WHEREAS it is expedient further 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 (Nineteenth Amendment) Act, 2010. |
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| (2) |
It shall come into force
at once. |
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| 2. |
Amendment of Article 81 of
the Constitution:
In the Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution, in Article 81,-
| (i) |
in paragraph (a), in sub-paragraph
(i), after the word "Court" occurring at the
end, the words "and
the Islamabad High Court" shall be added;
and |
| (ii) |
for paragraph (b), the
following shall be substituted, namely:-
| "(b) |
the administrative
expenses, including the remuneration payable
to officers and servants, of the Supreme Court,
the Islamabad High Court, the department of
the Auditor-General, the Office of the Chief
Election Commissioner and of the Election
Commission and the Secretariats of the Senate
and the National Assembly;" |
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| 3. |
Amendment of Article 175 of
the Constitution:
In the Constitution, in Article 175, for the Explanatation, the
following shall be substituted, namely:-
Explanation.- Unless the context otherwise requires, the words
"High Court" wherever occurring in the Constitution
shall include "Islamabad High Court."
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| 4. |
Amendment of Article 175A of
the Constitution:
In the Constitution, in Article 175A,-
| (a) |
in clause (2),-
| (i) |
in paragraph (ii),
for the word "two"
the word "four"
shall be substituted; and |
| (ii) |
in paragraph (iii),
for the word "two" occurring for the
first time, the word "four" shall be
susbtituted; |
|
| (b) |
in clause (5),-
| (i) |
for paragraph
(iv), the following shall be substituted, namely:-
| "(iv) |
an
advocate having not less than fifteen
years practice in the High Court to
be nominated by the concerned Bar
Council for a term of two years:"; |
and |
| (ii) |
for the provisos
the following shall be substituted, namely:-
Provided that
for appointment of the Chief Justice of a
High Court the most Senior Judge mentioned
in paragraph (ii) shall not be member of the
Commission:
Provided futher
that if for any reason the Chief Justice of
a High Court is not available, he shall be
substituted by a former Chief Justice or former
Judge of that Court, to be nomicated by the
Chief Justice of Pakistan in consultation
with the four member Judges of the Commission
mentioned in paragraph (ii) of clause (2)."
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| (c) |
in clause (6), in the
first proviso, after the word "the" occurring
for the first time, the words "Chief
Justice and the" shall be inserted; |
| (d) |
in clause (9), for the
full-stop at the end a colon shall be substituted and
thereafter the following proviso shall be inserted, namely:-
Provided that
when the National Assembly is dissolved, the total
membership of the Parliamentary Committee shall consist
of the members of the Senate only mentioned in paragraph
(i) and the provisions of this Article shall, mutatis
mutandis apply."
; |
| (e) |
in clause (12),-
| (i) |
for the proviso
the following shall be substituted, namely:-
Provided that
the Committee, for reasons to be recorded,
may not confirm the nomination by three-fourth
majority of its total membership within the
said period:"
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| (ii) |
after the proviso
substituted as aforesaid, the following new provisos
shall be inserted, namely:-
Provided further
that if a nomination is not confirmed by the
Committee it shall forward its decision with
reasons so recorded to the Commission through
the Prime Minister:
Provided further
that if a nomination is not confirmed, the
Commission shall send another nomination."
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| (f) |
for clause (13), the following
shall be substituted, namely:-
| "(13) |
The Committee
shall send the name of the nominee confirmed
by it or deemed to have been confirmed to
the Prime Minister who shall forward the same
to the President for appointment." |
; |
| (g) |
clause (15) shall be renumbered
as clause (17) and after the existing clause (14), the
following new clauses shall be inserted, namely:-
| "(15) |
The meetings
of the Committee shall be held in camera and
the record of its proceedings shall be maintained. |
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| (16) |
The provisions
of Article 68 shall not apply to the proceedings
of the Committee." |
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| 5. |
Amendment of Article 182 of
the Constitution:
In the Constitution, in Article 182, after the word "Pakistan"
the commas, words figure and letter "in
consultation with the Judicial Commission as provided in clause
(2) of Article 175A," shall be inserted. |
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| 6. |
Amendment of Article 213 of
the Constitution:
In the Constitution, in Article 213, in clause (2B),-
| (i) |
for the second proviso,
the following shall be substituted, namely:-
Provided further
that the total strength of the Parliamentary Committee
shall be twelve members out of which one-third shall
be from the Senate."
; and |
| (ii) |
in the third proviso,
for the words "Parliamentary
Committee shall comprise" the words "total membership of
the Parliamentary Committe shall consist of"
shall be substituted. |
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| 7. |
Amendment of Article 246 of
the Constitution.-
In the Constitution, in Article 246,-
| (i) |
in paragraph (a), sub-paragraphs
(iii) and (iv) shall be omitted. |
| (ii) |
in paragraph (c),-
| (a) |
after sub-paragraph
(iii) the following new sub-paragraph shall be
inserted, namely:-
| "(iiia) |
Tribal
Areas adjoining Lakki Marwat District;" |
and |
| (b) |
after sub-paragraph
(iv) the following new sub-paragraph shall be
inserted, namely:-
| (iva) |
Tribal
Areas adjoining Tank District;" |
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