Whereas it is expedient to amend
the Constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing;
| 1. |
Short title and commencement
| (1) |
This act may be called
the Constitution (First Amendment) Act ,1974. |
| |
| (2) |
It shall come into force
at once. |
|
| |
| 2. |
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, for clauses (2),
(3) and (4) the following shall be substituted, namely --
| (2) |
the territories of
Pakistan shall comprise:-
| (a) |
the Province
of Baluchistan, the North-West Frontier, the
Punjab and Sind; |
| (b) |
the Islamabad
Capital Territory, hereinafter referred to
as the Federal Capital ; |
| (c) |
the Federally
Administered Tribal Areas; and |
| (d) |
such States
and territories as are or may be included
in Pakistan. whether by accession or otherwise. |
|
| |
| (3) |
Parliament may by
law admit into the Federation new States or areas
on such terms and conditions as it thinks fit." |
|
| |
| 3. |
Amendment of Article 8 of the
Constitution.
In the Constitution, in Article 8, in clause(3) in paragraph (b),
after the word "day" at the end, the words "or as amended by any
of the laws specified in that schedule" shall
be added. |
| |
| 4. |
Amendment of Article 17 of
the Constitution.
In the Constitution, in Article 17, for clause (2), the following
shall be substituted, namely--
| (2) |
Every citizen, not
being in the service of Pakistan, shall have the right
to from or be 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 declare that any political party has been
formed or is operating in a manner prejudicial to
the sovereignty or integrity of Pakistan , the Federal
Government shell , within fifteen 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. |
|
| |
| 5. |
Amendment of Article 61 of
the Constitution.
In the Constitution, in Article 61, after the words "Deputy
Chairman" at the end, the words, commas, brackets and figures "and
as if, in the proviso to the said clause (2) of Article 54 for
the words "one hundred and thirty" the words "ninety"
were substituted" shall
be added. |
| |
| 6. |
Amendment of Article 101 of
The Constitution.
In the constitution, in Article 101, in clause(3), after the word
"President" at the end, the words and comma "and shall be entitled
to such salary, allowances and privileges as the President may
determine"shall be added. |
| |
| 7. |
Amendment of Article 127 of
the Constitution.
In the constitution, in Article 127,--
| (a) |
in paragraph (e), the
word "and" at the end
shall be omitted; |
| (b) |
in paragraph (f), for
the full-stop at the end the semi-colon and word ";and" shall be substituted;
and |
| (c) |
after paragraph (f) amendment
as aforesaid, the following new paragraph shall be added,
namely:-
| "(g) |
the said clause
(2) of Article 54 shall have effect as if,
in the proviso thereto, for the words "one
hundred and thirty" the word "seventy"
were substituted". |
|
|
| |
| 8. |
Amendment of Article 193 of
the Constitution.
In the Constitution, in Article 193, in clause (2), after paragraph
(c) the following Explanation shall be added, namely--
"Explanation. In computing the period during which a person
has been an advocate of a High court or held judicial office,
there shall be included any period during which he has held
judicial office after he became an advocate or, as the case
may be, the period during which he has been an advocate after
having held judicial office".
|
| |
| 9. |
Amendment of Article 199 of
the Constitution.
In the constitution , in Article 199 , for clause (3), the following
shall be substituted, namely--
| " (3) |
An order shall not
be made under clause (1) on application made by or
in relation to a person who is a member of the Armed
Forces of Pakistan , or who is for the time being
subject to any law relating to any of those Forces,
in respect of his terms and conditions of service,
in respect of any matter arising out of his service,
or in respect of any action taken in relation to him
as a member of the Armed Forces of Pakistan or as
a person subject to such law". |
|
| |
| 10. |
Amendment of Article 200 of
the Constitution.
In the Constitution, in Article 200, after clause (2), the following
new clause shall be added, namely--
| "(3) |
If any time it is
necessary for any reason to increase temporarily the
number of Judges of a High Court, the Chief Justice
of that High Court may require a Judge of any other
High Court to attend sittings of the former High Court
for such period as may be necessary and, while so
attending the sittings of the High Court, the Judge
shall have the same power and Jurisdiction as a Judge
of that High Court.
Provided that
a Judge shall not be so required except with his consent
and the approval of the President and after consolation
with the Chief Justice of Pakistan and the Chief Justice
of the High Court of which he is a Judge".
|
|
| |
| 11. |
Amendment of Article 209 of
the Constitution.
In the constitution, in Article 209, in clause (2), in the Explanation,
after words " Chief Justice ", the words "otherwise than as acting
Chief Justice" shall
be inserted. |
| |
| 12. |
Amendment of Article 212 of
the Constitution.
In the Constitution in article 212 -
| (a) |
in clause (1),
| (i) |
For the word "establish" the
words "provide
for establishment of" shall
be substituted and shall be deemed always to have
been so substituted ; and |
| (ii) |
in paragraph (a)
after the word "persons", the words "who are
or have been" shall
be inserted and shall be deemed always to have
been so inserted; and |
|
| (b) |
in clause (2) after the
words "Tribunal extends", the following words
shall be inserted and shall be deemed always to have been
so inserted, namely:-
"and all proceedings in respects of any such matter
which may be pending before such other Court immediately
before the establishment of the Administrative Court
or tribunal shall abate on such establishment."
|
|
| |
| 13. |
Amendment of Article 250 of
the Constitution.
In the Constitution, in Article 250, in clauses (1) and (2), the
words and comma "a governor ,",
wherever occurring., shall be omitted. |
| |
| 14. |
Amendment of Article 259 of
the Constitution.
In the constitution, in Article 259,--
| (a) |
in clauses (2), after
the word " gallantry", the comma and words "
meritorious service in the Armed Forces" shall be inserted
; and |
| (b) |
in clause (3) after the
word " gallantry" , the comma and words "
meritorious services in the Armed Forces" shall be inserted
and shall be deemed always to have been so inserted. |
|
| |
| 15. |
Amendment of Article 260 of
the Constitution.
In the Constitution, in Article 260, in clause (1),-
| (a) |
after the definition of
the "Chairman" , the following new definition
shall be inserted, namely:-
"Chief Justice", in relation to the Supreme
Court or a High Court, includes the Judge for the
time being acting as Chief justice of the Court ;"
and |
| (b) |
In the definition of "service
of Pakistan" , after the words "Provincial Minister"
, the commas and words " , Attorney-General,
Parliamentary Secretary" shall
be inserted. |
|
| |
| 16. |
Amendment of Article 272 of
the Constitution.
In the Constitution, in Article 272, in the marginal heading ,
after the word " First" the words " constitution of " shall be inserted. |
| |
| 17. |
Amendment of First Schedule
to the Constitution.
In the Constitution, in the First Schedule for Part IV the following
shall be substituted ,namely:-
"IV. FEDERAL ACTS
| 1- |
The Censorship of
Films Act, 1963 (XVII of 1963) |
| 2- |
The Land Reforms (Amendment)
Act, 1974." |
|