WHEREAS it is expedient further to
amend the Constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing;
AND WHEREAS the people of Pakistan
have relentlessly struggled for democracy and for attaining the ideals
of a Federal, Islamic, democratic, parliamentary and modern progressive
welfare State, wherein the rights of the citizens are secured and the
Provinces have equitable share in the Federation;
AND WHEREAS it is necessary that
the Legal Framework Order, 2002, as amended by the Chief Executive's Order
No. 29 and the Chief Executive's Order No. 32 of 2002, be declared as
having been made without lawful authority and of no legal effect, and
the Constitution (Seventeenth Amendment) Act, 2002 (Act No. III of 2003),
be repealed and the Constitution further amended to achieve the aforesaid
objectives;
| 1. |
Short title and commencement:
| (1) |
This Act may be called
the Constitution (Eighteenth Amendment) Act, 2010 |
(2) It shall come into force at once, save as otherwise provided
in this Act. |
| |
| 2. |
Repeal, etc:
Subject to Article 264 and the provisions of the Constitution (Eighteenth
Amendment) Act, 2010, -
| (a) |
the Legal Framework Order,
2002 (Chief Executive's Order No. 24 of 2002), the Legal
Framework (Amendment) Order, 2002 (Chief Executive's Order
No. 29 of 2002) and the Legal Framework (Second Amendment)
Order, 2002 (Chief Executive's Order No. 32 of 2002),
are hereby declared to have been made without lawful authority
and of no legal effect and, therefore shall stand repealed;
and |
| (b) |
the Constitution (Seventeenth
Amendment) Act, 2003 (Act No. III of 2003), is hereby
repealed. |
|
| |
| 3. |
Amendment of Article 1 of the
Constitution:
In the Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution, in Article 1, in clause (2),
in paragraph (a), for the word "Baluchistan" the word "Balochistan",
for the words "North West Frontier" the words "Khyber Pakhtunkhwa",
and for the word "Sind" the word "Sindh", shall
be substituted. |
| |
| 4. |
Amendment of Article 6 of the
Constitution:
In the Constitution, in Article 6,
| (i) |
for clause (1), the following
shall be substituted, namely:-
| (1) |
Any person
who abrogates or subverts or suspends or holds
in abeyance, or attempts or conspires to abrogate
or subvert or suspend or hold in abeyance,
the Constitution by use of force or show of
force or by any other unconstitutional means
shall be guilty of high treason. |
|
| (ii) |
in clause (2), after the
word "abetting" the word "or collaborating" shall be inserted;
and |
| (iii) |
after clause (2) amended
as aforesaid, the following new clause shall be inserted,
namely:-
| "(2A) |
An act of
high treason mentioned in clause (1) or clause
(2) shall not be validated by any court including
the Supreme Court and a High Court." |
|
|
| |
| 5. |
Insertion of new Article in
the Constitution:
In the Constitution, after Article 10, the following new Article
shall be inserted, namely:-
| "10A. |
Right to fair trial:
For 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." |
|
| |
| 6. |
Substitution of Article 17
of the Constitution:
In the Constitution, for Article 17, the following shall be substituted,
namely:-
| "17. |
Freedom of association:
| (1) |
Every citizen
shall have the right to form associations
or unions, subject to any reasonable restrictions
imposed by law in the interest of sovereignty
or integrity of Pakistan, public order or
morality. |
| |
| (2) |
Every citizen,
not being in the service of Pakistan, shall
have the right to form or be a member of a
political party, subject to any reasonable
restrictions imposed by law in the interest
of the sovereignty or integrity of Pakistan
and such law shall provide that where the
Federal Government declares that any political
party has been formed or is operating in a
manner prejudicial to the soverignty or integrity
of Pakistan, the Federal Government shall,
within fifeen days of such declaration, refer
the matter to the Supreme Court whose decision
on such reference shall be final. |
| |
| (3) |
Every political
party shall account for the source of its
funds in accordance with law." |
|
|
| |
| 7. |
Insertion of new Article in
the Constitution:
In the Constitution, after Article 19, the following new Article
shall be inserted, namely:-
| "19A. |
Right to information:
Every citizen shall have the right to have access to
information in all matters of public importance subject
to regulation and reasonable restrictions imposed
by law." |
|
| |
| 8. |
Amendment of Article 25 of
the Constitution:
In the Constitution, in Article 25, in clause (2), the word "alone" occurring at the end
shall be omitted. |
| |
| 9. |
Insertion of new Article in
the Constitution:
In the Constitution, after Article 25, the following new Article
shall be inserted, namely:-
| "25A. |
Right to education:
The State shall provide free and compulsory education
to all children of the age of five to sixteen years
in such manner as may be determined by law." |
|
| |
| 10. |
Amendment of Article 27 of
the Constitution:
In the Constitution, in Article 27, in clause (1), in the second
proviso, for the full stop at the end a colon shall be substituted
and thereafter the following proviso shall be inserted, namely:-
Provided also
that under-representation of any class or area in the service
of Pakistan may be redressed in such manner as may be determined
by an Act of Majlis-e-Shoora (Parliament)."
|
| |
| 11. |
Amendment of Article 29 of
the Constitution:
In the Constitution, in Article 29, in clause (3), for the word "the
National Assembly" occurring
for the first time the words and brackets, "each House of Majlis-e-Shoora
(Parliament)" shall
be substituted and after the word "National Assembly"
occurring for the second time the words "and the Senate" shall be inserted. |
| |
| 12. |
Amendment of Article 38 of
the Constitution:
In the Constitution, in Article 38,-
| (i) |
in paragraph (e), the
word "and" at the end
shall be omitted; |
| (ii) |
in paragraph (f), for
the full stop at the end a semicolon and the word ";
and" shall
be added and after paragraph (f) amended as aforesaid,
the following new paragraph shall be added, namely:-
| "(g) |
the shares
of the Provinces in all federal services,
including autonomous bodies and corporations
established by, or under the control of, the
Federal Government, shall be secured and any
omission in the allocation of the shares of
the Provinces in the past shall be recitified." |
|
|
| |
| 13. |
Amendment of Article 41 of
the Constitution:
In the Constitution, in Article 41,-
| (i) |
in clause (3), the words,
brackets and figure "to be elected
after the term specificed in clause (7)" shall be omitted;
and |
| (ii) |
clauses (7), (8) and (9)
shall be omitted. |
|
| |
| 14. |
Substitution of Article 46
of the Constitution:
In the Constitution, for Article 46, the following shall be substituted,
namely:-
| "46. |
President to be
kept informed:
The Prime Minister shall keep the President informed
on all matters of internal and foreign policy and
on all legislative proposals the Federal Government
intends to bring before Majlis-e-Shoora (Parliament)." |
|
| |
| 15. |
Amendment of Article 48 of
the Constitution:
In the Constitution, in Article 48,-
| (i) |
in clause (1),-
| (a) |
after the word
"act" the words "on and" shall
be inserted; and |
| (b) |
in the proviso,
after the word "that" the words "within
fifteen days" shall
be inserted and after the word "shall"
the commas and words ", within
ten days, " shall
be inserted; and |
|
| (ii) |
for clause (5) the following
shall be substituted, namely:-.
| (5) |
Where the
President dissolves the National Assembly,
notwithstanding anything contained in clause
(1), he shall-
| (a) |
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 |
| (b) |
appoint
a care-taker Cabinet." |
|
|
| (iii) |
for clause (6) the following
shall be substituted, namely:-
| "(6) |
If at any
time the Prime Minister considers it necessary
to hold a referendum on any matter of national
importance, he may refer the matter to a joint
sitting of the Majlis-e-Shoora (Parliament)
and if it is approved in a joint sitting,
the Prime Minister may cause such matter to
be referred to a referendum in the form of
a question that is capable of being answered
by either "Yes" or "No"." |
|
|
| |
| 16. |
Substitution of Article 51
of the Constitution:
In the Constitution, for Article 51, the following shall be substituted,
and shall be deemed always to have been so substituted with effect
from the 21st day of August, 2002, namely:-
| "51. |
National Assembly:
| (1) |
There shall
be three hundred and forty-two seats for members
in the National Assembly, including seats
reserved for women and non-Muslims. |
| |
| (2) |
A person shall
be entitled to vote if-
| (a) |
he
is a citizen of Pakistan; |
| (b) |
he
is not less than eighteen years of
age; |
| (c) |
his
name appears on the electoral roll;
and |
| (d) |
he
is not declared by a competent court
to be of unsound mind; |
|
| |
| (3) |
The seats
in the National Assembly referred to in clause
(1), except as provided in clause (4), shall
be allocated to each Province, the Federally
Administered Tribal Areas and the Federal
Capital as under-
| |
General
Seats |
Women |
Total |
| Balochistan |
14 |
3 |
17 |
| Khyber Pakhtunkhwa |
35 |
8 |
43 |
| Punjab |
148 |
35 |
183 |
| Sindh |
61 |
14 |
75 |
| Federally
Administered Tribal Areas |
12 |
- |
12 |
| Federal
Capital |
2 |
- |
2 |
| Total |
272 |
60 |
332 |
|
| |
| (4) |
In addition
to the number of seats referred to in clause
(3), there shall be, in the National Assembly,
ten seats reserved for non-Muslims. |
| |
| (5) |
The seats
in the National Assembly shall be allocated
to each Province, the Federally Administered
Tribal Areas and the Federal Capital on the
basis of population in accordance with the
last preceding census officially published. |
| |
| (6) |
For the purpose
of election to the National Assembly,-
| (a) |
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 in accordance
with law; |
| (b) |
each
Province shall be a single constituency
for all seats reserved for women which
are allocated to the respective Provinces
under clause (3); |
| (c) |
the
constituency for all seats reserved
for non-Muslims shall be the whole
country; |
| (d) |
members
to the seats reserved for women which
are allocated to a Province under
clause (3) shall be elected in accordance
with law through proportional representation
system of political parties' lists
of candidates on the basis of total
number of general seats secured by
each political party from the Province
concerned in the National Assembly:
Provided that
for the purpose of this sub-clause
the total number of general seats
won by a political party shall include
the independent returned candidate
or candidates who may duly join such
political party within three days
of the publication in the official
Gazette of the names of the returned
candidates;
|
| (e) |
members
to the seats reserved for non-Muslims
shall be elected in accordance with
law through proportional representation
system of political parties' lists
of candidates on the basis of total
number of general seats won by each
political party in the National Assembly:
Provided that
for the purpose of this sub-clause
the total number of general seats
won by a political party shall include
the independent returned candidate
or candidates who may duly join such
political party within three days
of the publication in the official
Gazette of the names of the returned
candidates."
|
|
|
|
| |
| 17. |
Substitution of Article 58
of the Constitution:
In the Constitution, for Article 58, the following shall be substituted,
namely:-
| "58. |
Dissolution of
the National Assembly:
| (1) |
The President
shall dissolve the National Assembly if so
advised by the Prime Minister; and the National
Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight
hours after the Prime Minister has so advised.
Explanation: Reference
in this Article to "Prime Minister"
shall not be construed to include reference
to a Prime Minister against whom a notice
of a resolution for a note of no-confidence
has been given in the National 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 National Assembly.
|
| |
| (2) |
Notwithstanding
anything contained in clause (2) or Article
48, the President may dissolve the National
Assembly in his discretion where, a vote of
no-confidence having been passed against the
Prime Minister, no other member of the National
Assembly commands the confidence of the majority
of the members of the National Assembly in
accordance with the provisions of the Constitution,
as ascertained in a session of the National
Assembly summoned for the purpose." |
|
|
| |
| 18. |
Substitution of Article 59
of the Constitution:
In the Constitution, for Article 59, the following shall be substituted,
namely:-
| "59. |
The Senate
| (1) |
The Senate
shall consist of one-hundred and four members,
of whom-
| (a) |
fourteen
shall be elected by the members of
each Provincial Assembly; |
| (b) |
eight
shall be elected from the Federally
Administered Tribal Areas, in such
manner as the President may, by Order,
prescribe; |
| (c) |
two
on general seats, and one woman and
one technocrat including aalim shall
be elected from the Federal Capital
in such manner as the President may,
by Order, prescribe; |
| (d) |
four
women shall be elected by the members
of each Provincial Assembly; |
| (e) |
four
technocrats including ulema shall
be elected by the members of each
Provincial Assembly; and |
| (f) |
four
non-Muslims, one from each Province,
shall be elected by the members of
each Provincial Assembly: |
Provided that
paragraph (f) shall be effective from the
next Senate election after the commencement
of the Constitution (Eighteenth Amendment)
Act, 2010.
|
| |
| (2) |
Election to
fill seats in the Senate allocated to each
Province shall be held in accordance with
the system of proportional representation
by means of the single transferable vote. |
| |
| (3) |
The Senate
shall not be subject to dissolution but the
term of its members, who shall retire as follows,
shall be six years:-
| (a) |
of
the members referred to in paragraph
(a) of clause (1), seven shall retire
after the expiration of the first
three years and seven shall retire
after the expiration of the next three
years; |
| (b) |
of
the members referred to in paragraph
(b) of the aforesaid clause, four
shall retire of the expiration of
the first three years and four shall
retire after the expiration of the
next three years; |
| (c) |
of
the members referred to in paragraph
(c) of the aforesaid clause,-
| (i) |
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 |
| (ii) |
one
elected on the seat reserved
for technocrat shall retire
after the first three years
and the one elected on the
seat reserved for women shall
retire after the expiration
of the next three years; |
|
| (d) |
of
the members referred to in paragraph
(d) of the aforesaid clause, two shall
retire after the expiration of the
first three years and two shall retire
after the expiration of the next three
years; |
| (e) |
of
the members referred to in paragraph
(e) 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 |
| (f) |
of
the members referred to in paragraph
(f) 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: |
Provided that
the Election Commission for the first term
of seats for non-Muslims shall draw a lot
as to which two members shall retire after
the first three years.
|
| |
| (4) |
The 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. |
|
|
| |
| 19. |
Amendment of Article 61 of
the Constitution:
In the Constitution, in Article 61, for the word "ninety" the words "one hundred and ten" shall be substituted. |
| |
| 20. |
Substitution of Article 62
of the Constitution:
In the Constitution, for Article 62, the following shall be substituted,
namely:-
| "62. |
Qualifications
for membership of Majlis-e-Shoora (Parliament):
| (1) |
A person shall
not be qualified to be elected or chosen as
a member of Majlis-e-Shoora (Parliament) unless-
| (a) |
he
is a citizen of Pakistan; |
| (b) |
he
is, in the case of the National Assembly,
not less than twenty -five years of
age and is enroled as a voter in any
electoral roll in-
| (i) |
any
part of Pakistan, for election
to a general seat or a seat
reserved for non-Muslims;
and |
| (ii) |
any
area in a Province from which
she seeks membership for election
to a seat reserved for women. |
|
| (c) |
he
is, in the case of Senate, 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 Federal
Capital or the Federally Administered
Tribal Areas, from where he seeks
membership; |
| (d) |
he
is of good character and is not commonly
known as one who violates Islamic
Injunctions; |
| (e) |
he
has adequate knowledge of Islamic
teachings and practises obligatory
duties prescribed by Islam as well
as abstains from major sins ; |
| (f) |
he
is sagacious, righteous and non-profligate,
honest and ameen, there being no declaration
to the contrary by a court of law; |
| (g) |
he
has not, after the establishment of
Pakistan, worked against the integrity
of the country or opposed the ideology
of Pakistan. |
|
| |
| (2) |
The disqualifications
specified in paragraphs (d) and (e) shall
not apply to a person who is a non-Muslim,
but such a person shall have good moral reputation." |
|
|
| |
| 21. |
Substitution of Article 63
of the Constitution:
In the Constitution, for Article 63, the following shall be substituted,
namely:-
| "63. |
Disqualifications
for membership of Majlis-e-Shoora (Parliament):
| (1) |
A person shall
be disqualified from being elected or chosen
as, and from being, a member of the Majlis-e-Shoora
(Parliament), if:-
| (a) |
he
is of unsound mind and has been so
declared by a competent court; or |
| (b) |
he
is an undischarged insolvent; or |
| (c) |
he
ceases to be a citizen of Pakistan,
or acquires the citizenship of a foreign
State; or |
| (d) |
he
holds an office of profit in the service
of Pakistan other than an office declared
by law not to disqualify its holder;
or |
| (e) |
he
is in the service of any statutory
body or any body which is owned or
controlled by the Government or in
which the Government has a controlling
share or interest; or |
| (f) |
being
a citizen of Pakistan by virtue of
section 14B of the Pakistan Citizenship
Act, 1951 (II of 1951), he is for
the time being disqualified under
any law in force in Azad Jammu and
Kashmir from being elected as a member
of the Legislative Assembly of Azad
Jammu and Kashmir; or |
| (g) |
he
has been convicted by a court of competent
jurisdiction for propagating any opinion,
or acting in any manner, prejudicial
to the ideology of Pakistan, or the
sovereignty, integrity or security
of Pakistan, or morality, or the maintenance
of public order, or the integrity
or independence of the judiciary of
Pakistan, or which defames or brings
into ridicule the judiciary or the
Armed Forces of Pakistan, unless a
period of five years has elapsed since
his release; or |
| (h) |
he
has been, on conviction for any offence
involving moral turpitude, senteced
to imprisonment for a term of not
less than two years, unless a period
of five years has elapsed since his
release; or |
| (i) |
he
has been dismissed from the service
of Pakistan or service of a corporation
or office set up or, controlled, by
the Federal Government, Provincial
Government or a Local Government on
the grounds of misconduct, unless
a period of five years has elapsed
since his dismissal; or |
| (j) |
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 Federal Government,
Provincial Government or a Local Government
on the ground of misconduct, unless
a period of three years has elapsed
since his removal or compulsory retirement;
or |
| (k) |
he
has been in the service of Pakistan
or of any statutory body or any body
which is owned or controlled by the
Government or in which the Government
has a controlling share or interest,
unless a period of two years has elapsed
since he ceased to be in such service;
or |
| (l) |
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
Government, for the supply of goods
to, or for the execution of any contract
or for the performance of any service
undertaken by, Government: |
Provided that
the disqualification under this paragraph
shall not apply to a person-
| (i) |
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; |
| (ii) |
where
the contract has been entered into
by or on behalf of a public company
as defined in the Companies Ordinance,
1984 (XLVII of 1984), of which he
is a share-holder but is not a director
holding an office of profit under
the company; or |
| (iii) |
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 |
Explanation:- In this Article "goods"
does not include agricultural produce or commodity
grown or produced by him or such goods as
he is, under any directive of Government or
any law for the time being in force, under
a duty or obligation to supply.
| (m) |
he
holds any office of profit in the
service of Pakistan other than the
following offices, namely :-
| (i) |
an
office which is not whole
time office remunerated either
by salary or by fee; |
| (ii) |
the
office of Lumbardar, whether
called by this or any other
title; |
| (iii) |
the
Qaumi Razakars; |
| (iv) |
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 Force; or |
|
| (n) |
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 |
| (o) |
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 |
| (p) |
he
is for the time being disqualified
from being elected or chosen as a
member of the Majlis-e-Shoora (Parliament)
or of a Provincial Assembly under
any law for the time being in force.
Explanation: For
the purposes of this paragraph "law"
shall not include an Ordinance promulgated
under Article 89 or Article 128.
|
|
| |
| (2) |
If any question
arises whether a member of Majlis-e-Shoora
(Parliament) has become disqualified from
being a member, the Speaker or, as the case
may be, the Chairman shall, unless he decides
that no such question has arisen, refer the
question to the Election Commission within
thirty days and should he fail to do so within
the aforesaid period it shall be deemed to
have been referred to the Election Comission. |
| |
| (3) |
The Election
Commission shall decide the question within
ninety days from its receipt or deemed to
have been received and if it is of the opinion
that the member has become disqualified, he
shall cease to be a member and his seat shall
become vacant." |
|
|
| |
| 22. |
Substitution of Article 63A
of the Constitution:
In the Constitution, for Article 63A, the following shall be substituted,
namely:-
| "63A. |
Disqualification
on grounds of defection, etc.
| (1) |
If a member
of a Parliamentary Party composed of a single
political party in a House-
| (a) |
resigns
from membership of his political party
or joins another Parliamentary Party;
or |
| (b) |
votes
or abstains from voting in the House
contrary to any direction issued by
the Parliamentary Party to which he
belongs, in relations to-
| (i) |
election
of the Prime Minister or the
Chief Minister; or |
| (ii) |
a
vote of confidence or a vote
of no-confidence; or |
| (iii) |
a
Money Bill or a Constitution
(Amendment) Bill; |
|
he may be declared in writing by the Party
Head to have defected from the political party,
and the Head of the Parliamentary Party may
forward a copy of the declaration to the Presiding
Officer, and shall similarly forward a copy
thereof to the member concerned:
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.
Explanation: "Party
Head" means any person, by whatever name
called, declared as such by the Party.
|
| |
| (2) |
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. |
| |
| (3) |
Upon receipt
of the declaration under clause (1), the Presiding
Officer of the House shall within two days
refer the declaration to the Chief Election
Commissioner who shall lay the declaration
before the Election Commission for its decision
thereon confirming the declaration or otherwise
within thirty days of its receipt by the Chief
Election Commissioner. |
| |
| (4) |
Where the
Election Commission confirms the declaration,
the member referred to in clause (1) shall
cease to be a member of the House and his
seat shall become vacant. |
| |
| (5) |
Any party
aggrieved by the decision of the Election
Commission may within thirty days, prefer
an appeal to the Supreme Court which shall
decide the matter within ninety days from
the date of the filing of the appeal. |
| |
| (6) |
Nothing contained
in this Article shall apply to the Chairman
or Speaker of a House. |
| |
| (7) |
For the purpose
of this Article -
| (a) |
"House"
means the National Assembly or the
Senate in relation to the Federation
and a Provincial Assembly in relation
to the Province, as the case may be. |
| (b) |
"Presiding
Officer" means the Speaker of
the National Assembly, the Chairman
of the Senate or the Speaker of the
Provincial Assembly, as the case may
be. |
|
| |
| (8) |
Article 63A
substituted as aforesaid shall come into effect
from the next general elections to be held
after the commencement of the Constitution
(Eighteenth Amendment) Act, 2010:
Provided that
till Article 63A substituted as aforesaid
comes into effect the provisions of existing
Article 63A shall remain operative."
|
|
|
| |
| 23. |
Substitution of Article 70
of the Constitution:
In the Constitution, for Article 70, the following shall be substituted,
namely:-
| "70. |
Introduction and
passing of Bills:
| (1) |
A Bill with
respect to any matter in the Federal Legislative
List may originate in either House and shall,
if it is passed by the House in which it originated,
be transmitted to the other House; and, if
the Bill is passed without amendment, by the
other House also, it shall he presented to
the President for assent. |
| |
| (2) |
If a Bill
transmitted to a House under clause (1) is
passed with amendments it shall be sent back
to the Hosue in which it originated and if
that House passes the Bill with those amendments
it shall be presented to the President for
assent. |
| |
| (3) |
If a Bill
transmitted to a House under clause (1) is
rejected or is not passed within ninety days
of its laying in the House or a Bill sent
to a House under clause (2) with amendments
is not passed by that House with such amendments,
the Bill, at the request of the House in which
it originated, shall be considered in a joint
sitting and if passed by the votes of the
majority of the members present and voting
in the joint sitting it shall be presented
to the President for assent. |
| |
| (4) |
In this Article
and the succeeding provisions of the Constitution,
"Federal Legislative List" means
the Federal Legislative List and the in the
Fourth Schedule." |
|
|
| |
| 24. |
Omission of Article 71 of the
Constitution:
In the Constitution, Article 71 shall be omitted. |
| |
| 25. |
Amendment of Article 73 of
the Constitution:
In the Constitution, in Article 73,-
| (i) |
for clause (1) the following
shall be substituted, namely:-
| "(1) |
Notwithstanding
anything contained in Article 70, a Money
Bill shall originate in the National Assembly:
Provided that
simultaneously when a Money Bill, including
the Finance Bill containing the Annual Budget
Statement, is presented in the National Assembly,
a copy thereof shall be transmitted to the
Sentate which may, within fourteen days, make
recommendations thereon to the National Assembly."
|
; and |
| (ii) |
after clause (1) substituted
as aforesaid, the following new clause shall be inserted,
namely:-
| (1A) |
The National
Assembly shall consider the recommendations
of the Senate and after the Bill has been
passed by the Assembly with or without incorporating
the recommendations of the Senate, it shall
be presented to the President for assent." |
|
|
| |
| 26. |
Amendment of Article 75 of
the Constitution:
In the Constitution, in Article 75,-
| (i) |
in clause (1), for the
word "thirty", the word "ten" shall
be substituted; |
| (ii) |
for clause (2), the following
shall be substited, namely:-
| (2) |
When the President
has returned a Bill to the Majlis-e-Shoora
(Parliament), it shall be reconsidered by
the Majlis-e-Shoora (Parliament) in joint
sitting and, if it is again passed, with or
without amendment, by the Majlis-e-Shoora
(Parliament), by the votes of the majority
of the members of both Houses present and
voting; it shall be deemed for the purposes
of the Constitution to have been passed by
both Houses and shall be presented to the
President, and the President shall give his
assent within ten days, failing which such
assent shall be deemed to have been given." |
;and |
| (iii) |
in clause (3), after the
word "assented", the words "or is deemed
to have assented", shall be inserted. |
|
| |
| 27. |
Amendment of Article 89 of
the Constitution:
In the Constitution, in Article 89,-
| (i) |
in clause (1), before
the words "National Assembly" the words "Senate
or" shall
be inserted; |
| (ii) |
in clause (2), in paragraph
(a),-
| (a) |
in sub-paragraph
(i), for the words "four
months" the
words "one hundred
and twenty days" shall
be substituted; and for the semi-colon at the
end a colon shall be substituted and thereafter
the following proviso shall be inserted, namely:-
Provided that
the National Assembly may by a resolution
extend the Ordinance for a further period
of one hundred and twenty days and 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 the Assembly, upon the passing of that
resolution:
Provided further
that extension for further period may be made
only once."
;and |
| (b) |
in sub-paragraph
(ii), for the words "four
months" the
words "one hundred
and twenty days" shall
be substituted and for the semi-colon and the
word "; and" at
the end a colon shall be substituted and thereafter
the following provisos shall be inserted, namely:-
Provided that
either House may by a resolution extend it
for a further period of one hundred and twenty
days and 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 further
that extension for a further period may be
made only once.
|
|
| (iii) |
for clause (3), the following
shall be substituted, namely:-
| (3) |
Without prejudice
to the provisions of clause (2),-
| (a) |
an
Ordinance laid before the National
Assembly under sub-paragraph (i) of
paragraph (a) of clause (2) shall
be deemed to be a Bill introduced
in the National Assembly; and |
| (b) |
an
Ordinance laid before both Houses
under sub-paragraph (ii) of paragraph
(a) of clause (2) shall be deemed
to be a Bill introduced in the House
where it was first laid." |
|
|
|
| |
| 28. |
Substitution of Article 90
of the Constitution:
In the Constitution, for Article 90, the following shall be substituted,
namely:-
| "90. |
The Federal Government:
| (1) |
Subject to
the Constitution, the executive authority
of the Federation shall be exercised in the
name of the President by the Federal Government,
consisting of the Prime Minister and the Federal
Ministers, which shall act through the Prime
Minister, who shall be the chief executive
of the Federation. |
| |
| (2) |
In the performance
of his functions under the Constitution, the
Prime Minister may act either directly or
through the Federal Ministers." |
|
|
| |
| 29. |
Substitution of Article 91
of the Constitution:
In the Constitution, for Article 91, the following shall be substituted,
namely:-
| "91. |
The Cabinet:
| (1) |
There shall
be a Cabinet of Ministers, with the Prime
Minister at its head, to aid and advise the
President in the exercise of his functions. |
| |
| (2) |
The National
Assembly shall meet on the twenty-first day
following the day on which a general election
to the Assembly is held, unless sooner summoned
by the President. |
| |
| (3) |
After the
election of the Speaker and the Deputy Speaker,
the National Assembly shall, to the exclusion
of any other business, proceed to elect without
debate one of its Muslim members to be the
Prime Minister. |
| |
| (4) |
The Prime
Minister shall be elected by the votes of
the majority of the total membership of the
National Assembly:
Provided that,
if no member secures such majority 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 majority of votes of the members
present and voting shall be declared to have
been elected as Prime Minister:
Provided further
that, if the number of votes secured by two
or more members securing the highest number
of votes is equal, further poll shall be held
between them until one of them secures a majority
of votes of the members present and voting.
|
| |
| (5) |
The member
elected under clause (4) shall be called upon
by the President to assume the office of Prime
Minister and he shall, before entering upon
the office, make before the President oath
in the form set out in the Third Schedule:
Provided that
there shall be no restriction on the number
of terms for the office of the Prime Minister.
|
| |
| (6) |
The Cabinet,
together with the Ministers of State, shall
be collectively responsible to the Senate
and the National Assembly. |
| |
| (7) |
The Prime
Minister shall hold office during the pleasure
of the President, but the President shall
not exercise his powers under this clause
unless he is satisfied that the Prime Minister
does not command the confidence of the majority
of the members of the National Assembly, in
which case he shall summon the National Assembly
and require the Prime Minister to obtain a
vote of confidence from the Assembly. |
| |
| (8) |
The Prime
Minister may, by writing under his hand addressed
to the President, resign his office. |
| |
| (9) |
A Minister
who for any period of six consecutive months
is not a member of the National Assembly shall,
at the expiration of that period, cease to
be a Minister and shall not before the dissolution
of that Assembly be again appointed a Minister
unless he is elected a member of that Assembly:
Provided that
nothing in this clause shall apply to a Minister
who is a member of the Senate.
|
| |
| (10) |
Nothing in
this Article shall be construed as disqualifying
the Prime Minister or any other Minister or
a Minister of State for continuing in office
during any period during which the National
Assembly stands dissolved, or as preventing
the appointment of any person as Prime Minister
or other Minister or a Minister of State during
any such period." |
|
|
| |
| 30. |
Amendment of Article 92 of
the Constitution:
In the Constitution, in Article 92, in clause (1),-
| (i) |
for the brackets and figures "(7)
and (8)" the
brackets and figures "(9) and (10)" shall be substituted;
and |
| (ii) |
in the proviso, for full
stop at the end a colon shall be substituted and thereafter
the following provisos shall be inserted, namely:-
Provided further
that the total strength of the Cabinet, including
Ministers of State, shall not exceed eleven percent
of the total membership of Majlis-e-Shoora (Parliament):
Provided also
that the aforesaid amendment shall be effective from
the next general election held after the commencement
of the Constitution (Eighteenth Amendment) Act, 2010."
|
|
| |
| 31. |
Amendment of Article 99 of
the Constitution:
In the Constitution, in Article 99,-
| (i) |
in clause (2), for the
word "President" occurring for
the first time the words "Federal Government" shall be substituted
and for the words "in his name" the words "in
the name of the President" shall
be substituted; and |
| (ii) |
for clause (3), the following
shall be substituted, namely:-
| (3) |
The Federal
Government shall also make rules for the allocation
and transaction of its business. |
|
|
| |
| 32. |
Amendment of Article 100 of
the Constitution:
In the Constitution, in Article 100, in clause (2), after the word
"President" the words "and shall not engage
in private practice so long as he holds the office of the Attorney-General" shall be added. |
| |
| 33. |
Amendment of Article 101 of
the Constitution:
In the Constitution, in Article 101,-
| (i) |
for clause (1) the following
shall be substituted, namely:-
| "(1) |
There shall
be a Governor for each Province, who shall
be appointed by the President on the advice
of the Prime Minister. |
|
| (ii) |
in clause (2), after the
word "age" the words "and is a registered
voter and resident of the Province concerned" shall be added. |
|
| |
| 34. |
Substitution of Article 104
of the Constitution:
In the Constitution, for Article 104, the following shall be substituted,
namely:-
| "104. |
Speaker Provincial
Assembly to act as, or perform functions of Governor
in his absence:
When the Governor, by reason of absence from Pakistan
or for any other cause, is unable to perform his functions,
the Speaker of the Provincial Assembly and in his
absence any other person as the President may nominate
shall perform the functions of Governor until the
Governor returns to Pakistan or, as the case may be,
resumes his functions." |
|
| |
| 35. |
Amendment of Article 105 of
the Constitution:
In the Constitution, in Article 105,-
| (i) |
in clause (1), after the
word "act" the words "on and" shall be inserted,
and in the proviso, after the word "that" the
words "within fifteen
days" shall
be inserted and after the word "shall" the commas
and words ", within ten
days, " shall
be inserted; and |
| (ii) |
for clause (3) the following
shall be substituted, namely:-
| (3) |
Where the
Governor dissolves the Provincial Assembly,
notwithstanding anything contained in clause
(1), he shall,-
| (a) |
appoint
a date, not later than ninety days
from the date of dissolution, for
the holding of a general election
to the Assembly; and |
| (b) |
appoint
a care-taker Cabinet." |
|
; and |
| (iii) |
clause (4) shall be omitted. |
|
| |
| 36. |
Substitution of Article 106
of the Constitution:
In the Constitution, for Article 106, the following shall be substituted,
and shall be deemed always to have been so substituted with effect
from 21st day of August, 2002, namely:-
| "106. |
Constitution of
Provincial Assemblies:
| (1) |
Each Provincial
Assembly shall consist of general seats and
seats reserved for women and non-Muslims as
specified herein below:-
| |
General
seats |
Women |
Non-Muslims |
Total |
| Balochistan |
51 |
11 |
3 |
65 |
| Khyber Pakhtunkhwa |
99 |
22 |
3 |
124 |
| Punjab |
297 |
66 |
8 |
371 |
| Sindh |
130 |
29 |
9 |
168 |
|
| |
| (2) |
A person shall
be entitled to vote if-
| (a) |
he
is a citizen of Pakistan; |
| (b) |
he
is not less than eighteen years of
age; |
| (c) |
his
name appears on the electoral roll;
and |
| (d) |
he
is not declared by a competent court
to be of unsound mind. |
|
| |
| (3) |
For the purpose
of election to the Provincial Assembly,-
| (a) |
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; |
| (b) |
each
Province shall be a single constituency
for all seats reserved for women and
non-Muslims allocated to the respective
Provinces under clause (3); |
| (c) |
the
members to fill seats reserved for
women and non-Muslims allocated to
a Province under clause (1) shall
be elected in accordance with law
through proportional representation
system of political parties' lists
of candidates on the basis of total
number of general seats secured by
each political party in the Provincial
Assembly:
Provided that
for the purpose of this sub-clause
the total number of general seats
won by a political party shall include
the independent returned candidate
or candidates who may duly join such
political party within three days
of the publication in the official
Gazette of the names of the returned
candidates."
|
|
|
|
| |
| 37. |
Substitution of Article 112
of the Constitution:
In the Constitution, for Article 112, the following shall be substituted,
namely:-
| "112. |
Dissolution of
Provincial Assembly:
| (1) |
The Governor
shall dissolve the Provincial Assembly if
so advised by the Chief Minister; and the
Provincial Assembly shall, unless sooner dissolved,
stand dissolved at the expiration of forty-eight
hours after the Chief Minister has so advised.
Explanation: Reference
in this Article to 'Chief Minister' shall
not be construed to include reference to a
Chief Minister against whom a notice of a
resolution for a vote of no-confidence has
been given in the Provincial Assembly but
has not been voted upon or against whom a
resolution for a vote of no-confidence has
been passed.
|
| |
| (2) |
The Governor
may also dissolve the Provincial Assembly
in his discretion, but subject to previous
approval by the President, where a vote of
no-confidence having been passed against the
Chief Minister, no other member of the Provincial
Assembly commands the confidence of the majority
of the members of the Provincial Assembly
in accordance with the provisions of the Constitution,
as ascertained in a session of the Provincial
Assembly summoned for the purpose." |
|
|
| |
| 38. |
Amendment of Article 116 of
the Constitution:
In the Constitution, in Article 116,-
| (i) |
in clause (2), for the
word "thirty",
the word "ten" shall be substituted; |
| (ii) |
in clause (3), for the
words "not withhold
his assent therefrom" the
words "give his assent
within ten days, failing with such assent shall be deemed
to have been given" shall
be substituted; and |
| (iii) |
in clause (4), after the
word "assented" the words "or is deemed
to have assented" shall
be inserted. |
|
| |
| 39. |
Amendment of Article 122 of
the Constitution:
In the Constitution, in Article 122, in clause (2), proviso shall
be omitted. |
| |
| 40. |
Amendment of Article 127 of
the Constitution:
In the Constitution, in Article 127, in paragraph (g), for the
word "seventy" the words "one hundred" shall be substituted. |
| |
| 41. |
Amendment of Article 128 of
the Constitution:
In the Constitution, in Article 128, in clause (2), in paragraph
(a), for the words "three months" the words "ninety days" shall be substituted
and for the semi-colon and the word ";
and" at the end a colon shall be substituted and thereafter
the following provisos shall be inserted, namely:-
Provided that
the Provincial Assembly may by a resolution extend the Ordinance
for a further period of one hundred and twenty days and 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 the Assembly, upon the passing of that resolution:
Provided further
that extension for further period may be made only once."
|
| |
| 42. |
Substitution of Article 129
of the Constitution:
In the Constitution, for Article 129, the following shall be substituted,
namely:-
| "129. |
The Provincial
Government:
| (1) |
Subject to
the Constitution, the executive authority
of the Province shall be exercised in the
name of the Governor by the Provincial Government,
consisting of the Chief Minister and Provincial
Ministers, which shall act through the Chief
Minister. |
| |
| (2) |
In the performance
of his functions under the Constitution, the
Chief Minister may act either directly or
through the Provincial Ministers." |
|
|
| |
| 43. |
Substitution of Article 130
of the Constitution:
In the Constitution, for Article 130, the following shall be substituted,
namely:-
| "130. |
The Cabinet:
| (1) |
There shall
be a Cabinet of Ministers, with the Chief
Minister at its head, to aid and advise the
Governor in the exercise of his functions. |
| |
| (2) |
The Provincial
Assembly shall meet on the twenty-first day
following the day on which a general election
to the Assembly is held, unless sooner summoned
by the Governor. |
| |
| (3) |
After the
election of the Speaker and the Deputy Speaker,
the Provincial Assembly shall, to the exclusion
of any other business, proceed to elect without
debate one of its members to be the Chief
Minister. |
| |
| (4) |
The Chief
Minister shall be elected by the votes of
the majority of the total membership of the
Provincial Assembly:
Provided that,
if no member secures such majority 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 majority of votes of the members
present and voting shall be declared to have
been elected as Chief Minister:
Provided further
that, if the number of votes secured by two
or more members securing the highest number
of votes is equal, further polls shall be
held between them until one of them secures
a majority of votes of the members present
and voting.
|
| |
| (5) |
The member
elected under clause (4) shall be called upon
by the Governor to assume the office of Chief
Minister and he shall, before entering upon
the office, make before the President oath
in the form set out in the Third Schedule:
Provided that
there shall be no restriction on the number
of terms for the office of the Chief Minister.
|
| |
| (6) |
The Cabinet
shall be collectively responsible to the Provincial
Assembly and the total strength of the Cabinet
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 Constitution (Eighteenth Amendment)
Act, 2010.
|
| |
| (7) |
The Chief
Minister shall hold office during the pleasure
of the Governor, but the Governor shall not
exercise his powers under this clause unless
he is satisfied that the Chief Minister does
not command the confidence of the majority
of the members of the Provincial Assembly,
in which case he shall summon the Provincial
Assembly and require the Chief Minister to
obtain a vote of confidence from the Assembly. |
| |
| (8) |
The Chief
Minister may, by writing under his hand addressed
to the Governor, resign his office. |
| |
| (9) |
A Minister
who for any period of six consecutive months
is not a member of the Provincial Assembly
shall, at the expiration of that period, cease
to be a Minister and shall not before the
dissolution of that Assembly be again appointed
a Minister unless he is elected a member of
that Assembly. |
| |
| (10) |
Nothing in
this Article shall be construed as disqualifying
the Chief Minister or any other Minister for
continuing in office during any period during
which the Provincial Assembly stands dissolved,
or as preventing the appointment of any person
as Chief Minister or other Minister during
any such period." |
| |
| (11) |
The Chief
Minister shall not appoint more than five
Advisers." |
|
|
| |
| 44. |
Substitution of Article 131
of the Constitution:
In the Constitution, for Article 131, the following shall be substituted,
namely:-
| "131. |
Governor to be
kept informed:
The Chief Minister shall keep the Governor informed
on matters relating to Provincial administration and
on all legislative proposals the Provincial Government
intends to bring before the Provincial Assembly." |
|
| |
| 45. |
Amendment of Article 132 of
the Constitution:
In the Constitution, in Article 132, in clause (1), for the brackets
and figures "(7) and (8)" the brackets and figures "(9)
and (10)" shall,
respectively, be substituted |
| |
| 46. |
Amendment of Article 139 of
the Constitution:
In the Constitution, in Article 139,-
| (i) |
in clause (2), for the
word "Governor" occurring for
the first time the words "Provincial Government" shall be substituted
and for the words "in his name" the words "in
the name of Governor" shall
be substituted; and |
| (ii) |
for clause (3), the following
shall be substituted, namely:-
| (3) |
The Provincial
Government shall also make rules for the allocation
and transaction of its business. |
|
|
| |
| 47. |
Amendment of Article 140 of
the Constitution:
In the Constitution, in Article 140, in clause (3), after the word
"Governor" occurring at the end, the words "and shall not engage
in private practice so long as he holds the office of the Advocate-General" shall be added. |
| |
| 48. |
Insertion of new Article in
the Constitution:
In the Constitution, after Article 140, amended as aforesaid, the
following new Article shall be inserted, namely:-
| "140A. |
Local Government:
| (1) |
Each Province
shall, by law, establish a local government
system and devolve political, administrative
and financial responsibility and authority
to the elected representatitves of the local
governments. |
| |
| (2) |
Elections
to the local governments shall be held by
the Election Commission of Pakistan. |
|
|
| |
| 49. |
Amendment of Article 142 of
the Constitution:
In the Constitution, in Article 142,-
| (i) |
for paragraph (b) the
following shall be substituted, namely:-
| "(b) |
Majlis-e-Shoora
(Parliament) and a Provincial Assembly shall
have power to make laws with respect to criminal
law, criminal procedure and evidence." |
|
| (ii) |
for paragraph (c) the
following shall be substituted, namely:-
| "(c) |
Subject to
paragraph (b), a Provincial Assembly shall,
and Majlis-e-Shoora (Parliament) shall not,
have power to make laws with respect to any
mattter not enumerated in the Federal Legislative
List." |
|
| (ii) |
for paragraph (d) the
following shall be substituted, namely:-
| "(d) |
Majlis-e-Shoora
(Parliament) shall have exclusive power to
make laws with respect to all matters pertaining
to such areas in the Federation as are not
included in any Province." |
|
|
| |
| 50. |
Substitution of Article 143
of the Constitution:
In the Constitution, for Article 143, the following shall be substituted,
namely:-
| "143. |
Inconsistency between
Federal and Provincial Law:
If any provision of an Act of a Provincial Assembly
is repugnant to any provision of an Act of Majlis-e-Shoora
(Parliament) which Majlis-e-Shoora (Parliament) is
competent to enact, then the Act of Majlis-e-Shoora
(Parliament), whether passed before or after the Act
of the Provincial Assembly, shall prevail and the
Act of the Provincial Assembly shall, to the extent
of the repugnancy, be void." |
|
| |
| 51. |
Amendment of Article 144 of
the Constitution:
In the Constitution, in Article 144,-
| (i) |
for the word "two" the word "one" shall be substituted;
and |
| (ii) |
for the words "either List" the words "the
Federal Legislative List", shall be substituted. |
|
| |
| 52. |
Amendment of Article 147 of
the Constitution:
In the Constitution, in Article 147, for the full stop at the end
a colon shall be substituted and thereafter the following proviso
shall be added, namely:-
Provided that
the Provincial Government shall get the functions so entrusted
ratified by the Provincial Assembly within sixty days."
|
| |
| 53. |
Amendment of Article 149 of
the Constitution:
In the Constitution, in Article 149, clause (2) shall be omitted. |
| |
| 54. |
Amendment of Article 153 of
the Constitution:
In the Constitution, in Article 153,-
| (i) |
for clause (2) the following
shall be substituted, namely:-
| "(2) |
The Council
shall consist of-
| (a) |
the
Prime Minister who shall be the Chairman
of the Council; |
| (b) |
the
Chief Ministers of the Provinces; |
| (c) |
three
members from the Federal Government
to be nominated by the Prime Minister
from time to time." |
|
|
| (ii) |
clause (3) shall be omitted;
and |
| (iii) |
in clause (4), after the
word "Parliament" occurring in the brackets
at the end, the words "and shall submit
an Annual Report to both Houses of Majlis-e-Shoora (Parliament)" shall be added. |
|
| |
| 55. |
Amendment of Article 154 of
the Constitution.-
In the Constitution, in Article 154,-
| (i) |
for clause (1), the following
shall be substituted, namely:-
| (1) |
The Council
shall formulate and regulate policies in relation
to matters in Part II of the Federal Legislative
List and shall exercise supervision and control
over related institutions." |
|
| (ii) |
Clauses (2), (3), (4)
and (5) shall be renumbered as clauses (4), (5), (6) and
(7), respectively, and after clause (1) amended as aforesaid,
the following new clauses shall be inserted, namely:-
| (2) |
The Council
shall be constituted within thirty days of
the Prime Minister taking oath of office. |
| |
| (3) |
The Council
shall have a permanent Secretariat and shall
meet at least once in ninety days:
Provided that
the Prime Minister may convene a meeting on
the request of a Province on an urgent matter."
|
|
|
| |
| 56. |
Amendment of Article 155 of
the Constitution.-
In the Constitution, for Article 155, in clause (1) after the word
"supply" the words "or reservoir" shall be inserted. |
| |
| 57. |
Substitution of Article 156
in the Constitution.
In the Constitution, for Article 156, the following shall be substituted,
namely:-
| 156. |
National Economic
Council
| (1) |
The President
shall constituted a National Economic Council
which shall consist of-
| (a) |
the
Prime Minister, who shall be the Chairman
of the Council; |
| (b) |
the
Chief Ministers and one member from
each Province to be nominated by the
Chief Minister; and |
| (c) |
four
other members as the Prime Minister
may nominate from time to time. |
|
| |
| (2) |
The National
Economic Council shall review the overall
condition of the country and shall, for advising
the Federal Government and the Provincial
Governments, forumulate plans in respect of
financial, commercial, social and economic
policies; and in formulating such plans it
shall, amongst other factors, ensure balanced
development and regional equity and shall
also be guided by the Principles of Policty
set out in Chapter 2 of Part-II. |
| |
| (3) |
The meetings
of the Council shall be summoned by the Chairman
or on a requisition made by one-half of the
members of the Council. |
| |
| (4) |
The Coucil
shall meet at least twice in a year and the
quorum for a meeting of the Council shall
be one-half of its total membership. |
| |
| (5) |
The Council
shall be responsible to the Majlis-e-Shoora
(Parliament) and shall submit an Annual Report
to each House of Majlis-e-Shoora (Parliament). |
|
|
| |
| 58. |
Amendment of Article 157 of
the Constitution.-
In the Constitution, in Article 157,-
| (i) |
in clause (1) for the
full stop at the end a colon shall be substituted and
thereafter the following proviso shall be inserted, namely:-
Provided that
the Federal Government shall, prior to taking a decision
to construct or cause to be constructed, hydro-electric
power stations in any Province, shall consult the
Provincial Government concerned"
; and |
| (ii) |
after clause (2), the
following new clause shall be added, namely:-
| "(3) |
In case of
any dispute between the Federal Government
and a Provincial Government in respect of
any matter under this Article, any of the
said Governments may move the Council of Common
Interests for resolution of the dispute. |
|
|
| |
| 59. |
Amendment of Article 160 of
the Constitution.-
In the Constitution, in Article 160, after clause (3), the following
new clauses shall be inserted, namely:-
| "(3A) |
The share of the Provinces
in each Award of National Finance Commission shall
not be less than the share given to the Provinces
in the previous Award. |
| |
| (3B) |
The Federal Finance
Minister and Provincial Finance Ministers shall monitor
the implementation of the Award biannaully and lay
their reports before both Houses of Majlis-e-Shoora
(Parliament) and Provincial Assemblies." |
|
| |
| 60. |
Amendment of Article 161 of
the Constitution.-
In the Constitution, in Article 161, for clause (1) the following
shall be substitued, namely:-
| (1) |
Notwithstanding the
provisions of Article 78,-
| (a) |
the net proceeds
of the Federal duty of excise on natural gas
levied at well-head and collected by the Federal
Government and of the royalty collected by
the Federal Government, shall not form part
of the Federal Consolidated Fund and shall
be paid to the Province in which the well-head
of natural gas is situated; |
| (b) |
the net proceeds
of the Federal duty of excise on oil levied
at well-head and collected by the Federal
Government, shall not form part of the Federal
Consolidated Fund and shall be paid to the
Province in which the well-head of oil is
situated. |
|
|
| |
| 61. |
Amendment of Article 167 of
the Constitution.-
In the Constitution, in Article 167, after clause (3) the following
new clause shall be inserted, namely:-
| (4) |
A Province may raise
domestic or international loan, or give guarantees
on the security of the Provincial Consolidated Fund
within such limits and subject to such conditions
as may be specified by the National Economic Council. |
|
| |
| 62. |
Amendment of Article 168 of
the Constitution.
In the Constitution, in Article 168,-
| (i) |
for clause (3) the following
shall be substituted, namely:-
| (3) |
The Auditor-General
shall, unless he sooner resigns or is removed
from office in accordance with clause (5),
hold office for a term of four years from
the date on which he assumes such office or
attains the age of sixty-five years, whichever
is earlier. |
|
| (ii) |
after clause (3) amended
as aforesaid, the following new clause shall be inserted,
namely:-
| (3A) |
The other
terms and conditions of service of the Auditor-General
shall be determined, by Act of Majlis-e-Shoora
(Parliament); and, until so determined, by
Order of the President. |
; and |
| (iii) |
in clause (6), for the
words "such other person
as the President may direct shall" the
words "the President
may appoint the most senior officer in the Office of the
Auditor-General to" shall
be substituted. |
|
| |
| 63. |
Amendment of Article 170 of
the Constitution.-
In the Constitution, Article 170 shall be renumbered as clause
(1) of that Article and after clause (1) renumbered as aforesaid
the following new clause shall be added, namely:-
| (2) |
The audit of the accounts
of the Federal and of the Provincial Governments and
the accounts of any authority or body established
by, or under the control of, the Federal or a Provincial
Government shall be conducted by the Audior-General,
who shall determine the extent and nature of such
audit. |
|
| |
| 64. |
Amendment of Article 171 of
the Constitution.-
In Article 171, for the words "the National Assembly" the words and brackets "both
Houses of Majlis-e-Shoora (Parliament)" shall
be substituted. |
| |
| 65. |
Amendment of Article 172 of
the Constitution.-
In the Constitution, in Article 172,-
| (i) |
in clause (2), for the
word "within" occurring for
the second time the word "beyond" shall be substituted;
and |
| (ii) |
after clause (2) amended
as aforesaid, the following new clause shall be inserted,
namely:-
| (3) |
Subject to
the existing commitments and obligations,
mineral oil and natural gas within the Province
or the territorial waters adjacent thereto
shall vest jointly and equally in that Province
and the Federal Government. |
|
|
| |
| 66. |
Amendment of Article 175 of
the Constitution.-
In the Constitution, in Article 175, in clause (1), after the word
"Province" the words "and a High Court for
the Islamabad Capital Territory" shall
be inserted and under clause (1) amended as aforesaid, the following
Explanation shall be added, namely:-
"Explanation:- The words "High Court" wherever
occurring in the Constitution shall include the High Court
for the Islamabad Capital Territory."
|
| |
| 67. |
Insertion of Article 175A in
the Constitution.-
In the Constitution, after Article 175, the following new Article
shall be inserted, namely:-
| 175A. |
Appointment of
Judges to the Supreme Court, High Courts and the Federal
Shariat Court.-
| (1) |
There shall
be a Judicial Commission of Pakistan, hereinafter
in this Article referred to as the Commission,
for appointment of Judges of the Supreme Court,
High Courts and the Federal Shariat Court,
as hereinafter provided. |
| |
| (2) |
For appointment
of Judges of the Supreme Court, the Commission
shall consist of--
| (i) |
Chairman
|
Chief
Justice of Pakistan; |
| (ii) |
Members
|
two
most senior Judges of the Supreme
Court; |
| (iii) |
Member
|
a
former Chief Justice or a former Judge
of the Supreme Court of Pakistan to
be nominated by the Chief Justice
of Pakistan, in consultation with
the two member Judges, for a period
of two years; |
| (iv) |
Member
|
Federal
Minister for Law and Justice; |
| (v) |
Member
|
Attorney-General
for Pakistan; and |
| (vi) |
Member
|
a
Senior Advocate of the Supreme Court
of Pakistan nominated by the Pakistan
Bar Council for a term of two years. |
|
| |
| (3) |
Notwithstanding
anything contained in clause (1) or clause
(2), the President shall appoint the most
senior Judge of the Supreme Court as the Chief
Justice of Pakistan. |
| |
| (4) |
The Commission
may make rules regulating its procedure. |
| |
| (5) |
For appointment
of Judges of a High Court, the Commission
in clause (2) shall also include the following,
namely:-
| (i) |
Member
|
Chief
Justice of the High Court to which
the appointment is being made; |
| (ii) |
Member
|
the
most senior Judge of that High Court; |
| (iii) |
Member
|
Provincial
Minister for Law; and |
| (iv) |
Member
|
a
senior advocate to be nominated by
the Provincial Bar Council for a period
of two years: |
Provided that
for appointment of Chief Justice of a High
Court, the most senior Judge of the Court
shall be substituted by a former Chief Justice
or former Judge of that Court, to be nominated
by the Chief Justice of Pakistan in consultation
with the two member Judges of the Commission
in clause (2):
Provided further
that if for any reason the Chief Justice of
High Court is not available, he shall also
be substituted in the manner as provided in
the foregoing proviso.
|
| |
| (6) |
For appointment
of Judges of the Islamabad High Court, the
Commission in clause (2) shall also include
the following, namely:-
| (i) |
Member
|
Chief
Justice of the Islamabad High Court;
and |
| (ii) |
Member
|
the
most senior Judge of that High Court |
Provided that
for initial appointment of the Judges of the
Islamabad High Court, the Chief Justices of
the four Provincial High Courts shall also
be members of the Commission:
Provided further
that subject to the foregoing proviso, in
case of appointment of Chief Justice of Islamabad
High Court, the provisos to clause (5) shall, mutatis
mutandis, apply.
|
| |
| (7) |
For appointment
of Judges of the Federal Shariat Court, the
Commission in clause (2) shall also invlude
the Chief Justice of the Federal Shariat Court
and the most senior Judge of that Court as
its members:
Provided that
for appointment of Chief Justice of Federal
Shariat Court, the provisos to clause (5)
shall, mutatis
mutandis, apply.
|
| |
| (8) |
The Commission
by majority of its total membership shall
nominate to the Parliamentary Committee one
person, for each vacancy of a Judge in the
Supreme Court, a High Court or the Federal
Shariat Court, as the case may be. |
| |
| (9) |
The Parliamentary
Committee, hereinafter in this Article referred
to as the Committee, shall consist of the
following eight members, namely:-
| (i) |
four
members from the Senate; and |
| (ii) |
four
members from the National Assembly. |
|
| |
| (10) |
Out of the
eight members of the Committee, four shall
be from the Treasury Benches, two from each
House and four from the Opposition Benches,
two from each House. The nomination of members
from the Treasury Benches shall be made by
the Leader of the House and from the Opposition
Benches by the Leader of the Opposition. |
| |
| (11) |
Secretary,
Senate shall act as the Secretary of the Committee. |
| |
| (12) |
The Committee
on receipt of a nomination from the Commission
may confirm the nominee by majority of its
total membership within fourteen days, failing
which the nomination shall be deemed to have
been confirmed:
Provided that
the Committee may not confirm the nomination
by three-fourth majority of its total membership
within the said period, in which case the
Commission shall send another nomination.
|
| |
| (13) |
The Committee
shall forward the name of the nominee confirmed
by it or deemed to have been confirmed to
the President for appointment. |
| |
| (14) |
No action
or decision taken by the Commission or a Committee
shall be invalid or called in question only
on the ground of the existence of a vacancy
therein or of the absence of any member from
any meeting thereof. |
| |
| (15) |
The Committee
may make rules for regulating its procedure. |
|
|
| |
| 68. |
Amendment of Article 177 of
the Constitution.-
In the Constitution, in Article 177, for clause (1) the following
shall be substituted, namely:-
| "(1) |
The Chief Justice
of Pakistan and each of the other Judges of the Supreme
Court shall be appointment by the President in accordance
with Article 175A." |
|
| |
| 69. |
Amendment of Article 193 of
the Constitution.-
In the Constitution, in Article 193,-
| (i) |
for clause (1), the following
shall be substitued, namely:-
| "(1) |
The Chief
Justice and each of the other Judges of a
High Court shall be appointed by the President
in accordance with Article 175A." |
|
| (ii) |
in claus e(2) for the
word "forty" the word "forty-five" shall be substituted
and shall be deemed always to have been so substituted
with effect from the 21st day of August, 2002. |
|
| |
| 70. |
Amendment of Article 194 of
the Constitution.-
In the Constitution, in Article 194, for the full stop a colon
shall be substituted and thereafter the following proviso shall
be added, namely:-
Provided that
the Chief Justice of the Islamabad High Court shall make oath
before the President and other Judges of that Court shall
make oath before the Chief Justice of the Islamabad High Court."
|
| |
| 71. |
Amendment of Article 198 of
the Constitution.-
In the Constitution, in Article 198,-
| (i) |
after clause (1), the
following new clause shall be inserted, namely:-
| "(1A) |
The High Court
for Islamabad Capital Territory shall have
its principal seat at Islamabad." |
|
| (ii) |
in clause (3),-
| (a) |
after the word
Abbottabad, the comma and the word ", Mingora" shall
be inserted; and |
| (b) |
after the word
"Sibi" occurring at the end, the words "and Turbat" shall
be added. |
|
|
| |
| 72. |
Amendment of Article 199 of
Constitution.-
In the Constitution, in Article 199, for clause (4A), the following
shall be substituted, namely:-
| "(4A) |
An interim order made
by a High Court on an application made to it to question
the validity or legal effect of any order made, proceeding
taken or act done by any authority or person, which
has been made, taken or done or purports to have been
made, taken or done under any law which is specified
in Part I of the First Schedule or relates to, or
is conneted with, State 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:
Provided that
the matter shall be finally decided by the High Court
within six months from the date on which the interim
order in made."
|
|
| |
| 73. |
Amendment of Article 200 of
the Constitution.-
In the Constitution, in Article 200,-
| (i) |
in clause (1), the proviso
shall be omitted; and |
| (ii) |
clause (4) shall be omitted. |
|
| |
| 74. |
Amendment of Article 203C of
the Constitution.-
In the Constitution, in Article 203C,-
| (i) |
in clause (2), after the
word "President" occurring at the end the words,
figures and letters "in accordance
with Article 175A" shall
be inserted; |
| (ii) |
in clause (3A), for the
words "who are well-versed
in Islamic law" the
words and comma "having at least
fifteen years experience in Islamic law, research or instruction" shall be substituted; |
| (iii) |
in clause (4), in the
proviso, the words "for a period
exceeding two years" shall
be omitted; |
| (iv) |
for clause (4B) the following
shall be substituted, namely:-
| "(4B) |
The Chief
Justice and a Judge shall not be removed from
office except in the like manner and on the
like grounds as a Judge of the Supreme Court." |
; and |
| (v) |
clause (4C) and clause
(5) shall be omitted. |
| (vi) |
for clause (9), the following
shall be substituted and deemed always to have been so
substituted with effect from the 21st day of August, 2002,
namely:-
| "(9) |
A Chief Justice
who is not a Judge of the Supreme Court shall
be entitled to the same remuneration, allowances
and privileges as are admissible to a Judge
of the Supreme Court and a Judge who is not
a Judge of a High Court shall be entitled
to the same remuneration, allowances, and
privileges as are admissible to a Judge of
a High Court:
Provided that
where a Judge 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."
|
|
|
| |
| 75. |
Amendment of Article 203D of
the Constitution.-
In the Constitution, in Article 203D, in clause (1A), the words "or
the Concurrent Legislative List" shall
be omitted and for the words "in either of those lists" the words "in the Federal Legislative
List"shall be substituted. |
| |
| 76. |
Amendment of Article 209 of
the Constitution.-
In the Constitution, in Article 209, for clause (5) the following
shall be substituted, namely:-
| "(5) |
If, on information
from any source, the Council or the President is of
the opinion that a Judge of the Supreme Court or of
a High Court-
| (a) |
may be incapable
of property performing the duties of his office
by reason of physical or mental incapacity;
or |
| (b) |
may have been
guilty of misconduct, |
the President shall direct the Council to, or the Council
may, on its own motion, inquire into the matter." |
|
| |
| 77. |
Amendment of Article 213 of
the Constitution.-
In the Constitution, in Article 213,-
| (i) |
in clause (1), the words "in
his discretion" shall
be omitted; |
| (ii) |
after clause (2), the
following new clauses shall be inserted, namely:-
| "(2A) |
The Prime
Minister shall in consultation with the Leader
of the Opposition in the National Assembly,
forward three names for appointment of the
Commissioner to a Parliamentary Committee
for hearing and confirmation of any one person. |
| |
| (2B) |
The Parliamentary
Committee to be constituted by the Speaker
shall comprise fifty percent members from
the Treasury Branches and fifty percent from
the Opposition Parties, based on their strength
in Majlis-e-Shoora (Parliament), to be nominated
by the respective Parliamentary Leaders:
Provided that
in case there is no consensus between the
Prime Minister and the Leader of the Opposition,
each shall forward separate lists to the Parliamentary
Committee for consideration which may confirm
any one name:
Provided further
that the total strength of the Parliamentary
Committee shall not exceed twelve members
out of which one-third shall be from the Senate:
Provided also
that when the National Assembly is dissolved
and a vacancy occurs in the office of the
Chief Election Commissioner, the Parliamentary
Committee shall comprise the members from
the Senate only and the foregoing provisions
of this clause shall, mutatis
mutandis, apply."
|
|
|
| |
| 78. |
Amendment of Article 215 of
the Constitution.-
In the Constitution, in Article 215, in clause (1),-
| (i) |
for the word "three" the word "five" shall be substituted
and thereafter the following proviso shall be inserted,
namely:-
Provided that
the aforesaid amendment shall be effective after the
expiry of current tenure of the present incumbent."
; and |
| (ii) |
the existing proviso shall
be omitted. |
|
| |
| 79. |
Amendment of Article 216 of
the Constitution.-
In the Constitution, in Article 216, in clause (2), in the proviso,-
| (i) |
in paragraph (a), for
the semicolon and the word ";
and" a full stop shall be substituted; and |
| (ii) |
paragraph (b) shall be
omitted. |
|
| |
| 80. |
Amendment of Article 218 of
the Constitution.-
In the Constitution, in Article 218,-
| (i) |
for clause (1), the following
shall be substituted, namely:-
| "(1) |
For the purpose
of election to both Houses of Majlis-e-Shoora
(Parliament), Provincial Assemblies and for
election to such other public offices as may
be specified by law, a permanent Election
Commission shall be constituted in accordance
with this Article." |
|
| (ii) |
for clause (2), the following
shall be substituted, namely:-
| "(2) |
The Election
Commission shall consist of-
| (a) |
The
Commissioner who shall be the Chairman
of the Commission; and |
| (b) |
four
members, each of whom has been a Judge
of a High Court from each Province,
appointed by the President in the
manner provided for appointment of
the Commissioner in clauses (2A) and
(2B) of Article 213." |
|
|
|
| |
| 81. |
Amendment of Article 219 of
the Constituion.-
In the Constitution, in Article 219,-
| (i) |
for the word "Commissioner" the word "Commission" shall be substituted;
and |
| (ii) |
in paragraph (c), for
the full stop at the end a semi colon shall be substituted
and after paragraph (c) amended as aforesaid, the following
new paragraphs shall be added; namely:-
| (d) |
the holding
of general elections to the National Assembly,
Provincial Assemblies and the local governments;
and |
| |
| (e) |
such other
functions as may be specified by an Act of
Majlis-e-Shoora (Parliament). |
|
|
| |
| 82. |
Amendment of Article 221 of
the Constitution.-
In the Constitution, in Article 221, for the word "Commissioner" occurring for the first
and second time, the words, "Election Commission" shall be substituted
and the words "Commissioner or an" shall be omitted. |
| |
| 83. |
Amendment of Article 224 of
the Constitution.-
In the Constitution, in Article 224,-
| (i) |
for clause (1), the following
shall be substituted, namely:-
| "(1) |
A general
election to the National Assembly or a Provincial
Assembly shall be held within a period of
sixty days immediately following the day on
which 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." |
|
| (ii) |
after clause (1) substituted
as the aforesaid, the following new clauses shall be inserted,
namely:-
| "(1A) |
On dissolution
of the Assembly on completion of its term,
or in case it is dissolved under Article 58
or Article 112, the President, or the Governor,
as the case may be, shall appoint a care-taker
Cabinet:
Provided that
the care-taker Prime Minister shall be selected
by the President in consultation with the
Prime Minister and the Leader of the Opposition
in the outgoing National Assembly, and a care-taker
Chief Minister shall be appointed by the Governor
in consultation with the Chief Minister and
the Leader of the Opposition in the outgoing
Provincial Assmembly:
Provided further
that the Members of the Federal and Pronvicial
care-taker Cabinets shall be appointed on
the advice of the care-taker Prime Minister
or the care-taker Chief Minister, as the case
may be.
|
| |
| (1B) |
Members of
the care-taker Cabinets including the care-taker
Prime Minister and the care-taker Chief Minister
and their immediate family members shall not
be eligible to contest the immediately following
elections to such Assemblies.
Explanation:- In this clause "immediate
family members" means spouse and children.
|
|
| (iii) |
after clause (5) the following
new clause shall be inserted and shall be deemed to always
have been so inserted with effect from the 21st day of
August, 2002, namely:-
| (6) |
When a seat
reserved for women or non-Muslims in the National
Assembly or a Provincial Assembly falls vacant,
on account of death, resignation or disqualification
of a member, it shall be filled by the next
person in order of precedence from the party
list of the candidates to be submitted to
the Election Commission by the political party
whose member has vacated such seat." |
|
|
| |
| 84. |
Substitution of Article 226
of the Constitution.-
In the Constitution, for Article 226, the following shall be substituted,
namely:-
| "226. |
Election by secret
ballot.-
All elections under the Constitution, other than those
of the Prime Minister and the Chief Minister, shall
be by secret ballot." |
|
| |
| 85. |
Amendment of Article 228 of
the Constitution.-
In the Constitution, in Article 228, in clause (3), in paragraph
(c), for the word "four" the words "one-third" shall be substituted. |
| |
| 86. |
Amendment of Article 232 of
the Constitution.-
In the Constitution, in Article 232, in clause (1), for the full
stop at the end a colon shall be substituted and after clause
(1) amended as aforesaid, the following provisos shall be inserted,
namely:-
Provided that
for imposition of emergency due to internal disturbances beyond
the powers of a Provincial Government to control, a Resolution
from the Provincial Assembly of that Province shall be required:
Provided further
that if the President acts on his own, the Proclamation of
Emergency shall be placed before both Houses of Majlis-e-Shoora
(Parliament) for approval by each House within ten days."
|
| |
| 87. |
Amendment of Article 233 of
the Constitution.-
In the Constitution, in Article 233, in clause (3), for the words "a
joint sitting" the
words "both
Houses of Majlis-e-Shoora (Parliament) separately" shall be substituted. |
| |
| 88. |
Amendment of Article 234 of
the Constitution.-
In the Constitution, in Article 234, in clause (1),-
| (i) |
the words "or otherwise" shall be omitted;
and |
| (ii) |
for the words "at a joint sitting" the words "by
each House separately" shall
be substituted. |
|
| |
| 89. |
Amendment of Article 242 of
Constitution.-
In the Constitution, in Article 242,-
| (i) |
in clause (1A), for the
words "in his discretion" the words "on
the advice of the Prime Minister" shall
be substituted; and |
| (ii) |
after clause (1A) amended
as aforesaid the following new clause shall be inserted,
namely:-
| "(1B) |
The Chairman
of the Public Service Commission constituted
in relation to affairs of a Province shall
be appointed by the Governor on advice of
the Chief Minister." |
|
|
| |
| 90. |
Substitution of Article 243
in the Constitution.-
In the Constitution, for Article 243, the following shall be substituted,
namely:-
| "243. |
Command of Armed
Forces.-
| (1) |
The Federal
Government shall have control and command
of the Armed Forces. |
| |
| (2) |
Without prejudice
to the generality of the foregoing provision,
the Supreme Command of the Armed Forces shall
vest in the President. |
| |
| (3) |
The President
shall subject to law, have power-
| (a) |
to
raise and maintain the Military, Naval
and Air Forces of Pakistan; and the
Reserves of such Forces; and |
| (b) |
to
grant Commissions in such Forces. |
|
| |
| (3) |
The President
shall, on advice of the Prime Minister, appoint-
| (a) |
the
Chairman, Joint Chiefs of Staff Committee; |
| (b) |
the
Chief of the Army Staff; |
| (c) |
the
Chief of the Naval Staff; and |
| (d) |
the
Chief of the Air Staff, |
and shall also determine their salaries and
allowances." |
|
|
| |
| 91. |
Amendment of Article 246 of
the Constitution.-
In the Constitution, in Article 246, in paragraph (a),-
| (a) |
in sub-paragraph (i),
for the word "Baluchistan" the word "Balochistan" and for the
words "North West Frontier" the words "Khyber
Pakhtunkhwa" shall
be substituted and the word "and" at the end
shall be omitted; and |
| (b) |
after sub-paragraph (ii),
the following new sub-paragraphs shall be inserted, namely:-
| "(iii) |
Tribal Areas
adjoining Lakki Marwat District; and |
| |
| (iv) |
Tribal Areas
adjoining Tank District" |
|
|
| |
| 92. |
Amendment of Article 260 of
the Constitution.-
In the Constitution, in Article 260, in clause (1), the definition
of expression "consultation" shall be omitted. |
| |
| 93. |
Insertion of new Articles in
the Constitution.-
In the Constitution, after Article 267, the following new Articles
shall be inserted, namely:-
| "267A. |
Power to remove
difficulties.-
| (1) |
If any difficulty
arises in giving effect to the provisions
of the Constitution (Eighteenth Amendment)
Act, 2010, hereinafter in this Article referred
as the Act, or for bringing the provisions
of the Act into effective operation, the matter
shall be laid before both Houses in a joint
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 effet, subject to such adaptations, 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.
|
|
| |
| 267B. |
Removal of doubt.-
For removal of doubt it is hereby declared that Article
152A omitted and Articles 179 and 195 substituted
by the Constitution (Seventeenth Amendment) Act, 2003
(Act No. III of 2003), notwithstanding its repeal,
shall be deemed to always to have been so omitted
and substituted. |
|
| |
| 94. |
Amendment of Article 268 of
the Constitution.-
In the Constitution, in Article 268, clause (2) shall be omitted. |
| |
| 95. |
Amendment of Article 270A of
the Constitution.-
In the Constituion, in Article 270A,-
| (a) |
in clause (1), the words,
commans, brackets and figures "under which,
in consequence of the result of the referendum held on
the nineteenth day of December, 1984, General Mohammad
Zia-ul-Haq became the President of Pakistan on the day
of the first meeting of the Majlis-e-Shoora (Parliament)
in joint sitting for the term specified in clause (7)
of Article 41" shall
be omitted; and |
| (b) |
for clause (6), the following
shall be substituted, namely:-
| "(6) |
The laws referred
to in clause (1) may be amended by the appropriate
Legislature in the manner provided for amendment
of such laws." |
|
|
| |
| 96. |
Substitution of new Article
in the Constitution.-
In the Constitution, for Article 270AA, the following shall be
substituted, namely:-
| "270AA. |
Declaration and
continuance of laws, etc-
| (1) |
The Proclamation
of Emergency of the fourteenth day of October,
1999, the Provisional Constitution Order No.
1 of 1999, the Oath of Office (Judges) Order,
2000 (No. 1 of 2000), Chief Executivce's Order
No. 12 of 2002, Chief Executive's Order No.
19 of 2002, the amendments made in the Constitution
through the Legal Framework Order, 2002 (Chief
Executive's Order No. 24 of 2002), the Legal
Framework (Amendment) Order, 2002 (Chief Executive's
Order No. 29 of 2002) and Legal Framework
(Second Amendment) Order, 2002 (Chief Executive's
Order No. 32 of 2002), notwithstanding any
judgment of any court including the Supreme
Court or a High Court, are hereby declared
as having been made without lawful authority
and of no legal effect. |
| |
| (2) |
Except as
provided in clause (1) and subject to the
provisions of the Constitution (Eighteenth
Amendment) Act, 2010, all laws including President's
Orders, Acts, Ordinances, Chief Executive
Orders, regulations, enactments, notifications,
rules, orders or bye-laws made between the
twelfth day of October, one thousand nine
hundred and ninety-nine and the thirty-first
day of October, two thousand and three (both
days inclusive) and still in force shall,
continue to be in force until altered, repealed
or amended by the competent authority.
Explanation:- For the purposes of clause (2)
and clause (6), "competent authority"
means,-
| (a) |
in
respect of Presidents' Orders, Ordinances,
Chief Executive's Orders and all other
laws, the appropriate Legislature;
and |
| (b) |
in
respect of notifications, rules, orders
and bye-laws, the authority in which
the power to make, alter or amend
the same vests under the law. |
|
| |
| (3) |
Notwithstanding
anything contained in the Constitution or
cluase (1), or judgment of any court including
the Supreme Court or a High Court,-
| (a) |
Judges
of the Supreme Court, High Cours and
Federal Shariat Court who were holding
the office of a Judge or were appointed
as such, and had taken oath under
the Oath of Office (Judges) Order,
2000 (I of 2000), shall be deemed
to have continued to hold the office
as a Judge or appointed as such, as
the case may be, under the Constitution,
and such continuance or appointment,
shall have effect accordingly. |
| (b) |
Judges
of the Supreme Court, High Courts
and Federal Shariat Court who not
having been given or taken oath under
the Oath of Office (Judges) Order,
2000, (I of 2000), and ceased to hold
the office of a Judge shall, for the
purposes of pensionary benefits only,
be deemed to have continued to hold
office under the Constitution till
their date of superannuation. |
|
| |
| (4) |
All orders
make, 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 have been made, taken or done, in exercise
of the powers derived from any authority or
laws mentioned in clause (2), or in execution
of or in compliance with any orders made or
sentences passed by any authority in the exercise
or purpoted exercise of powers as aforesaid,
shall, notwithstanding anything contained
in clause (1), be deemed to be valid and shall
not be called in question in any court or
forum on any ground whatsoever. |
| |
| (5) |
No 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 (2) or clause (4) or
in execution of or in compliance with orders
made or sentences passed in exercise or purported
exercise of such powers. |
| |
| (6) |
Notwithstanding
omission of the Concurrent Legislative List
by the Constitution (Eighteenth Amendment)
Act, 2010, all laws with respect to any of
the matters enumerated in the said List (including
Ordinances, Orders, rules, bye-laws, regulations
and notifications and other legal instruments
having the force of law) in force in Pakistan
or any part thereof, or having extra-territorial
operaiton, immediately before the commencement
of the Constitution (Eighteenth Amendment)
Act, 2010, shall continue to remain in force
until altered, repealed or amended be the
competent authority. |
| |
| (7) |
Notiwthstanding
anything contained in the Constitution, all
taxes and fees levied under any law in force
immediately before the commencement of the
Constitution (Eighteenth Amendment) Act, 2010,
shall continue to be levied until they are
varied or abolished by an Act of the appropriate
legislature. |
| |
| (8) |
On the omission
of the Concurrent Legislative List, the process
of devolution of the matters mentioned in
the said List to the Provinces shall be completed
by the thirtieth day of June, two thousand
and eleven. |
| |
| (9) |
For purposes
of the devolution process under clause (8),
the Federal Government shall constitute an
Implementation Commission as it may deem fit
within fifteen days of the commencement of
the Constitution (Eighteenth Amendment) Act,
2010." |
|
|
| |
| 97. |
Amendment of Article 270B of
the Constitution.-
In the Constitution, in Article 270B, after the figure and comma
"1977, ", the words, commas, figures and brackets "and
the Conduct of General elections, Order 2002 (Chief Executive's
Order No. 7 of 2002)," shall
be inserted and shall be deemed always to have been so inserted
with effect from the 21st day of August, 2002. |
| |
| 98. |
Insertion of new Article 270BB
of the Constitution.
In the Constitution, after Article 270B amended as aforesaid, the
following new Article shall be inserted, namely:-
| "270BB. |
General Elections
2008.-
Notwithstanding anything contained in the Constitution
or any other law for the time being in force, the
General Elections 2008, to the National Assembly and
the Provincial Assemblies held of the eighteenth day
of February, two thousand and eight shall be deemed
to have been held under the Constitution and shall
have effect accordingly." |
|
| |
| 99. |
Amendment of Annex to the Constitution.-
In the Constitution, in the Annex, in the Objectives Resolution,
in the sixth paragraph, after the word "to" the word "freely" shall be inserted. |
| |
| 100. |
Amendment of Third Schedule
to the Constitution.-
In the Constitution, in the Third Schedule,-
| (i) |
in the Oath prescribed
for the Prime Minister, for the figure "3" occurring in
the brackets, the figure "5" shall be substitued; |
| (ii) |
in the Oath prescribed
for the Chief Minister or Provincial Minister, for the
figures and brackets "131(4)" the figures
and brackets "130(5)" shall be substitued; |
| (iii) |
in the Oath prescribed
for the Speaker of a Provincial Assembly, for the words "I
will discharge" the
words and comma "and whenever
I am called upon to act as Governor, I will discharge" shall be substituted;
and |
| (iv) |
for the Oath prescribed
for the Chief Justice or a Judge of the Federal Shariat
Court, the following shall be substituted, namely:-
[Article 203C(7)]
(In the name of Allah, the most Beneficient, the
most Merciful.)
I, ______________________, do solemnly swear that
I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of the Federal Shariat Court
(or a Judge of the Federal Shariat Court), I will
discharge my duties, and perform my functions, honestly,
to the best of my ability, and faithfully, in accordance
with the Constitution of the Islamic Republic of Pakistan
and the law:
That I will not allow my personal interest to influence
my official conduct or my official decisions:
That I will abide by the code of conduct issued
be the Supreme Judicial Council:
That I will preserve, protect and defend the Constitution
of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right
to all manner of people, according to law, without
fear or favour, affection or ill-will.
|
|
| |
| 101. |
Amendment of Fourth Schedule
to the Constitution.-
In the Constitution, in the Fourth Schedule, in the Federal Legislative
List,-
| (1) |
in Part I,-
| (i) |
in entry 18, in
sub-entry (c) for the full stop at the end the
semi-colon and a word ; and and
after sub-entry (c) amended as aforesaid the following
new sub-entry shall be added, namely:-
|
| (ii) |
for entry 32 the
following shall be substituted, namely:-
| 32. |
International
treaties, conventions and agreements
and International arbitration. |
|
| (iii) |
entries 21, 33,
38 and 40 shall be omitted; |
| (iv) |
entry 45 and entry
46 shall be omitted; |
| (v) |
in entry 49, after
the word "consumed" the comma and words ", except
sales tax on services" shall
be added. |
| (vi) |
in entry 50, after
the word "taxes" the words "on capital
gains" shall
be omitted. |
|
| (2) |
in Part II,-
| (i) |
entries 4, 5,
6, 7 and 8 shall be renumbered as entries 13,
14, 15, 16 and 17, respectively, and |
| (ii) |
after entry 3,
the following new entries shall be inserted, namely:-
| 4. |
Electricity. |
| |
| 5. |
Major
ports, that is to say, the declaration
and delimitation of such ports, and
the constitution and powers of port
authorities therein. |
| |
| 6. |
All
regulatory authorities established
under a Federal law. |
| |
| 7. |
National
planning and national economic coordination
including planning and coordination
of scientific and technological research. |
| |
| 8. |
Supervision
and management of public debt. |
| |
| 9. |
Census. |
| |
| 10. |
Extension
of the powers and jurisdiction of
members of a police force belonging
to any Province to any area in another
Province, but not so as to enable
the police of one Province to exercise
powers and jurisdiction in another
Province without the consent of the
Government of that Province; extension
of the powers and jurisdiction of
a police force belonging to any Pronvice
to railway areas outside that Province. |
| |
| 11. |
Legal,
medical and other professions. |
| |
| 12. |
Standards
in institutions for higher education
and research, scientific and technical
institutions. |
| |
| 13. |
Inter-provincial
matters and co-ordination. |
|
|
| (3) |
The Concurrent Legislative
List and the entries thereto from 1 to 47 (both inclusive)
shall be omitted. |
|
| |
| 102. |
Omission of the Sixth and the
Seventh Schedule in the Constitution:
In the Constitution, the Sixth Schedule and the Seventh Schedule
shall be omitted. |