General Introduction of Constitution of Pakistan

Constitution of Pakistan on Finger Tips

Constitution Created Ratified Characteristic
Constitution of 1973 19 April, 14 August, 1973 7 Schedule / 12 Chapter, 12 Parts /
1973 Articles 280

Characteristic of Constitution of Pakistan, 1973

Sr.No Characteristic
1 Name of country according to constitution is "ISLAMIC REPUBLIC OF PAKISTAN"
2 According to Article 41 President is head of state
3 Prime minister is the head of government
4 Constitution of Pakistan is consisting of 280 articles
5 President is elected in accordance of 2nd schedule
6 Under article 44 president hold office for 5 years
7 No person holds president office for two consecutive terms
8 Urdu is declare the official language under article 251
9 Arrest person shall be produced before magistrate within 24 hours under article 10
10 Constitution can be amended by the parliament with 2/3 majority
11 There is as multi-party system in Pakistan
12 Senate is the permanent body
13 Chairman & deputy chairman appoint for 3 years
14 In absence of president chairman senate will be acting president and in absence of both
speaker National assembly will be acting president
15 There is 16 seats of technocrats in senate
16 The chairman senate take oath before former chairman senate
17 Presiding officer of senate is chairman or deputy chairman
18 14th amendment closed the door of horse trading
19 The chairman senate summon senate within 14 days of the receipt of requisition
20 Article 265 describe the title of constitution
21 Federal legislative list contains 77 items
22 Residuary powers in Pakistan vest in the hand of province
23 Money bills can only generate in national assembly
24 Total number of seats of national assembly is 342
25 Total number of seats of senate is 104
26 The speaker summons the national assembly after receipt of requisition within 14 days
27 Formal head of province is governor
28 Real head of province is chief minister
29 Parliament is the supreme legislative body of Pakistan
30 President can proclaim emergency
31 Emergency can declare under Article 232
32 8th amendment reduces the power of prime minister during 1980 to 1990
33 Commissioner can take oath under article 214
34 Term of office of chief commissioner is 5 years
35 Commissioner may tender his resignation to president
36 Emergency is of 3 types under constitution 1973
36 The ban on third time prime ministership and chief ministership has been lifted
37 Holding constitution in abeyance is tantamount to third time
38 Chief election commissioner appointed through consensus between treasurer and opposition
39 President not declare emergency rule in any province unilaterally
40 Constitution of Pakistan 1973 was enforce on 14th August, 1973

FUNDAMENTAL RIGHTS UNDER ARTICLE 8-28

Article Description Hint
9 Security of person
10 Safe guard from arrest Arrest
10A Right of fair trial Trial
11 Slavery, forced, labour prohibited
12 Protection against retrospective punishment
13 Protection from double punishment No Double Punishment
14 Inviolability of dignity of man
15 Freedom of movement M
16 Freedom of assembly A
17 Freedom of association A
18 Freedom of trade, business, profession T
19 Freedom of speech S
19A Right of information I
20 Freedom of religion R
21 Safeguard against taxation for purpose of any particular religion
22 Safeguard as to educational institution in respect of religion
23 Provision to property
24 Protection of property right
25 Equality of Citizen
25A Right to Education
26 Non Discrimination in respect of Access to Public places
27 Safe Guard against Discrimination in Services
28 Preservation of Language Script & Culture
 PARLIAMENT UNDER ARTICLE 50-89
Article # Nature Description
50 Definition of parliament Parliament is known as "The Majlis-e-Shoora"
51A Organization of National Assemble Total number of seat in parliament is 236
51B Condition for voters Pakistan citizen & 18 year old
52 Term of National Assembly 5 Years
53 Speaker & Deputy speaker
54(1) Summoning of Either House President summon either house
54(2) Session of National assembly every There should at least 3 session every year
year
54(3) Procedure of summon by speaker Summon by speaker
55(1) Decision taken in National Assembly Voting in assembly and decision
55(2) Quorum of National Assembly It should be one forth of total membership
56 Address by president President address either house
58 Dissolution of National Assembly Dissolution, Power & Function
50 Definition of parliament Parliament is known as "The Majlis-e-Shoora"
51A Organization of National Assemble Total number of seat in parliament is 236
51B Condition for voters Pakistan citizen & 18 year old
52 Term of National Assembly 5 Years
53 Speaker & Deputy speaker
54(1) Summoning of Either House President summon either house
54(2) Session of National assembly every There should at least 3 session every year
year
54(3) Procedure of summon by speaker Summon by speaker
55(1) Decision taken in National Assembly Voting in assembly and decision
55(2) Quorum of National Assembly It should be one forth of total membership
56 Address by president President address either house
58 Dissolution of National Assembly Dissolution, Power & Function

SENATE
Article # Nature Description
59(1) Composition of the senate 104 members of senate
59(2) Procedure of election
59(3) Senate is permanent house Term of member is 6 years
60(1) Chairman & Deputy of senate Elect from amongst its member
60(2) Term of Office of chairman & deputy Term is 3 years
chairman
61 Other provision relation to senate There shall be at least 3 session in year7 Senate
 shall meet for not less than 90 days The quorum is
one fourth of the senate

QUALIFICATION & DISQUALIFICATION OF MEMBERS OF PARLIAMENT

Article # Nature Description
62(1) Qualification of (A) Pakistan citizen
the Members (B) Age not less than 25 year in case of N.A
(C) Age not less than 30 year in case of Senate
(D) Good character
(E) Knowledge of Islamic teaching
(F) Honest &Ameen
(G) Not working against ideology of Pakistan

63(1) Disqualification (A) Unsound mind

for member of (B) Un-discharged insolvent
parliament (C) Ceases to be Pakistan citizen
(D) Holds an office of profit
(E) Service of any statutory body
(F) Disqualify in AJK
(G) Conviction by competent court
(H) Conviction in moral offence
(I) Dismissed from service
(J) Removed from service
(K) Time period from retirement from service unless 2 years lapsed
(L) Member of Hindu undivided family
(M) Hold any office of profit in Pakistan
(N) Obtain loan and unpaid more than 1 year
(O) Defaulter in payment of Government dues
(P) Disqualified from chosen as member of parliament

64 Vacation of Seats Member of parliament submit resignation to speaker or member seat

declare vacant is absent 40 consecutive days of its sitting
65 Oath of Members Member not sit or vote until before oath
66 Privileges of Freedom of speech to member, not liable for any proceedings on
members anything saying or any vote
67 Rules of House make rule for regulating its procedures
proceeding
68 Restriction on No discussion with respect to conduct of judges of supreme court or
discussion in high court
parliament
69 Court not inquire Court not called in question of proceeding
into proceeding
70 Introduction & Presentation of bill in either house
passing of bills
72 Procedure & joint All decision in joint sitting taken by votes
sittings
73 Procedure with Money bill originate in national Assembly
respect to money
bill
74 Federal Govt Financial decision is made with consent of federal government
consent required
for financial
measures
75 President assent to President assent within ten days
bills
76 Bill not to lapse on Bill lapse on dissolution of national assembly
prorogation
77 Tax to be levied by Parliament levied tax only
law
78 Federal All loans, all revenue, all money received are part of consolidated
consolidated fund funds and money deposited in supreme court or any other courts
and public account credited to Public account of the federation
79 Custody of federal Article deals with these funds and public account
consolidated fund
and public account
80 Annual Budget Annual budget laid before national assembly
Statement
81 Expenditure Expenses relate to Supreme court, High court, chief election
charged upon commissioner, chairman & deputy chairman, Speaker & deputy
federal speaker auditor general, administrative expense charge from fund
consolidated funds
82 Procedure relates Its deal with the procedure relate to annual budget
to annual budget
statement
83 Authentication of Prime minister authenticate all grant made by national assembly'
schedule of
authorized
expenditure
84 Supplementary & Federal Govt authorized excess grant
Excess grant
85 Votes on account Federal government has power to authorize expense
86 Power to When national assembly dissolved federal government may
authorized when authorized expenditure
assembly stand
dissolved
87 Secretariats of Each house has separate secretariate. Parliament recruit staff
Parliament
88 Finance Expenditure of national assembly and senate controlled by national
committees assembly
89 Power of president The president may promulgate ordinance.
to promulgate
ordinances

PART VII THE JUDICATURE

CHAPTER 1
The Courts
Article Title Points to remember
175. Establishment and 1 Supreme Court
Jurisdiction of Courts 4 High courts in 4 provinces and 1 in Islamabad total 5 High
Courts
175 A Appointment of Judge of For Appointment of supreme courts commission shall
Supreme Court / High include
Court and Shariat Court Chief justice of Pakistan
4 Senior judges of SC
1 former judge of SC
Federal Law Minister
Attorney General of Pakistan
Senior Advocate of SC

Chapter 2
Supreme Court of Pakistan
176. Constitution of Supreme Supreme with chief justice and as many judges as
Court determined by act of Parliament
177. Appointment of Supreme Appointed by President
Court Judges
178. Oath of office CJ will take Oath before President
179. Retiring age 65
180. Acting Chief Justice President will appoint acting chief justice if chief justice is
absent or unable to perform function or office is vacant
181. Acting Judges President will appoint acting judges if judge of SC is absent
 or unable to perform function or office is vacant
182. Appointment of ad hoc Chief Justice with approval of President will appoint
Judges Adhaoc judges on want of quorum
183. Seat of the Supreme Court Permanent seat in Islamabad & Branch registry in all
provincial capitals
184. Original jurisdiction of High court can issue 5 fundamental writs under article 199
Supreme Court whereas same power is exercised by supreme court u/s 184
185. Appellate jurisdiction of SC can hear appeals in all civil and criminal matters against
Supreme Court High courts if high court altered the decision if high court
confirmed the decision the SC will entertain leave to appeal
u/a 185(3)
186. Advisory jurisdiction On request of President SC will exercise advisory
Jurisdiction
186-A. Power of Supreme Court to SC can transfer any case, appeal or other pending
transfer cases proceeding from one High Court to another
187. Issue and execution of SC can issue order, execute process all over the Pakistan
processes of Supreme Court
188. Review of judgments or SC can also review its own Judgment
orders by the Supreme
Court
189. Decisions of Supreme Court All courts of Pakistan are bound to follow decision of SC * (
binding on other Courts SC= Supreme Court)
190. Action m aid of Supreme All executive and Judicial authorities will aid Supreme court
Court
191. Rules of procedure Supreme court can make its own rules

CHAPTER 3
THE HIGH COURTS
192. Constitution of High Court Chief Justice and as many other judges as required
193. Appointment of High Court CJ and other judges are appointed by President
Judges Qualification of High court Judge
45 Years of Age
10 Years advocate of High court
10 years service as civil servant
District judge for 3 years
Judicial Officer for 10 years
194. Oath of office CJ of HC before Governor
And other Justice before CJ of High court
195. Retiring age 62
196. Acting Chief Justice President will appoint acting judges if judge of HC is absent
 or unable to perform function or office is vacant
197. Additional Judges President will appoint additional judges if judge of HC is
absent or unable to perform function or office is vacant
198. Seat of the High Court Previous seat will remain on same place
199. Jurisdiction of High Court Can Issue Writs of Habeas Corpus on illegal detention
Mandamus …We Command
Quo Warranto… Under what authority you are holding this
office Prohibition …. To stop authorities to act illegally
Certirari….certificate of action
200. Transfer of High Court President may transfer of judge from high court into
Judges another
201. Decision of High Court All subordinate courts of Pakistan are bound to follow the
binding on subordinate decision of HC
Courts
202. Rules of procedure High court will make its own rules
203. High Court to superintend Each High court shall supervise and control all courts
subordinate Courts subordinate to it

SEAT ALLOCATION IN NATIONAL ASSEMBLY

Through 25thamendment in Article 51 of the total number of seats of national assembly was
decreased from 342 to 336.
General Seats Women Seats Total Seats
Balochistan 16 4 20
Khyber 45 10 55
Pakhtunkhwa
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 3

Total 266 60 326

Through 26th Amendment the Seats for KPK are again being increased to 61 and the total
number of 332 seats will be maintained. 10 seats are reserved for minorities which make total
number of seats of national assembly as 342.
 SEAT ALLOCATION IN SENATE
Provinces / General Technocrat/ Women Non- Total
Territories Ulema Muslims

Sindh 14 4 4 1 23
Punjab 14 4 4 1 23
Balochistan 14 4 4 1 23

Khyber 14 4 4 1 23
Pakhtunkhwa
Federal 2 1 1 - 4
Capital
FATA 4 - - - 4
TOTAL 62 17 17 4 100

4 senators of FATA will complete their 6 years duration in 2024 and will not be elected again as
FAT has been merged in KPK and finally the number of members of senate will be 96 as per 25 th
Amendment.