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 (Seventeenth Amendment) Act, 2003 |
(2) It shall come into force at once. |
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| 2. |
Amendment of Article 41 of
the Constitution:
In the Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution, in Article 41,
| (1) |
In clause (7), in paragraph
(b), for the full stop at the end, a colon shall be substituted
and thereafter the following proviso shall be added, namely;
Provided that
paragraph (d) of clause (1) of Article 63 shall become
operative on and from the 31st day of December, 2004.";
and |
| (2) |
After clause (7) amended
as aforesaid, the following new clauses shall be added,
namely:-
| "(8) |
Without prejudice
to the provisions of clause (7), any member
or members of a House of Majlis-e-Shoora (Parliament)
or of a Provincial Assembly, individually
or jointly, may, not later than thirty days
from the commencement of the Constitution
(Seventeenth Amendment) Act, 2003, move a
resolution for vote of confidence for further
affirmation of the President in office by
majority of the members present and voting,
by division or any other method as prescribed
in the rules made by the Federal Government
under clause (9), of the electoral college
consisting of members of both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies,
in a special session of each House of Majlis-e-Shoora
(Parliament) and of each Provincial Assembly
summoned for the purpose, and the vote of
confidence having been passed, the President,
notwithstanding anything contained in the
Constitution or judgment of any court, shall
be deemed to be elected to hold office for
a term of five years under the Constitution,
and the same shall not be called in question
in any court or forum on any ground whatsoever. |
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| (9) |
Notwithstanding
anything contained in the Constitution or
any other law for the time being in force,
the proceedings for the vote of confidence
referred to in clause (8) shall be regulated
and conducted by the Chief Election Commissioner
in accordance with such procedure and the
votes shall be counted in such manner as may
be prescribed by the rules framed by the Federal
Government:
Provided that
clauses (8) and (9) shall be valid only for
the forthcoming vote of confidence for the
current term of the President in office."
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| 3. |
Amendment of Article 58 of
the Constitution:
In the Constitution, in Article 58, after clause (2), the following
new clause shall be added, namely:-
| "(3) |
The President in case
of dissolution of the National Assembly under paragraph
(b) of clause (2) shall, within fifteen days of the
dissolution, refer the matter to the Supreme Court
and the Supreme Court shall decide the reference within
thirty days whose decision shall be final". |
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| 4. |
Amendment of Article 112 of
the Constitution:
In the Constitution, in Article 112, after clause (2), the following
new clause shall be added, namely:-
| "(3) |
The Governor in case
of dissolution of the Provisional Assembly under paragraph
(b) of clause (2) shall within fifteen days of the
dissolution refer the matter to the Supreme Court
with the previous approval of the President and the
Supreme Court shall decide the reference within thirty
days whose decision shall be final." |
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| 5. |
Omission of Article 152 A of
the Constitution:
In the Constitution, Article 152 A shall be omitted. |
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| 6. |
Substitution of Article 179
of the Constitution:
In the Constitution, for Article 179, the following shall be substituted,
namely:
| "179. |
Retiring Age-
A judge of the Supreme Court shall hold office until
he attains the age of sixty five years, unless he
sooner resigns or is removed from office in accordance
with the Constitution." |
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| 7. |
Substitution of Article 195
of the Constitution:
In the Constitution, for Article 195, the following shall be substituted,
namely:
| "195 |
Retiring Age-
A judge of the High Court shall hold office until he
attains the age of sixty-two years, unless he sooner
resigns or is removed from office in accordance with
the Constitution." |
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| 8. |
Amendment of Article 243 of
the Constitution:
In the Constitution, in Article 243, in clause (3), for the words "in
his discretion" the
words "in
consultation with the Prime Minister" shall
be substituted. |
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| 9. |
Amendment of Article 268 of
the Constitution:
In the Constitution, in Article 268, in clause (2), for the full
stop at the end, a colon shall be substituted and thereafter the
following proviso shall be added, namely:
Provided that
the laws mentioned at entries 27 to 30 and entry 35 in the
Sixth Schedule shall stand omitted after six years".
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| 10. |
Substitution of Article 270-AA
of the Constitution:
In the Constitution, for Article 270 AA, the following shall be
substituted, namely:-
| "270-AA |
Validation and
affirmation of laws etc.
| (1) |
The Proclamation
of Emergency of the fourteenth day of October,
1999, all President's Orders, Ordinances,
Chief Executive's Orders, including the Provisional
Constitution Order No. 1 of 1999, the Oath
of Office (Judges) Order, 2000 (No. 1 of 2000),
Chief Executive's Order No. 12 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), the Legal Framework
(Second Amendment) Order, 2002 (Chief Executive's
Order No. 32 of 2002) and all other laws made
between the twelfth day of October, one thousand
nine hundred and ninety-nine and the date
on which this Article comes into force (both
days inclusive), having been duly made or
accordingly affirmed, adopted and declared
to have been validly made by the competent
authority and notwithstanding anything contained
in the Constitution shall not be called in
question in any court or forum on any ground
whatsoever. |
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| (2) |
All orders
made, 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, between
the twelfth day of October, one thousand nine
hundred and ninety-nine, and the date on which
this Article comes into force (both days inclusive),
in exercise of the powers derived from any
Proclamation, President's Orders, Ordinances,
Chief Executive's Orders, enactments, including
amendments in the Constitution, notifications,
rules, orders, bye-laws or in execution of
or in compliance with any orders made or sentences
passed by any authority in the exercise or
purported exercise of powers as aforesaid,
shall, notwithstanding any judgment of any
court, be deemed to be and always to have
been validly made, taken or done and shall
not be called in question in any court or
forum on any ground whatsoever. |
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| (3) |
All Proclamations,
President's Orders, Ordinances, Chief Executive's
Orders, laws, regulations, enactments, including
amendments in the Constitution, notification,
rules, orders or bye-laws in force immediately
before the date on which this Article comes
into force shall continue in force, until
altered, repealed or amended by the competent
authority.
Explanation: In
this clause," competent authority"
means,-
| (a) |
in
respect of President's Orders, Ordinances,
Chief Executive's Orders and enactments,
including amendments in the Constitution,
the appropriate Legislature; and |
| (b) |
in
respect of notifications, rules, orders
and bye-laws, the authority in which
the power to make, alter, repeal or
amend the same vests under the law. |
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| (4) |
No suit, prosecution
or other legal proceedings, including writ
petitions, shall lie in any court or forum
against any authority or any persons, 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 in execution
of or in compliance with orders made or sentences
passed in exercise or purported exercise of
such powers. |
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| (5) |
For the purposes
of clauses (1), (2) and (4), all orders made,
proceedings taken , appointments made, including
secondments and deputations, acts done or
purporting to be made, taken or done by any
authority or person shall be deemed to have
been made, taken or done in good faith and
for the purpose intended to be served thereby". |
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