Court
and High Courts Judges.
.........................
- 13 - ORDERS
Name of Order: The Constitution (Amendment) Order, 1979 [ P.O.3 of 1979 ]
Date of Order: February 7, 1979
New Articles inserted: Chapter 3A, under the heading `Shariat Benches of Superior
Courts' containing Articles 203 A 203 B, 203 C, 203 D and 203 E, was inserted.
Nature of amendment: This amendment empowers the Superior Court to examine a
petition/appeal and decide the question, whether or not any law or provision of law is
repugnant to the injunctions of Islam. For the purpose of the exercise of the
jurisdiction conferred by this amendment, one Shariat Bench, consisting of three
Muslim judges of the High Court was constituted in each Superior Court.
Name of the Order: The Constitution (Second Amendment) Order, 1979 [ P.O. 21 of
1979 ]
Date of Order: October 16, 1979
New Article inserted: 212 A
Nature of amendment: The Chief Martial was empowered to establish Military Courts
or Tribunals for trial of offences punishable under the Martial Law Regulations.
....................
- 14 - Name of the Order: The Constitution (Amendment) Order, 1980 [ P.O. I of
1980 ]
Date of the Order: May 27, 1980
Articles amended: 199, Chapter 3 A and Third Schedule
New clauses (3A), (3B) and (3C) after clause (3) of Article 199, were inserted,
Chapter 3A was substituted and third Schedule was amended.
Nature of amendment: Under new clauses of Article 199, the Courts were prohibited
to question Martial Law Regulations/Orders made by Chief Martial Law
Administrator or a Martial Law Administrator. The High Court was not allowed to
make an order relating to the decisions of the Military Courts/ Tribunals. This
amendment also Validated all Presidential Orders, Orders of Chief Martial Law
Administrator, Martial Law Regulations/Orders made on or after the July 5, 1977.
The substitution of Chapter 3A provides for setting up of Federal Shariat Court.
Amendment of Third Schedule to the Constitution provides for form of oath for the
Chairman or member of Federal Shariat Court.
.......................
- 15 - Name of the Order: The Constitution (Second Amendment) Order, 1980 [ P.O.
4 of 1980 ]
Date of the Order: June 21, 1980
Articles amended: 203 C, 203 D, 203 E, and 203 J
New Article inserted: 203 DD
Nature of amendments: The amendments relate to powers, functions and jurisdiction
of the Federal Shariat Court.
Name of the Order: The Constitution (Third Amendment) Order, 1980 [ P.O. 14 of
1980 ]
Date of the Order: September 18, 1980
Article amended: 227
Nature of amendment: An explanation has been added to Article 227 (1) about the
meanings of 'Quran and Sunnah'.
- 16 - Name of the Order: The Constitution (Fourth Amendment) Order, 1980 [ P.O.
16 of 1980 ]
Date of the Order: November 30, 1980
Article amended: 228, clause (2)
Nature of amendment: The maximum number of members of Council of Islamic
Idealogy was enhanced from 15 to 20.
Name of the Order: The Constitution (Amendment) Order, 1981 [ P.O. 5 of 1981 ]
Date of the Order: April 13, 1981
Article amended: 203 E
New Article inserted: 203 CC
Nature of amendment: The new Article 203 CC provides for procedure of drawing up
a panel of Ullma for Federal Shariat Court. This Article was, subsequently, omitted.
The new clause (9) of Article 203 E empowers the Federal Shariat Court to review its
decisions.
- 17 - Name of Order/Article: The Constitution (Second Amendment) Order, 1981
[ P.O. 7 of 1981 ]
Date of Order/Article: May 27, 1981
Article amended: 203 C
Article omitted: 203 CC
Nature of amendment: By substituting clause (2) of Article 203C, the strength of
judges of Shariat Court was enhanced from 5 to 8.
Name of the Order: The Constitution (Third Amendment) Order, 1981 [ P.O.12 of
1981 ]
Date of the Order: October 12, 1981
Article amended: 259
Nature of amendment: The amendment relates to the conferring of awards in
recognition of academic distinction or distinction in the field of sports or nursing.
- 18 - Name of the Order: The Constitution (Fourth Amendment) Order, 1981 [ P.O.
13 of 1981 ]
Date of the Order: November 17, 1981
Provision amended: Fifth Schedule to the Constitution
Nature of amendment: It relates to increase in remuneration of Supreme Court and
High Court judges.
Name of the Order: The Constitution (Amendment) Order, 1982 ( P.O. 2 of 1982 ]
Date of the Order: February 28, 1982
Article amended: 181
Nature of amendment: An explanation was added to clause (1) of Article 181.
It relates to temporary appointment of a retired judge of High Court as a judge of
Supreme Court.
- 19 - Name of the Order: The Constitution (Second Amendment) Order, 1982 [ P.O.
5 of 1982 ]
Date of the Order: March 25, 1982
Articles amended: 203 B, 203 C, 203 D, 203 DD, 203 F, and 208
Articles inserted/ Article 203 GG was inserted and Article omitted: 203 was omitted.
Nature of amendments: The amendments relate to the Federal Shariat Court.
Name of the Order: The Constitution (Third Amendment) Order, 1982 [ P.O. 12 of
1982 ]
Date of the Order: August 15, 1982
Article amended: 203 F
Nature of amendment: The Shariat Appellate Bench was constituted in the Supreme
Court.
- 20 - Name of the Order: The Constitution (Fourth Amendment) Order, 1982 [ P.O.
13 of 1982 ]
Date of the Order: September 22, 1982
Article amended: 228
Nature of amendment: By this amendment, the President was empowered to appoint
one of the members of the Islamic Council of Ideology as Chairman of the Council.
Name of the Order: The Constitution (Amendment) Order, 1983 [ P.O. 4 of 1983 ]
Date of the Order: April 4, 1983
Provision amended: Fifth Schedule to the Constitution
Nature of amendment: It relates to enhancement of remuneration of judges of High
Court and Supreme Court.
- 21 - Name of the Order: The Constitution (Second Amendment) Order, 1983 [ P.O.
7 of 1983 ]
Date of the Order: May 19, 1983
Article amended: 203 B
Nature of amendment: Definition was amended.
Name of the Order: The Constitution (Third Amendment) Order, 1983 [ P.O. 9 of
1983 ]
Date of the Order: July 28, 1983
Article amended: 203 F
Nature of amendment: The time for appeal before the Supreme Court on behalf of the
Federation or Province against the decision of the Shariat Court extended from two
months to six months.
....................
- 22 -Name of the Act: The Constitution (Amendment) Order, 1984 [ P.O. 1 of 1984 ]
Date of the Order: February 14, 1984
Article amended: 203 D
Nature of amendment: A new clause (1A) after clause (1) and a proviso to clause (2)
in Article 203 D has been added
The clause (1A) provides the Federal Government and Provincial Government with an
opportunity, as the case may be, to give its point of view in case the Federal Shariat
Court find any law repugnant to the injunctions of Islam.
The proviso to clause (2) provides that decision of the Shariat Court shall take effect
after the expiration of the period provided for appeal before the Supreme Court.
Name of the Order: The Constitution (Second Amendment) Order, 1984 [ P.O. 2 of
1984 ]
Date of the Order: April 26, 1984
Article amended: 203 B
Nature of amendment: Only word "four" has been substituted by the word "five".
- 23 -Name of the Order: The Constitution (Amendment) Order, 1985 [ P.O. 6 of 1985
Date of the Order: January 17, 1985 Provision amended: Fifth Schedule to the
Constitution Nature of amendment: Remunerations of judges of Supreme Court and
High Court were enhanced.
Name of the Order: The Constitution (Amendment) Order, 1985 [ P.O. II of 1985 ]
Date of the Order: February 24, 1985 New Article inserted: 165 A Nature of
amendment: Parliament was empowered to impose tax on the income of certain
corporations etc.
- 24 -Name of the Order: The Revival of the Constitution of 1973 Order, 1985 [ P.O.
14 of 1985 ] Date of the Order: March 17, 1985 Articles amended: 1, 5, 6,7, 8, 27, 31,
41, 43, 46, 47, 48, 50, 51, 54, 56, 58, 59, 62, 63, 70, 73, 75, 89, 90, 91, 92, 93, 94, 95,
96, 99, 101, 105, 106, 113, 116, 129, 130, 131, 132, 133, 136, 139, 175, 179, 180,
195, 196, 198, 199, 200, 203B, 203C, 204, 213, 232, 242, 243, 255, and the Second
Schedule.
Article omitted: 71, 96, 134, 135, 212A. New Articles inserted: 2A, 152A, 186A,
270A, 270B. Nature of amendments: - The amendment in Article 1 provides for
substitution of words "Majlis-e-Shoora (Parliament)" in place of the word
"Parliament" in the Constitution.
- The insertion of new Article 2A after Article 2, makes the objectives Resolution
substantive part of the Constitution.
- Through amendment in clause (2) of Article 5, the obedience to the Constitution and
law by every citizen has been emphasized by replacing the word "basic" for the word
"inviolable".
- The clause (1) of Article 27, provides for safeguard against discrimination in
services. The first proviso of this clause made its provisions inoperative for the period
of ten years from the day of commencing. By the amendment, this period has been
extended upto twenty years.
- The insertion of word "Ushr" in paragraph (c), of clause (2) of Article 31, provides
for proper organization of Ushr along with zakat, Auqaf and mosques.
- 25 - The Substitution of clause (3) of Article 41 provides for method of election for
the President of Pakistan.
The new clause (7) of Article 41, enabled General Muhammad Zia-ul-Haq, in
consequence of the result of the referendum held on December 19, 1984, to become
President of Pakistan on the day of the first meeting of the Parliament in joint sitting
summoned after the election and to hold office for five years.
- Under amendment of Article 47, after the word "removal", the words "or
impeachment" have been inserted in the marginal heading. The substitution of clauses
(1) of the same Article relate to removal or impeachment of the President.
- The Substitution of the Article 48 added much to the powers of the President.
- The substitution of Article 50, included President as a part of the Parliament.
- Amendments in Article 51 provide for 207 Muslim members and 10 non-muslims in
the National Assembly.
- Amendment in Article 54, provided for three sessions and 160 working days for the
National Assembly in a year.
- Amendments in Article 56, relates to address and messages by the President to the
Parliament.
- Amendment in Article 58, provided for dissolution of the Assembly by the
President.
- Amendments in Article 59 provided for a composition of the Senate.
- 27 - Amendment in Article 106 raised the minimum age of the voter from 18 to 21.
It also brought changes in allocation of seats in Provincial Assemblies.
- By substitution of Article 113 the qualifications and disqualifications for
membership of National Assembly, were made applicable to membership of
Provincial Assemblies.
- Amendment in Article 116 gave the Governors powers, similar to those of the
President, to return a Bill to the Provincial Assembly for reconsideration.
- In view of changes in Articles 129 to 133 the Articles 134 and 135 were omitted.
- Substitution of Articles 129, 130, 131, 132 and 133 provided vesting of executive
authority in the Governor of the Province. It strengthened the Governor vis-a-vis
Chief Minister.
- Substitution of Article 136 changed some conditions for vote of no confidence
against the Chief Minister.
- Substitution of Article 139 enhanced the role of Governor regarding conduct of
business of Provincial Government.
- Insertion of new Article 152A provided for setting up of National Security Council
to make recommendations relating to the issue of a Proclamation of Emergency.
- Amendment of Article 175 extended the period for separation of judiciary from
executive from 5 years to 14 years.
Article I of the Constitution.-ln the Constitution of the Islamic Republic of Pakistan, hereinafter referred
to as the Constitution, in Article I, in clause (2),- (i) in paragraph (b), after semi-colon the word "and"
shall be inserted; (iD paragraph (c) shall be ornifted; and (iii) paragraph (d) shall be renumbered as
paragraph (c) 3. Amendrnent of Article 51 of the Constitution: 342 seats instead of 336 seats
5. Amendment of Article 62 Omission of Article 247 of Constitution.-ln the Constitution, Aaicle 247
shall be omitted. AMJED PERVEZ, Se cre lo rv
23rd Amendment 21st Constitutional amendment was repealed after 2 year for establishing Army
courts. However in some circumstances carry on
22nd Amendment: Amendment in Article 213 to 212 regarding commissioner and civil servant
21st amendment the Constitution (Twenty-First Amendment) Act, 2015: Armed Act
amendment. Anti state element armed courts etc for 2 years
20th Amendment: Election Commission of Pakistan Article 214 to 224 and new Article
224A inserted
Article 175 A of constitution Appointment of the judges of high court and CJ of High
Court, Parlimentary committee etc
15th CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1998: Addition of new Article 2B in the
Constitution 2B. Supremacy of the Quran and Sunnah
11th Amendment: The Constitution (Eleventh Amendment) Bill, 1989 which sought to restore twenty
women seats in the National Assembly, was introduced in the Senate on 31-12-1989 by Mr. Muhammad
Ali Khan, Dr. Noor Jehan Panezai and Syed Faseih Iqbal, Senators. Report of the Standing Committee
was presented on 29-8-1990. The Bill was withdrawn on 23-8-1992 by its movers after assurance given
by the Minister for Law and Justice that the Government intends to introduce the same Bill very soon.
Amendment of Article 54 of the Constitution.
10th Amendment
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in
Article 54, in clause (2) , in the proviso, for the word "sixty” the word "thirty" shall be substituted .
Amendment of Article 61 of the Constitution.
In the Constitution, in Article 61, for the words "one hundred and sixty" the words "one hundred and
thirty” shall be substituted.