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THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF

PAKISTAN
CONTENTS
1. The Republic and i! e""i#"ie!
$. I!la% # be Sae "eli&i#n
$A. The Ob'eci(e! Re!#lui#n # )#"% pa" #) !ub!ani(e p"#(i!i#n!
*. Eli%inai#n #) e+pl#iai#n
,. Ri&h #) indi(idual! # be deal -ih in acc#"dance -ih la-. ec.
/. L#0al0 # Sae and #bedience # C#n!iui#n and la-
1. Hi&h "ea!#n
2. 3e)inii#n #) he Sae
4. La-! inc#n!i!en -ih #" in de"#&ai#n #) )unda%enal "i&h! # be
(#id
5. Secu"i0 #) pe"!#n
16. Sa)e&ua"d! a! # a""e! and deeni#n
16A. Ri&h # )ai" "ial
11. Sla(e"0. )#"ced lab#u". ec.. p"#hibied
1$. P"#eci#n a&ain! "e"#!peci(e puni!h%en
1*. P"#eci#n a&ain! d#uble puni!h%en and !el) inc"i%inai#n
1,. In(i#labili0 #) di&ni0 #) %an. ec.
1/. F"eed#% #) %#(e%en. ec.
11. F"eed#% #) a!!e%bl0
12. F"eed#% #) a!!#ciai#n
14. F"eed#% #) "ade. bu!ine!! #" p"#)e!!i#n
15. F"eed#% #) !peech. ec
$6. F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in!iui#n!
$1. Sa)e&ua"d a&ain! a+ai#n )#" pu"p#!e! #) an0 pa"icula" "eli&i#n
$$. Sa)e&ua"d! a! # educai#nal in!iui#n! in "e!pec #) "eli&i#n. ec
$*. P"#(i!i#n a! # p"#pe"0
$,. P"#eci#n #) p"#pe"0 "i&h!
$/. E7uali0 #) cii8en!
$1. N#n9di!c"i%inai#n in "e!pec #) acce!! # public place!
$2. Sa)e&ua"d a&ain! di!c"i%inai#n in !e"(ice!
$4. P"e!e"(ai#n #) lan&ua&e. !c"ip and culu"e
$5. P"inciple! #) P#lic0
*6. Re!p#n!ibili0 -ih "e!pec # P"inciple! #) P#lic0
*1. I!la%ic -a0 #) li)e
*$. P"#%#i#n #) l#cal :#(e"n%en in!iui#n!
**. Pa"#chial and #he" !i%ila" p"e'udice! # be di!c#u"a&ed
*,. Full pa"icipai#n #) -#%en in nai#nal li)e
*/. P"#eci#n #) )a%il0. ec.
*1. P"#eci#n #) %in#"iie!
*2. P"#%#i#n #) !#cial 'u!ice and e"adicai#n #) !#cial e(il!
*4. P"#%#i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple
*5. Pa"icipai#n #) pe#ple in A"%ed F#"ce!
,6. S"en&henin& b#nd! -ih Mu!li% -#"ld and p"#%#in&
ine"nai#nal peace
,1. The P"e!iden
,$. Oah #) P"e!iden
,*. C#ndii#n! #) P"e!iden;! #))ice
,,. Te"% #) #))ice #) P"e!iden
,/. P"e!iden;! p#-e" # &"an pa"d#n. ec.
,1. P"e!iden # be <ep in)#"%ed
,2. Re%#(al #" i%peach%en #) P"e!iden
,4. P"e!iden # ac #n ad(ice. ec
,5. Chai"%an #" Spea<e" # ac a!. #" pe")#"% )unci#n! #). P"e!iden
/6. Ma'li!9e9Sh##"a =Pa"lia%en>
/1. Nai#nal A!!e%bl0
/$. 3u"ai#n #) Nai#nal A!!e%bl0
/*. Spea<e" and 3epu0 Spea<e" #) Nai#nal A!!e%bl0
/,. Su%%#nin& and p"#"#&ai#n #) Ma'li!9e9Sh##"a =Pa"lia%en>
//. ?#in& in A!!e%bl0 and 7u#"u%
/1. Add"e!! b0 P"e!iden
/2. Ri&h # !pea< in Ma'li!9e9Sh##"a =Pa"lia%en>
/4. 3i!!#lui#n #) he Nai#nal A!!e%bl0
/5. The Senae
16. Chai"%an and 3epu0 Chai"%an
11. Ohe" p"#(i!i#n! "elain& # Senae
1$. @uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>
1*. 3i!7uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a
=Pa"lia%en>
1*A. 3i!7uali)icai#n #n &"#und! #) de)eci#n. ec.
1,. ?acai#n #) !ea!
1/. Oah #) %e%be"!
11. P"i(ile&e! #) %e%be"!. ec.
12. Rule! #) P"#cedu"e. ec.
14. Re!"ici#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en>
15. C#u"! n# # in7ui"e in# p"#ceedin&! #) Ma'li!9e9Sh##"a
=Pa"lia%en>
26. In"#duci#n and pa!!in& #) Bill!
21. ABBBBBC
2$. P"#cedu"e a '#in !iin&!
2*. P"#cedu"e -ih "e!pec # M#ne0 Bill
2,. Fede"al :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!
2/. P"e!iden;! a!!en # Bill!
21. Bill n# # lap!e #n p"#"#&ai#n. ec.
22. Ta+ # be le(ied b0 la- #nl0
24. Fede"al C#n!#lidaed Fund and Public Acc#un
25. Cu!#d0. ec.. #) Fede"al C#n!#lidaed Fund and Public Acc#un
46. Annual Bud&e Sae%en
41. E+pendiu"e cha"&ed up#n Fede"al C#n!#lidaed Fund
4$. P"#cedu"e "elain& # Annual Bud&e Sae%en
4*. Auhenicai#n #) !chedule #) auh#"i!ed e+pendiu"e
4,. Supple%ena"0 and e+ce!! &"an!
4/. ?#e! #n acc#un
41. P#-e" # auh#"i!e e+pendiu"e -hen A!!e%bl0 !and! di!!#l(ed
42. Sec"ea"ia! #) Ma'li!9e9Sh##"a =Pa"lia%en>
44. Finance C#%%iee!
45. P#-e" #) P"e!iden # p"#%ul&ae O"dinance!
56. The Fede"al :#(e"n%en
51. The Cabine
5$. Fede"al Mini!e"! and Mini!e"! #) Sae
5*. Ad(i!e"!
5,. P"i%e Mini!e" c#ninuin& in #))ice
5/. ?#e #) n#9c#n)idence a&ain! P"i%e Mini!e"
51. ABBBBBC
52. E+en #) e+ecui(e auh#"i0 #) Fede"ai#n
54. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!
55. C#nduc #) bu!ine!! #) Fede"al :#(e"n%en
166. A#"ne09:ene"al )#" Pa<i!an
161. App#in%en #) :#(e"n#"
16$. Oah #) #))ice
16*. C#ndii#n! #) :#(e"n#";! #))ice
16,. Spea<e" P"#(incial A!!e%bl0 # ac a!. #" pe")#"% )unci#n! #)
:#(e"n#" in hi! ab!ence
16/. :#(e"n#" # ac #n ad(ice. ec
161. C#n!iui#n #) P"#(incial A!!e%blie!
162. 3u"ai#n #) P"#(incial A!!e%bl0
164. Spea<e" and 3epu0 Spea<e"
165. Su%%#nin& and p"#"#&ain# #) P"#(incial A!!e%bl0
116. Ri&h #) :#(e"n#" # add"e!! P"#(incial A!!e%bl0
111. Ri&h # !pea< in P"#(incial A!!e%bl0
11$. 3i!!#lui#n #) P"#(incial A!!e%bl0
11*. @uali)icai#n! and di!7uali)icai#n! )#" %e%be"!hip #) P"#(incial
A!!e%bl0
11,. Re!"ici#n #n di!cu!!i#n in P"#(incial A!!e%bl0
11/. P"#(incial :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!
111. :#(e"n#";! a!!en # Bill!
112. Bill n# # lap!e #n p"#"#&ai#n. ec
114. P"#(incial C#n!#lidaed Fund and Public Acc#un
115. Cu!#d0. ec.. #) P"#(incial C#n!#lidaed Fund and Public Acc#un
1$6. Annual Bud&e Sae%en
1$1. E+pendiu"e cha"&ed up#n P"#(incial C#n!#lidaed Fund
1$$. P"#cedu"e "elain& # Annual Bud&e Sae%en
1$*. Auhenicai#n #) !chedule #) auh#"i8ed e+pendiu"e
1$,. Supple%ena"0 and e+ce!! &"an
1$/. ?#e! #n acc#un
1$1. P#-e" # auh#"i8e e+pendiu"e -hen A!!e%bl0 !and! di!!#l(ed
1$2. P"#(i!i#n! "elain& # Nai#nal A!!e%bl0. ec.. # appl0 #
P"#(incial A!!e%bl0. ec.
1$4. P#-e" #) :#(e"n#" # p"#%ul&ae O"dinance!
1$5. The P"#(incial :#(e"n%en
1*6. The Cabine
1*1. :#(e"n#" # be <ep in)#"%ed
1*$. P"#(incial Mini!e"
1**. Chie) Mini!e" c#ninuin& in #))ice
1*,. ABBBBBC
1*/. ABBBBBC
1*1. ?#e #) n#9c#n)idence a&ain! Chie) Mini!e"
1*2. E+en #) e+ecui(e auh#"i0 #) P"#(ince
1*4. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!
1*5. C#nduc #) bu!ine!! #) P"#(incial :#(e"n%en
1,6. Ad(#cae9:ene"al )#" a P"#(ince
1,6A. L#cal :#(e"n%en
1,1. E+en #) Fede"al and P"#(incial la-!
1,$. Sub'ec9%ae" #) Fede"al and P"#(incial la-!
1,*. Inc#n!i!enc0 be-een Fede"al and P"#(incial la-
1,,. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en> # le&i!lae )#" A#neC #" %#"e
P"#(ince! b0 c#n!en
1,/. P#-e" #) P"e!iden # di"ec :#(e"n#" # di!cha"&e ce"ain
)unci#n! a! hi! A&en
1,1. P#-e" #) Fede"ai#n # c#n)e" p#-e"!. ec.. #n P"#(ince!. in ce"ain
ca!e!
1,2. P#-e" #) he P"#(ince! # en"u! )unci#n! # he Fede"ai#n
1,4. Obli&ai#n #) P"#(ince! and Fede"ai#n
1,5. 3i"eci#n! # P"#(ince! in ce"ain ca!e!
1/6. Full )aih and c"edi )#" public ac!. ec
1/1. Ine"9P"#(incial "ade
1/$. Ac7ui!ii#n #) land )#" Fede"al pu"p#!e!
1/*. C#uncil #) C#%%#n Ine"e!!
1/,. Funci#n! and "ule! #) p"#cedu"e
1//. C#%plain! a! # ine")e"ence -ih -ae" !upplie!
1/1. Nai#nal Ec#n#%ic C#uncil
1/2. Elec"ici0
1/4. P"i#"i0 #) "e7ui"e%en! #) nau"al &a!
1/5. B"#adca!in& and eleca!in&
116. Nai#nal Finance C#%%i!!i#n
111. Nau"al &a! and h0d"#9elec"ic p#-e"
11$. P"i#" !anci#n #) P"e!iden # Bill! a))ecin& a+ai#n in -hich
P"#(ince! a"e ine"e!ed
11*. P"#(incial a+e! in "e!pec #) p"#)e!!i#n!. ec
11,. :"an! #u #) C#n!#lidaed Fund
11/. E+e%pi#n #) ce"ain public p"#pe"0 )"#% a+ai#n
11/A. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en> # i%p#!e a+ #n he inc#%e
#) ce"ain c#"p#"ai#n!. ec
111. B#""#-in& b0 Fede"al :#(e"n%en
112. B#""#-in& b0 P"#(incial :#(e"n%en
114. Audi#"9:ene"al #) Pa<i!an
115. Funci#n! and p#-e"! #) Audi#"9:ene"al
126. P#-e" #) Audi#"9:ene"al # &i(e di"eci#n! a! # acc#un!
121. Rep#"! #) Audi#"9:ene"al
12$. O-ne"le!! p"#pe"0
12*. P#-e" # ac7ui"e p"#pe"0 and # %a<e c#n"ac!. ec
12,. Sui! and p"#ceedin&!
12/. E!abli!h%en and Du"i!dici#n #) C#u"!
12/A. App#in%en #) Dud&e! # he Sup"e%e C#u". Hi&h C#u"! and
he Fede"al Sha"ia C#u"
121. C#n!iui#n #) Sup"e%e C#u"
122. App#in%en #) Sup"e%e C#u" Dud&e!
124. Oah #) O))ice
125. Rei"in& A&e
146. Acin& Chie) Du!ice
141. Acin& Dud&e!
14$. App#in%en #) ad h#c Dud&e!
14*. Sea #) he Sup"e%e C#u"
14,. O"i&inal Du"i!dici#n #) Sup"e%e C#u"
14/. Appellae Du"i!dici#n #) Sup"e%e C#u"
141. Ad(i!#"0 Du"i!dici#n
141A. P#-e" #) Sup"e%e C#u" # T"an!)e" Ca!e!
142. I!!ue and E+ecui#n #) P"#ce!!e! #) Sup"e%e C#u"
144. Re(ie- #) Dud&%en! #" O"de"! b0 he Sup"e%e C#u"
145. 3eci!i#n! #) Sup"e%e C#u" bindin& #n #he" C#u"!
156. Aci#n in aid #) Sup"e%e C#u"
151. Rule! #) P"#cedu"e
15$. C#n!iui#n #) Hi&h C#u"
15*. App#in%en #) Hi&h C#u" Dud&e!
15,. Oah #) O))ice
15/. Rei"in& A&e
151. Acin& Chie) Du!ice
152. Addii#nal Dud&e!
154. Sea #) he Hi&h C#u"
155. Du"i!dici#n #) Hi&h C#u"
$66. T"an!)e" #) Hi&h C#u" Dud&e!
$61. 3eci!i#n #) Hi&h C#u" bindin& #n Sub#"dinae C#u"!
$6$. Rule! #) P"#cedu"e
$6*. Hi&h C#u" # !upe"inend Sub#"dinae C#u"!
$6*A. P"#(i!i#n! #) Chape" # #(e""ide #he" P"#(i!i#n! #) C#n!iui#n
$6*B. 3e)inii#n!
$6*C. The Fede"al Sha"ia C#u"
$6*CC ABBBBC
$6*3. P#-e"!. Du"i!dici#n and Funci#n! #) he C#u"
$6*33 Re(i!i#n and #he" Du"i!dici#n #) he C#u"
$6*E. P#-e"! and P"#cedu"e #) he C#u"
$6*F. Appeal # Sup"e%e C#u"
$6*:. Ba" #) Du"i!dici#n
$6*:: 3eci!i#n #) C#u" bindin& #n Hi&h C#u" and C#u"! !ub#"dinae # i
$6*H. Pendin& p"#ceedin&! # c#ninue. ec
$6*I. ABBBBC
$6*D. P#-e" # %a<e Rule!
$6,. C#ne%p #) C#u"
$6/. Re%une"ai#n. ec.. #) Dud&e!
$61. Re!i&nai#n
$62. Dud&e n# # h#ld O))ice #) P"#)i. ec
$64. O))ice"! and Se"(an! #) C#u"!
$65. Sup"e%e Dudicial C#uncil
$16. P#-e" #) C#uncil # en)#"ce aendance #) pe"!#n!. ec
$11. Ba" #) Du"i!dici#n
$1$. Ad%ini!"ai(e C#u"! and T"ibunal!
$1$AEB. ABBBBBC
$1*. Chie) Eleci#n C#%%i!!i#ne"
$1,. C#%%i!!i#ne";! #ah #) #))ice
$1/. Te"% #) #))ice #) C#%%i!!i#ne"
$11. C#%%i!!i#ne" n# # h#ld #))ice #) p"#)i
$12. Acin& C#%%i!!i#ne"
$14. Eleci#n C#%%i!!i#n
$15. 3uie! #) C#%%i!!i#n
$$6. E+ecui(e auh#"iie! # a!!i! C#%%i!!i#n. ec
$$1. O))ice"! and !e"(an!
$$$. Elec#"al la-!
$$*. Ba" a&ain! d#uble %e%be"!hip
$$,. Ti%e #) eleci#n and b09eleci#n
$$/. Eleci#n di!pue
$$1. Eleci#n b0 !ec"e ball#
$$2. P"#(i!i#n! "elain& # he H#l0 @u";an and Sunnah
$$4. C#%p#!ii#n. ec. #) I!la%ic C#uncil
$$5. Re)e"ence b0 Ma'li!9e9Sh##"a =Pa"lia%en>. ec. # I!la%ic C#uncil
$*6. Funci#n! #) I!la%ic C#uncil
$*1. Rule! #) p"#cedu"e
$*$. P"#cla%ai#n #) e%e"&enc0 #n acc#un #) -a". ine"nal
di!u"bance. ec
$**. P#-e" # !u!pend Funda%enal Ri&h!. ec.. du"in& e%e"&enc0
pe"i#d
$*,. P#-e" # i!!ue P"#cla%ai#n in ca!e #) )ailu"e #) c#n!iui#nal
%achine"0 in a P"#(ince
$*/. P"#cla%ai#n in ca!e #) )inancial e%e"&enc0
$*1. Re(#cai#n #) P"#cla%ai#n. ec
$*2. Ma'li!9e9Sh##"a =Pa"lia%en> %a0 %a<e la-! #) inde%ni0. ec
$*4. A%end%en #) C#n!iui#n
$*5. C#n!iui#n. A%end%en Bill
$,6. App#in%en! # !e"(ice #) Pa<i!an and c#ndii#n! #) !e"(ice
$,1. E+i!in& "ule!. ec.. # c#ninue
$,$. Public Se"(ice C#%%i!!i#n
$,*. C#%%and #) A"%ed F#"ce!
$,,. Oah #) A"%ed F#"ce!
$,/. Funci#n! #) A"%ed F#"ce!
$,1. T"ibal A"ea!
$,2. Ad%ini!"ai#n #) T"ibal A"ea!
$,4. P"#eci#n # P"e!iden. :#(e"n#". Mini!e". ec
$,5. Le&al p"#ceedin&!
$/6. Sala"ie!. all#-ance!. ec.. #) he P"e!iden. ec
$/1. Nai#nal lan&ua&e
$/$. Special p"#(i!i#n! in "elai#n # %a'#" p#"! and ae"#d"#%e!
$/*. Ma+i%u% li%i! a! # p"#pe"0. ec
$/,. Failu"e # c#%pl0 -ih "e7ui"e%en a! # i%e d#e! n# "ende" an
ac in(alid
$//. Oah #) #))ice
$/1. P"i(ae a"%ie! )#"bidden
$/2. P"#(i!i#n "elain& # he Sae #) Da%%u and Ka!h%i"
$/4. :#(e"n%en #) e""i#"ie! #u!ide P"#(ince!
$/5. A-a"d!
$16. 3e)inii#n!
$11. Pe"!#n acin& in #))ice n# # be "e&a"ded a! !ucce!!#" # p"e(i#u!
#ccupan #" #))ice. ec
$1$. :"e&#"ian calenda" # be u!ed
$1*. :ende" and nu%be"
$1,. E))ec #) "epeal #) la-!
$1/. Tile #) C#n!iui#n and c#%%ence%en
$11. Repeal
$12. P#-e" #) P"e!iden # "e%#(e di))iculie!
$12A. P#-e" # "e%#(e di))iculie!
$12B. Re%#(al #) d#ub
$14. C#ninuance in )#"ce. and adapai#n #) ce"ain la-!
$15. ?alidai#n #) la-!. ac!. ec
$26. Te%p#"a"0 (alidai#n #) ce"ain la-!. ec
$26A. A))i"%ai#n #) P"e!iden;! O"de"!. ec
$26AA. 3ecla"ai#n and c#ninuance #) la-! ec
$26AAA. Validation and affirmation of laws etc
270B. Eleci#n! # be dee%ed # be held unde" C#n!iui#n
$26BB. :ene"al Eleci#n! $664
$26C. Oah #) #))ice #) Dud&e!. ec
$21. Fi"! Nai#nal A!!e%bl0
$2$. Fi"! c#n!iui#n #) Senae
$2*. Fi"! P"#(incial A!!e%bl0
$2,. ?e!in& #) p"#pe"0. a!!e!. "i&h!. liabiliie! and #bli&ai#n!
$2/. C#ninuance in #))ice #) pe"!#n! in !e"(ice #) Pa<i!an. ec
$21. Oah #) )i"! P"e!iden
$22. T"an!ii#nal. )inancial p"#(i!i#n!
$24. Acc#un! n# audied be)#"e c#%%encin& da0
$25. C#ninuance #) a+e!
$46. C#ninuance #) P"#cla%ai#n #) E%e"&enc0
FIRST SCHE3ULE
SECON3 SCHE3ULE
THIR3 SCHE3ULE
FOURTH SCHE3ULE
FIFTH SCHE3ULE
SIFTH SCHE3ULE
TEFT
(In the name of Allah, the most Beneficent, the most Merciful.)
THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN
[12
th
April, 1973]
P"ea%ble.9 Whereas sovereignty over the entire Universe belongs to
Almighty Allah alone, and the authority to be exercised by the people of Pakistan
within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an order;
Wherein the tate shall exercise its powers and authority through the
chosen representatives of the people;
Wherein the principles of democracy, freedom, e!uality, tolerance and
social "ustice, as enunciated by #slam, shall be fully observed;
Wherein the $uslims shall be enabled to order their lives in the individual
and collective spheres in accordance with the teachings and re!uirements of #slam
as set out in the Holy %uran and unnah;
Wherein ade!uate provision shall be made for the minorities freely to
profess and practise their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and
such other territories as may hereafter be included in or accede to Pakistan shall
form a &ederation wherein the units will be autonomous with such boundaries and
limitations on their powers and authority as may be prescribed;
Wherein shall be guaranteed fundamental rights, including e!uality of
status, of opportunity and before law, social, economic and political "ustice, and
freedom of thought, expression, belief, faith, worship and association, sub"ect to
law and public morality;
Wherein ade!uate provision shall be made to safeguard the legitimate
interests of minorities and backward and depressed classes;
Wherein the independence of the "udiciary shall be fully secured;
Wherein the integrity of the territories of the &ederation, its independence
and all its rights, including its sovereign rights on land, sea and air, shall be
safeguarded;
o that the people of Pakistan may prosper and attain their rightful and
honoured place amongst the nations of the World and make their full contribution
towards international peace and progress and happiness of humanity;
'ow, therefore, we, the people of Pakistan;
(onscious of our responsibility before Almighty Allah and men;
(ogni)ant of the sacrifices made by the people in the cause of Pakistan;
&aithful to the declaration made by the &ounder of Pakistan, %uaid*i*A)am
$ohammad Ali +innah, that Pakistan would be a democratic tate based on
#slamic principles of social "ustice;
,edicated to the preservation of democracy achieved by the unremitting
struggle of the people against oppression and tyranny;
#nspired by the resolve to protect our national and political unity and
solidarity by creating an egalitarian society through a new order;
,o hereby, through our representatives in the 'ational Assembly, adopt,
enact and give to ourselves, this (onstitution-
*********
PART I
In"#duc#"0
1. The Republic and i! e""i#"ie!. ./0 Pakistan shall be &ederal 1epublic
to be known as the #slamic 1epublic of Pakistan, hereinafter referred to as
Pakistan-
.20 3he territories of Pakistan shall comprise 4*
.a0 the Provinces of
/
5alochistan, the
2
6hyber Pakhtunkhwa, the Pun"ab
and
7
indh;
.b0 the #slamabad (apital 3erritory, hereinafter referred to as the &ederal
(apital;
.c0 the &ederally Administered 3ribal Areas; and
.d0 such tates and territories as are or may be included in Pakistan,
whether by accession or otherwise-
.70 $a"lis*e*hoora .Parliament0 may by law admit into the &ederation
new tates or areas on such terms and conditions as it thinks fit-
$. I!la% # be Sae "eli&i#n- #slam shall be the tate religion of Pakistan-
$A. The Ob'eci(e! Re!#lui#n # )#"% pa" #) !ub!ani(e p"#(i!i#n!-
3he principles and provisions set out in the ob"ectives 1esolution reproduced in
the Annex are hereby made substantive part of the (onstitution and shall have
effect accordingly-
*. Eli%inai#n #) e+pl#iai#n- 3he tate shall ensure the elimination of all
forms of exploitation and the gradual fulfillment of the fundamental principle, from
each according to his ability to each according to his work-
,. Ri&h #) indi(idual! # be deal -ih in acc#"dance -ih la-. ec- ./0
3o en"oy the protection of law and to be treated in accordance with law is the
inalienable right of every citi)en, wherever he may be, and of every other person
for the time being within Pakistan-
.20 #n particular*
.a0 no action detrimental to the life, liberty, body, reputation or property
of any person shall be taken except in accordance with law;
.b0 no person shall be prevented from or be hindered in doing that which
is not prohibited by law; and
.c0 no person shall be compelled to do that which the law does not
re!uire him to do-
/. L#0al0 # Sae and #bedience # C#n!iui#n and la-- ./0 8oyalty to
the tate is the basic duty of every citi)en-
.20 9bedience to the (onstitution and law is the inviolable obligation of
every citi)en wherever he may be and of every other person for the time being
within Pakistan-
1
Words :5aluchistan; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
2
Words :'orth West &rontier; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
3
Words :indh; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1. Hi&h "ea!#n- ./0
>
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 (onstitution by use of force or show of
force or by any other unconstitutional means shall be guilty of high treason-
.20 Any person aiding or abetting
?
@or collaboratingA the acts mentioned
in clause ./0 shall likewise be guilty of high treason-
B
.2A0 An act of high treason mentioned in clause ./0 or clause .20 shall
not be validated by any court including the upreme (ourt and a High (ourt-
.70 @$a"lis*e*hoora .Parliament0A shall by law provide for the
punishment of persons found guilty of high treason-
PART II
Funda%enal Ri&h! and P"inciple! #) P#lic0
2. 3e)inii#n #) he Sae- #n this Part, unless the context otherwise re!uires,
Cthe tateC means the &ederal Dovernment, $a"lis*e*hoora .Parliament0, a
Provincial Dovernment, a Provincial Assembly, and such local or other authorities
in Pakistan as are by law empowered to impose any tax or cess-
Chape" 1. G Funda%enal Ri&h!
4. La-! inc#n!i!en -ih #" in de"#&ai#n #) )unda%enal "i&h! # be
(#id- ./0 Any law, or any custom or usage having the force of law, in so far as it is
inconsistent with the rights conferred by this (hapter, shall, to the extent of such
inconsistency, be void-
.20 3he tate shall not make any law which takes away or abridges the
rights so conferred and any law made in contravention of this clause shall, to the
extent of such contravention, be void-
.70 3he provisions of this Article shall not apply to*
.a0 any law relating to members of the Armed &orces, or of the police or
of such other forces as are charged with the maintenance of public
order, for the purpose of ensuring the proper discharge of their duties
or the maintenance of discipline among them; or
.b0 any of the*
.i0 laws specified in the &irst chedule as in force immediately
before the commencing day or as amended by any of the laws
specified in that chedule;
.ii0 other laws specified in Part # of the &irst chedule;
and no such law nor any provision thereof shall be void on the
ground that such law or provision is inconsistent with, or
repugnant to, any provision of this (hapter-
.>0 'otwithstanding anything contained in paragraph .b0 of clause .70,
within a period of two years from the commencing day, the appropriate 8egislature
shall bring the laws specified in Part ## of the &irst chedule into conformity with
the rights conferred by this (hapter4
Provided that the appropriate 8egislature may by resolution extend the said
period of two years by a period not exceeding six months-
E+planai#nH9 #f in respect of any law $a"lis*e*hoora .Parliament0 is the
appropriate 8egislature, such resolution shall be a resolution of the 'ational
Assembly-
4
Words :Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires
to subvert the (onstitution by use of force or show of force or by other unconstitutional means shall be guilty
of high treason-; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
5
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
6
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.?0 3he rights conferred by this (hapter shall not be suspended except
as expressly provided by the (onstitution-
5. Secu"i0 #) pe"!#n- 'o person shall be deprived of life or liberty saves in
accordance with law-
16. Sa)e&ua"d! a! # a""e! and deeni#n- ./0 'o person who is arrested
shall be detained in custody without being informed, as soon as may be, of the
grounds for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice-
.20 <very person who is arrested and detained in custody shall be
produced before a magistrate within a period of twenty*four hours of such arrest,
excluding the time necessary for the "ourney from the place of arrest to the court
of the nearest magistrate, and no such person shall be detained in custody
beyond the said period without the authority of a magistrate-
.70 'othing in clauses ./0 and .20 shall apply to any person who is
arrested or detained under any law providing for preventive detention-
.>0 'o law providing for preventive detention shall be made except to
deal with persons acting in a manner pre"udicial to the integrity, security or
defence of Pakistan or any part thereof, or external affairs of Pakistan, or public
order, or the maintenance of supplies or services, and no such law shall authorise
the detention of a person for a period exceeding three months unless the
appropriate 1eview 5oard has, after affording him an opportunity of being heard in
person, reviewed his case and reported, before the expiration of the said period,
that there is, in its opinion, sufficient cause for such detention, and, if the detention
is continued after the said period of three months, unless the appropriate 1eview
5oard has reviewed his case and reported, before the expiration of each period of
three months, that there is, in its opinion, sufficient cause for such detention-
E+planai#n I-#n this Article, Cthe appropriate 1eview 5oardC means,
.i0 in the case of a person detained under a &ederal law, a 5oard
appointed by the (hief +ustice of Pakistan and consisting of a
(hairman and two other persons, each of whom is or has been a
+udge of the upreme (ourt or a High (ourt; and
.ii0 in the case of a Person detained under a Provincial law, a 5oard
appointed by the (hief +ustice of the High (ourt concerned and
consisting of a (hairman and two other persons, each of whom is or
has been a +udge of a High (ourt-
E+planai#n II-3he opinion of a 1eview 5oard shall be expressed in terms
of the views of the ma"ority of its members-
.?0 When any person is detained in pursuance of an order made under
any law providing for preventive detention, the authority making the order shall,
within fifteen days from such detention, communicate to such person the grounds
on which the order has been made, and shall afford him the earliest opportunity of
making a representation against the order4
Provided that the authority making any such order may refuse to disclose facts
which such authority considers it to be against the public interest to disclose-
.B0 3he authority making the order shall furnish to the appropriate
1eview 5oard all documents relevant to the case unless a certificate, signed by a
ecretary to the Dovernment concerned, to the effect that it is not in the public
interest to furnish any documents, is produced-
.E0 Within a period of twenty*four months commencing on the day of his
first detention in pursuance of an order made under a law providing for preventive
detention, no person shall be detained in pursuance of any such order for more
than a total period of eight months in the case of a person detained for acting in a
manner pre"udicial to public order and twelve months in any other case4
Provided that this clause shall not apply to any person who is employed by,
or works for, or acts on instructions received from, the enemy or who is acting or
attempting to act in a manner pre"udicial to the integrity, security or defence of
Pakistan or any part thereof or who commits or attempts to commit any act which
amounts to an anti*national activity as defined in a &ederal law or is a member of
any association which has for its ob"ects, or which indulges in, any such anti*
national activity-
.F0 3he appropriate 1eview 5oard shall determine the place of detention
of the person detained and fix a reasonable subsistence allowance for his family-
.G0 'othing in this Article shall apply to any person who for the time
being is an enemy alien-
2
A16A- Ri&h # )ai" "ial- &or 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-A
11. Sla(e"0. )#"ced lab#u". ec.. p"#hibied- ./0 lavery is non*existent and
forbidden and no law shall permit or facilitate its introduction into Pakistan in any
form-
.20 All forms of forced labour and traffic in human beings are prohibited-
.70 'o child below the age of fourteen years shall be engaged in any
factory or mine or any other ha)ardous employment-
.>0 'othing in this Article shall be deemed to affect compulsory service
.a0 by any person undergoing punishment for an offence against any
law; or
.b0 re!uired by any law for public purpose4
Provided that no compulsory service shall be of a cruel nature or
incompatible with human dignity-
1$. P"#eci#n a&ain! "e"#!peci(e puni!h%en-./0 'o law shall authori)e
the punishment of a person*
.a0 for an act or omission that was not punishable by law at the time of
the act or omission; or
.b0 for an offence by a penalty greater than, or of a kind different from,
the penalty prescribed by law for that offence at the time the offence
was committed-
.20 'othing in clause ./0 or in Article 2E= shall apply to any law making
acts of abrogation or subversion of a (onstitution in force in Pakistan at any time
since the twenty*third day of $arch, one thousand nine hundred and fifty*six, an
offence-
1*. P"#eci#n a&ain! d#uble puni!h%en and !el) inc"i%inai#n- 'o
person*
.a0 shall be prosecuted or punished for the same offence more than
once; or
.b0 shall, when accused of an offence, be compelled to be a witness
against himself-
1,. In(i#labili0 #) di&ni0 #) %an. ec-./0 3he dignity of man and, sub"ect to
law, the privacy of home, shall be inviolable-
.20 'o person shall be sub"ected to torture for the purpose of extracting
evidence-
1/. F"eed#% #) %#(e%en. ec- <very citi)en shall have the right to remain
in, and, sub"ect to any reasonable restriction imposed by law in the public interest,
7
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
enter and move freely throughout Pakistan and to reside and settle in any part
thereof-
11. F"eed#% #) a!!e%bl0- <very citi)en shall have the right to assemble
peacefully and without arms, sub"ect to any reasonable restrictions imposed by
law in the interest of public order-
F
@12. F"eed#% #) a!!#ciai#n-./0 <very citi)en shall have the right to form
associations or unions, sub"ect to any reasonable restrictions imposed by law
in the interest of sovereignty or integrity of Pakistan, public order or morality-
.20 <very citi)en, not being in the service of Pakistan, shall have the
right to form or be a member of a political party, sub"ect 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 &ederal Dovernment
declares that any political party has been formed or is operating in a manner
pre"udicial to the sovereignty or integrity of Pakistan, the &ederal Dovernment
shall, within fifteen days of such declaration, refer the matter to the upreme
(ourt whose decision on such reference shall be final-
.70 <very political party shall account for the source of its funds in
accordance with law-A
14. F"eed#% #) "ade. bu!ine!! #" p"#)e!!i#n- ub"ect to such
!ualifications, if any, as may be prescribed by law, every citi)en shall have the
right to enter upon any lawful profession or occupation, and to conduct any lawful
trade or business4
Provided that nothing in this Article shall prevent*
.a0 the regulation of any trade or profession by a licensing system; or
.b0 the regulation of trade, commerce or industry in the interest of free
competition therein; or
.c0 the carrying on, by the &ederal Dovernment or a Provincial
Dovernment, or by a corporation controlled by any such
Dovernment, of any trade, business, industry or service, to the
exclusion, complete or partial, of other persons-
15. F"eed#% #) !peech. ec-<very citi)en shall have the right to freedom of
speech and expression, and there shall be freedom of the press, sub"ect to any
reasonable restrictions imposed by law in the interest of the glory of #slam or the
integrity, security or defence of Pakistan or any part thereof, friendly relations with
foreign tates, public order, decency or morality, or in relation to contempt of
court, commission of or incitement to an offence-
5
A15A. Ri&h # in)#"%ai#n- <very citi)en shall have the right to have
access to information in all matters of public importance sub"ect to regulation
and reasonable restrictions imposed by law-A
8
3he following complete Article 'o-/E substituted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
./0<very citi)en shall have the right to form associations or unions, sub"ect to any reasonable restrictions
imposed by law in the interest of @sovereignty or integrity of Pakistan, public order or moralityA- @.20<very
citi)en, not being in the service of Pakistan, shall have the right to form or be a member of a political party,
sub"ect to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of
Pakistan @or public orderA and such law shall provide that where the &ederal Dovernment declare that any
political party has been formed or is operating in a manner pre"udicial to the sovereignty or integrity of
Pakistan @or public orderA, the &ederal Dovernment shall, within fifteen days of such declaration, refer the
matter to the upreme (ourt whose decision on such reference shall be final-
@Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or
constituted as a militant group or section-A.70<very political party shall account for the source of its funds in
accordance with law-A@.>0<very political party shall, sub"ect to law, hold intra*party elections to elect its
office*bearers and party leaders-A
9
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
$6. F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in!iui#n!-
ub"ect to law, public order and morality,*
.a0 every citi)en shall have the right to profess, practise and propagate
his religion; and
.b0 every religious denomination and every sect thereof shall have the
right to establish, maintain and manage its religious institutions-
$1. Sa)e&ua"d a&ain! a+ai#n )#" pu"p#!e! #) an0 pa"icula" "eli&i#n-'o
person shall be compelled to pay any special tax the proceeds of which are to be
spent on the propagation or maintenance of any religion other than his own-
$$. Sa)e&ua"d! a! # educai#nal in!iui#n! in "e!pec #) "eli&i#n. ec-
./0 'o person attending any educational institution shall be re!uired to receive
religious instruction, or take part in any religious ceremony, or attend religious
worship, if such instruction, ceremony or worship relates to a religion other than
his own-
.20 #n respect of any religious institution, there shall be no discrimination
against any community in the granting of exemption or concession in relation to
taxation-
.70 ub"ect to law,
.a0 no religious community or denomination shall be prevented from
providing religious instruction for pupils of that community or
denomination in any educational institution maintained wholly by that
community or denomination; and
.b0 no citi)en shall be denied admission to any educational institution
receiving aid from public revenues on the ground only of race,
religion, caste or place of birth-
.>0 'othing in this Article shall prevent any public authority from making
provision for the advancement of any socially or educationally backward class of
citi)ens-
$*. P"#(i!i#n a! # p"#pe"0- <very citi)en shall have the right to ac!uire,
hold and dispose of property in any part of Pakistan, sub"ect to the (onstitution
and any reasonable restrictions imposed by law in the public interest-
$,. P"#eci#n #) p"#pe"0 "i&h!- ./0 'o person shall be compulsorily
deprived of his property save in accordance with law-
.20 'o property shall be compulsorily ac!uired or taken possession of
save for a public purpose, and save by the authority of law which provides for
compensation therefore and either fixes the amount of compensation or specifies
the principles on and the manner in which compensation is to be determined and
given-
.70 'othing in this Article shall affect the validity of*
.a0 any law permitting the compulsory ac!uisition or taking possession
of any property for preventing danger to life, property or public
health; or
.b0 any law permitting the taking over of any property which has been
ac!uired by, or come into the possession of, any person by any
unfair means, or in any manner, contrary to law; or
.c0 any law relating to the ac!uisition, administration or disposal of any
property which is or is deemed to be enemy property or evacuee
property under any law .not being property which has ceased to be
evacuee property under any law0; or
.d0 any law providing for the taking over of the management of any
property by the tate for a limited period, either in the public interest
or in order to secure the proper management of the property, or for
the benefit of its owner; or
.e0 any law providing for the ac!uisition of any class of property for the
purpose of*
.i0 providing education and medical aid to all or any specified
class of citi)ens; or
.ii0 providing housing and public facilities and services such as
roads, water supply, sewerage, gas and electric power to all
or any specified class of citi)ens; or
.iii0 providing maintenance to those who, on account of
unemployment, sickness, infirmity or old age, are unable to
maintain themselves; or
.f0 any existing law or any law made in pursuance of Article 2?7-
.>0 3he ade!uacy or otherwise of any compensation provided for by any
such law as is referred to in this Article, or determined in pursuance thereof, shall
not be called in !uestion in any court-
$/. E7uali0 #) cii8en!-./0 All citi)ens are e!ual before law and are entitled
to e!ual protection of law-
.20 3here shall be no discrimination on the basis of sex
/=
@HHHA-
.70 'othing in this Article shall prevent the tate from making any
special provision for the protection of women and children-
11
A$/A. Ri&h # educai#n- 3he tate 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-A
$1. N#n9di!c"i%inai#n in "e!pec #) acce!! # public place!-./0 #n respect
of access to places of public entertainment or resort not intended for religious
purposes only, there shall be no discrimination against any citi)en on the ground
only of race, religion, caste, sex, residence or place of birth-
.20 'othing in clause ./0 shall prevent the tate from making any special
provision for women and children-
$2. Sa)e&ua"d a&ain! di!c"i%inai#n in !e"(ice!- ./0 'o citi)en otherwise
!ualified for appointment in the service of Pakistan shall be discriminated against
in respect of any such appointment on the ground only of race, religion, caste, sex,
residence or place of birth4
Provided that, for a period not exceeding forty years from the commencing
day, posts may be reserved for persons belonging to any class or area to secure
their ade!uate representation in the service of Pakistan4
Provided further that, in the interest of the said service, specified posts or
services may be reserved for members of either sex if such posts or services
entail the performance of duties and functions which cannot be ade!uately
performed by members of the other sex4
/2
@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 $a"lis*e*hoora .Parliament0-A
.20 'othing in clause ./0 shall prevent any Provincial Dovernment, or
any local or other authority in a Province, from prescribing, in relation to any post
or class of service under that Dovernment or authority, conditions as to residence
in the Province, for a period not exceeding three years, prior to appointment under
that Dovernment or authority-
10
Words :alone; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
11
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
12
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
$4. P"e!e"(ai#n #) lan&ua&e. !c"ip and culu"e-ub"ect to Article 2?/ any
section of citi)ens having a distinct language, script or culture shall have the right
to preserve and promote the same and sub"ect to law, establish institutions for that
purpose-
CHAPTER $.9PARINCIPLES OF POLICI
$5. P"inciple! #) P#lic0- ./0 3he Principles set out in this (hapter shall be
known as the Principles of Policy, and it is the responsibility of each organ and
authority of the tate, and of each person performing functions on behalf of an
organ or authority of the tate, to act in accordance with those Principles in so far
as they relate to the functions of the organ or authority-
.20 #n so far as the observance of any particular Principle of Policy may
be dependent upon resources being available for the purpose, the Principle shall
be regarded as being sub"ect to the availability of resources-
.70 #n respect of each year, the President in relation to the affairs of the
&ederation, and the Dovernor of each Province in relation to the affairs of his
Province, shall cause to be prepared and laid before the
/7
@each House of $a"lis*e*
hoora .Parliament0A or, as the case may be, the Provincial Assembly, a report on
the observance and implementation of the Principles of Policy, and provision shall
be made in the rules of procedure of the 'ational Assembly
/>
@and the enateA or,
as the case may be, the Provincial Assembly, for discussion on such report-
*6. Re!p#n!ibili0 -ih "e!pec # P"inciple! #) P#lic0- ./0 3he
responsibility of deciding whether any action of an organ or authority of the tate,
or of a person performing functions on behalf of an organ or authority of the tate,
is in accordance with the Principles of Policy is that of the organ or authority of the
tate, or of the person, concerned-
.20 3he validity of an action or of a law shall not be called in !uestion on
the ground that it is not in accordance with the Principles of Policy, and no action
shall lie against the tate or any organ or authority of the tate or any person on
such ground-
*1- I!la%ic -a0 #) li)e- ./0 teps shall be taken to enable the $uslims of
Pakistan, individually and collectively, to order their lives in accordance with the
fundamental principles and basic concepts of #slam and to provide facilities
whereby they may be enabled to understand the meaning of life according to the
Holy %uran and unnah-
.20 3he state shall endeavour, as respects the $uslims of Pakistan,*
.a0 to make the teaching of the Holy %uran and #slamiat compulsory, to
encourage and facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of the Holy %uran;
.b0 to promote unity and the observance of the #slamic moral standards;
and
.c0 to secure the proper organisation of )akat, ushr, au!af and mos!ues-
*$. P"#%#i#n #) l#cal :#(e"n%en in!iui#n!-3he tate shall encourage
local Dovernment institutions composed of elected representatives of the areas
concerned and in such institutions special representation will be given to peasants,
workers and women-
**. Pa"#chial and #he" !i%ila" p"e'udice! # be di!c#u"a&ed- 3he tate
shall discourage parochial, racial, tribal sectarian and provincial pre"udices among
the citi)ens-
*,. Full pa"icipai#n #) -#%en in nai#nal li)e- teps shall be taken to
ensure full participation of women in all spheres of national life-
13
Words :'ational Assembly; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
14
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
*/. P"#eci#n #) )a%il0. ec-3he tate shall protect the marriage, the family,
the mother and the child-
*1. P"#eci#n #) %in#"iie!- 3he tate shall safeguard the legitimate rights
and interests of minorities, including their due representation in the &ederal and
Provincial services-
*2. P"#%#i#n #) !#cial 'u!ice and e"adicai#n #) !#cial e(il!- 3he tate
shall*
.a0 promote, with special care, the educational and economic interests
of backward classes or areas;
.b0 remove illiteracy and provide free and compulsory secondary
education within minimum possible period;
.c0 make technical and professional education generally available and
higher education e!ually accessible to all on the basis of merit;
.d0 ensure inexpensive and expeditious "ustice;
.e0 make provision for securing "ust and humane conditions of work,
ensuring that children and women are not employed in vocations
unsuited to their age or sex, and for maternity benefits for women in
employment;
.f0 enable the people of different areas, through education, training,
agricultural and industrial development and other methods, to
participate fully in all forms of national activities, including
employment in the service of Pakistan;
.g0 prevent prostitution, gambling and taking of in"urious drugs, printing,
publication, circulation and display of obscene literature and
advertisements;
.h0 prevent the consumption of alcoholic li!uor otherwise than for
medicinal and, in the case of non*$uslims, religious purposes; and
.i0 decentralise the Dovernment administration so as to facilitate
expeditious disposal of its business to meet the convenience and
re!uirements of the public-
*4. P"#%#i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple-3he tate
shall*
.a0 secure the well*being of the people, irrespective of sex, caste, creed
or race, by raising their standard of living, by preventing the
concentration of wealth and means of production and distribution in
the hands of a few to the detriment of general interest and by
ensuring e!uitable ad"ustment of rights between employers and
employees, and landlords and tenants;
.b0 provide for all citi)ens, within the available resources of the country,
facilities for work and ade!uate livelihood with reasonable rest and
leisure;
.c0 provide for all persons employed in the service of Pakistan or
otherwise, social security by compulsory social insurance or other
means;
.d0 provide basic necessities of life, such as food, clothing, housing,
education and medical relief, for all such citi)ens, irrespective of sex,
caste, creed or race, as are permanently or temporarily unable to
earn their livelihood on account of infirmity, sickness or
unemployment;
.e0 reduce disparity in the income and earnings of individuals, including
persons in the various classes of the service of Pakistan;
/?
@HHHA
15
Words :and; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.f0 eliminate riba as early as possible; and
/B
@.g0 ensure that the shares of the Provinces in all &ederal services,
including autonomous bodies and corporations established by, or
under the control of, the &ederal Dovernment, shall be secured
and any omission in the allocation of the shares of the Provinces
in the past shall be rectified-A
*5. Pa"icipai#n #) pe#ple in A"%ed F#"ce!-3he tate shall enable people
from all parts of Pakistan to participate in the Armed &orces of Pakistan-
,6. S"en&henin& b#nd! -ih Mu!li% -#"ld and p"#%#in& ine"nai#nal
peace-3he tate shall endeavour to preserve and strengthen fraternal relations
among $uslim countries based on #slamic unity, support the common interests of
the peoples of Asia, Africa and 8atin America, promote international peace and
security, foster goodwill and friendly relations among all nations and encourage
the settlement of international disputes by peaceful means-
*******
PART III
The Fede"ai#n #) Pa<i!an
Chape" 1.9The P"e!iden
,1. The P"e!iden-./0 3here shall be a President of Pakistan who shall be the
Head of tate and shall represent the unity of the 1epublic-
.20 A person shall not be !ualified for election as President unless he is
a $uslim of not less than forty*five years of age and is !ualified to be elected as
member of the 'ational Assembly-
.70 3he President
/E
@HHHA shall be elected in accordance with the
provisions of the econd chedule by the members of an electoral college
consisting of4
.a0 the members of both Houses; and
.b0 the members of the Provincial Assemblies-
.>0 <lection to the office of President shall be held not earlier than sixty
days and not later than thirty days before the expiration of the term of the
President in office4
Provided that, if the election cannot be held within the period aforesaid
because the 'ational Assembly is dissolved, it shall be held within thirty days of
the general election to the Assembly-
.?0 An election to fill a vacancy in the office of President shall be held
not later than thirty days from the occurrence of the vacancy4
Provided that, if the election cannot be held within the period aforesaid
because the 'ational Assembly is dissolved, it shall be held within thirty days of
the general election to the Assembly-
.B0 3he validity of the election of the President shall not be called in
!uestion by or before any court or other authority-
/F
@HHHA
16
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
17
Words :to be elected after the term specified in clause .E0; omitted by the (onstitution .<ighteenth
Amendment0 Act /= of 2=/=
18
3he following Article >/.E0,.F0 I .G0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.E0 3he (hief <xecutive of the #slamic 1epublic of Pakistan*
.a0 shall relin!uish the office of (hief <xecutive on such day as he may determine in
accordance with the "udgement of the upreme (ourt of Pakistan of the /2th $ay, 2===;
and
,$. Oah #) P"e!iden-5efore entering upon office, the President shall make
before the (hief +ustice of Pakistan oath in the form set out in the 3hird chedule-
,*. C#ndii#n! #) P"e!iden;! #))ice-./0 3he President shall not hold any
office of profit in the service of Pakistan or occupy any other position carrying the
right to remuneration for the rendering of services-
.20 3he President shall not be a candidate for election as a member of
$a"lis*e*hoora .Parliament0 or a Provincial Assembly; and, if a member of $a"lis*
e*hoora .Parliament0 or a Provincial Assembly is elected as President, his seat in
$a"lis*e*hoora .Parliament0 or, as the case may be, the Provincial Assembly
shall become vacant on the day he enters upon his office-
,,. Te"% #) #))ice #) P"e!iden-./0 ub"ect to the (onstitution, the President
shall hold office for a term of five years from the day he enters upon his office4
Provided that the President shall, notwithstanding the expiration of his
terms, continue to hold office until his successor enters upon his office-
.20 ub"ect to the (onstitution, a person holding office as President shall
be eligible for re*election to that office, but no person shall hold that office for more
than two consecutive terms-
.70 3he President may, by writing under his hand addressed to the
peaker of the 'ational Assembly, resign his office-
,/. P"e!iden;! p#-e" # &"an pa"d#n. ec-3he President shall have power
to grant pardon, reprieve and respite, and to remit, suspend or commute any
sentence passed by any court, tribunal or other authority-
/G
@,1. P"e!iden # be <ep in)#"%ed- 3he Prime $inister shall keep the
President informed on all matters of internal and foreign policy and on all
.b0 having received the democratic mandate to serve the nation as President of Pakistan for a
period of five years shall, on relin!uishing the office of the (hief <xecutive, notwithstanding
anything contained in this Article or Article >7 or any other provision of the (onstitution or
any other law for the time being in force, assume the office of President of Pakistan
forthwith and shall hold office for a term of five years under the (onstitution, and Article >>
and other provisions of the (onstitution shall apply accordingly-
@Provided that paragraph .d0 of clause ./0 of Article B7 shall become operative on and from the 7/st
day of ,ecember, 2==>-
.F0 Without pre"udice to the provisions of clause .E0, any member or members of a House of
$a"lis*e*hoora .Parliament0 or of a Provincial Assembly, individually or "ointly, may, not later than thirty
days from the commencement of the (onstitution .eventeenth Amendment0 Act, 2==7, move a resolution
for vote of confidence for further affirmation of the President in office by ma"ority of the members present
and voting, by division or any other method as prescribed in the rules made by the &ederal Dovernment
under clause .G0, of the electoral college consisting of members of both Houses of $a"lis*e*hoora
.Parliament0 and the Provincial Assemblies, in a special session of each House of $a"lis*e*hoora
.Parliament0 and of each Provincial Assembly summoned for the purpose, and the vote of confidence
having been passed, the President, notwithstanding anything contained in the (onstitution or "udgment of
any court, shall be deemed to be elected to hold office for a term of five years under the (onstitution, and
the same shall not be called in !uestion in any court or forum on any ground whatsoever-
.G0 'otwithstanding anything contained in the (onstitution or any other law for the time being
in force, the proceedings for the vote of confidence referred to in clause .F0 shall be regulated and
conducted by the (hief <lection (ommissioner in accordance with such procedure and the votes shall be
counted in such manner as may be prescribed by the rules framed by the &ederal Dovernment4*
Provided that clauses .F0 and .G0 shall be valid only for the forthcoming vote of confidence for the
current term of the President in office-A
19
3he following Article >B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
,1. P"e!iden # be <ep In)#"%ed.9
#t shall be the duty of the Prime $inister4
.a0 to communicate to the President all decisions of the (abinet relating to the administration
of the affairs of the &ederation and proposals for legislation;
.b0 to furnish such information relating to the administration of the affairs of the &ederation and
proposals for legislation as the President may call for; and
.c0 if the President so re!uires, to submit for the consideration of the (abinet any matter on
which a decision has been taken by the Prime $inister or a $inister but which has not
been considered by the (abinet-
legislative proposals the &ederal Dovernment intends to bring before $a"lis*e*
hoora .Parliament0-A
,2. Re%#(al #" i%peach%en #) P"e!iden- ./0 'otwithstanding anything
contained in the (onstitution, the President may, in accordance with the provisions
of this Article, be removed from office on the ground of physical or mental
incapacity or impeached on a charge of violating the (onstitution or gross
misconduct-
.20 'ot less than one*half of the total membership of either House may
give to the peaker of the 'ational Assembly or, as the case may be, the
(hairman written notice of its intention to move a resolution for the removal of, or,
as the case may be, to impeach, the President; and such notice shall set out the
particulars of his incapacity or of the charge against him-
.70 #f a notice under clause .20 is received by the (hairman, he shall
transmit it forthwith to the peaker-
.>0 3he peaker shall, within three days of the receipt of a notice under
clause .20 or clause .70, cause a copy of the notice to be transmitted to the
President-
.?0 3he peaker shall summon the two Houses to meet in a "oint sitting
not earlier than seven days and not later than fourteen days after the receipt of the
notice by him-
.B0 3he "oint sitting may investigate or cause to be investigated the ground
or the charge upon which the notice is founded-
.E0 3he President shall have the right to appear and be represented
during the investigation, if any, and before the "oint sitting-
.F0 #f, after consideration of the result of the investigation, if any, a
resolution is passed at the "oint sitting by the votes of not less than two*thirds of
the total membership of $a"lis*e*hoora .Parliament0 declaring that the President
is unfit to hold the office due to incapacity or is guilty of violating the (onstitution or
of gross misconduct, the President shall cease to hold office immediately on the
passing of the resolution-
,4. P"e!iden # ac #n ad(ice. ec- ./0 #n the exercise of his functions, the
President shall act
2=
@on andA in accordance with the advice of the (abinet or the
Prime $inister-
Provided that
2/
@within fifteen daysA the President may re!uire the (abinet
or, as the case may be, the Prime $inister to reconsider such advice, either
generally or otherwise, and the President shall
22
@, within ten days,A act in
accordance with the advice tendered after such reconsideration-
.20 'otwithstanding anything contained in clause ./0, the President shall
act in his discretion in respect of any matter in respect of which he is empowered
by the (onstitution to do so and the validity of anything done by the President in
his discretion shall not be called in !uestion on any ground whatsoever-
.>0 3he !uestion whether any, and if so what, advice was tendered to
the President by the (abinet, the Prime $inister, a $inister or $inister of tate
shall not be in!uired into in, or by, any court, tribunal or other authority-
27
@.?0 Where the President dissolves the 'ational Assembly,
notwithstanding anything contained in clause ./0, he shall,*
20
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
21
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
22
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
23
3he following words substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
:.?0 Where the President dissolves the 'ational Assembly, he shall, in his discretion4
.a0 appoint a date, not later than @ninetyA days from the date of the dissolution, for the holding
of a general election to the Assembly; and
.b0 appoint a care*taker (abinet-;
.a0 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
.b0 appoint a care*taker (abinet-A
2>
@.B0- #f at any time the Prime $inister considers it necessary to hold a
referendum on any matter of national importance, he may refer the matter to
a "oint sitting of the $a"lis*e*hoora .Parliament0 and if it is approved in a "oint
sitting, the Prime $inister may cause such matter to be referred to a
referendum in the form of a !uestion that is capable of being answered by
either :Jes; or :'o;-A
.E0 An act of $a"lis*e*hoora .Parliament0 may lay down the procedure
for the holding of a referendum and the compiling and consolidation of the result of
a referendum-A
,5. Chai"%an #" Spea<e" # ac a!. #" pe")#"% )unci#n! #). P"e!iden-./0
#f the office of President becomes vacant by reason of death, resignation or
removal of the President, the (hairman or, if he is unable to perform the functions
of the office of President, the peaker of the 'ational Assembly shall act as
President until a President is elected in accordance with clause .70 of Article >/-
.20 When the President, by reason of absence from Pakistan or any
other cause, is unable to perform his functions, the (hairman or, if he too is absent
or unable to perform the functions of the office of President, the peaker of the
'ational Assembly shall perform the functions of President until the President
returns to Pakistan or, as the case may be, resumes his functions-
Chape" $.9 The Ma'li!9e9Sh##"a =Pa"lia%en>
C#%p#!ii#n. 3u"ai#n and Meein&! #) Ma'li!9e9Sh##"a =Pa"lia%en>
/6. Ma'li!9e9Sh##"a =Pa"lia%en>- 3here shall be a $a"lis*e*hoora
.Parliament0 of Pakistan consisting of the President and two Houses to be known
respectively as the 'ational Assembly and the enate-
24
3he following clause .B0 of Article >F was substituted by the (onstitution .<ighteenth Amendment0 Act /=
of 2=/=-
:.B0 #f, at any time, the President, in his discretion, or on the advice of the Prime $inister, considers that
it is desirable that any matter of national importance should be referred to a referendum, the President may
cause the matter to be referred to a referendum in the form of a !uestion that is capable of being answered
either by CJesC or C'oC-
2?
@/1- Nai#nal A!!e%bl0- ./0 3here shall be three hundred and forty*two
seats for members in the 'ational Assembly, including seats reserved for
women and non*$uslims-
.20 A person shall be entitled to vote if*
.a0 he is a citi)en of Pakistan;
.b0 he is not less than eighteen years of age;
.c0 his name appears on the electoral roll; and
.d0 he is not declared by a competent court to be of unsound mind-
25
3he following Article 'o-?/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
/1. Nai#nal A!!e%bl0
@./03here shall be three hundred and forty*two seats of the members in the 'ational Assembly, including
seats reserved for women and non*$uslims-./A03he seats in the 'ational Assembly referred to in clause
./0, except as provided in clause .2A0, are allocated to each Province, the &ederally Administered 3ribal
Areas and the &ederal (apital as under*
:ene"al
J#%en
T#al
5alochistan
/>
7
/E
'W&P
7?
F
>7
3he Pun"ab
/>F
7?
/F7
ind
B/
/>
E?
&A3A
/2
*
/2
&ederal (apital
2
*
2
3otal
2E2
B=
772
A
.20 A person shall be entitled to vote if4
.a0 he is a citi)en of Pakistan;
.70 3he seats in the 'ational Assembly referred to in clause ./0,
except as provided in clause .>0, shall be allocated to each Province, the
&ederally Administered 3ribal Areas and the &ederal (apital as under4K
:ene"al Sea! J#%en T#al
5alochistan /> 7 /E
6hyber Pakhtunkhwa 7? F >7
Pun"ab />F 7? /F7
indh B/ /> E?
&ederally Administered 3ribal
Areas
/2 * /2
&ederal (apital 2 * 2
T#al $2$ 16 **$
.>0 #n addition to the number of seats referred to in clause .70, there
shall be, in the 'ational Assembly, ten seats reserved for non*$uslims-
.?0 3he seats in the 'ational Assembly shall be allocated to each
Province, the &ederally Administered 3ribal Areas and the &ederal (apital on
the basis of population in accordance with the last preceding census officially
published-
.B0 &or the purpose of election to the 'ational Assembly,*
.a0 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;
.b0 each Province shall be a single constituency for all seats
reserved for women which are allocated to the respective
Provinces under clause .70;
.b0 he is not less than

@eighteenA years of age;
.c0 his name appears on the electoral roll; and
.d0 he is not declared by a competent court to be of unsound mind-
@.2A0 #n addition to the number of seats referred to in clause ./A0, there shall be, in the 'ational
Assembly, ten seats reserved for non*$uslims-A
.70 3he seats in the 'ational Assembly shall be allocated to each Province, the &ederally
Administered 3ribal Areas and the &ederal (apital on the basis of population in accordance with the last
preceding census officially published-
@.>0 &or the purpose of election to the 'ational Assembly,*
.a0 the constituencies for the general seats shall be single member territorial constituencies
and the members to fill such seats shall be elected by direct and free vote in accordance
with law;
.b0 each Province shall be a single constituency for all;
.c0 the constituency for all seats reserved for non*$uslims shall be the whole country;
.d0 members to the seats reserved for women which are allocated to a Province under clause
./A0 shall be elected in accordance with law through proportional representation system of
political partiesL lists of candidates on the basis of total number of general seats secured by
each political party from the Province concerned in the 'ational Assembly4
@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 "oin such political party within three days of the publication in the official Da)ette of the
names of the returned candidates-A
.e0 members to the seats reserved for non*$uslims shall be elected in accordance with law
through proportional representation system of political parties lists of candidates on the
basis of total number of general seats won by each political party in the 'ational Assembly4
@Provided that for the purpose of this sub*clause the total number of general seats won by
a political party shall include the independent returned candidate or candidates who may
duly "oin such political party within three days of the publication in the official Da)ette of the
names of the returned candidates-A
.c0 the constituency for all seats reserved for non*$uslims shall be
the whole country;
.d0 members to the seats reserved for women which are allocated to
a Province under clause .70 shall be elected in accordance with
law through proportional representation system of political
partiesM lists of candidates on the basis of total number of general
seats secured by each political party from the Province
concerned in the 'ational Assembly4
Provided that for the purpose of this paragraph the total number
of general seats won by a political party shall include the
independent returned candidate or candidates who may duly "oin
such political party within three days of the publication in the
official Da)ette of the names of the returned candidates; and
.e0 members to the seats reserved for non*$uslims shall be elected
in accordance with law through proportional representation
system of political partiesM lists of candidates on the basis of total
number of general seats won by each political party in the
'ational Assembly4
Provided that for the purpose of this paragraph the total number
of general seats won by a political party shall include the
independent returned candidate or candidates who may duly "oin
such political party within three days of the publication in the
official Da)ette of the names of the returned candidates-A
/$. 3u"ai#n #) Nai#nal A!!e%bl0- 3he 'ational Assembly shall, unless
sooner dissolved, continue for a term of five years from the day of its first meeting
and shall stand dissolved at the expiration of its term-
/*. Spea<e" and 3epu0 Spea<e" #) Nai#nal A!!e%bl0-./0 After a general
election, the 'ational Assembly shall, at its first meeting and to the exclusion of
any other business, elect from amongst its members a peaker and a ,eputy
peaker and, so often as the office of peaker or ,eputy peaker becomes
vacant, the Assembly shall elect another member as peaker or, as the case may
be, ,eputy peaker-
.20 5efore entering upon office, a member elected as peaker or ,eputy
peaker shall make before the 'ational Assembly oath in the form set out in the
3hird chedule-
.70 When the office of peaker is vacant, or the peaker is absent or is
unable to perform his functions due to any cause, the ,eputy peaker shall act as
peaker, and if, at that time, the ,eputy peaker is also absent or is unable to act
as peaker due to any cause, such member as may be determined by the rules of
procedure of the Assembly shall preside at the meeting of the Assembly-
.>0 3he peaker or the ,eputy peaker shall not preside at a meeting of
the Assembly when a resolution for his removal from office is being considered-
.?0 3he peaker may, by writing under his hand addressed to the
President, resign his office-
.B0 3he ,eputy peaker may, by writing under his hand addressed to
the peaker, resign his office-
.E0 3he office of peaker or ,eputy peaker shall become vacant if*
.a0 he resigns his office;
.b0 he ceases to be a member of the Assembly; or
.c0 he is removed from office by a resolution of the Assembly, of which
not less than seven daysM notice has been given and which is passed
by the votes of the ma"ority of the total membership of the Assembly-
.F0 When the 'ational Assembly is dissolved the peaker shall continue
in his office till the person elected to fill the office by the next Assembly enters
upon his office-
/,. Su%%#nin& and p"#"#&ai#n #) Ma'li!9e9Sh##"a =Pa"lia%en>- ./0 3he
President may, from time to time, summon either House or both Houses or $a"lis*
e*hoora .Parliament0 in "oint sitting to meet at such time and place as he thinks fit
and may also prorogue the same-
.20 3here shall be at least three sessions of the 'ational Assembly
every year, and not more than one hundred and twenty days shall intervene
between the last sitting of the Assembly in one session and the date appointed for
its first sitting in the next session4
Provided that the 'ational Assembly shall meet for not less than one
hundred and thirty working days in each year-
E+planai#n.9 #n this clause, Cworking daysC includes any day on which
there is a "oint sitting and any period, not exceeding two days, for which the
'ational Assembly is ad"ourned-
.70 9n a re!uisition signed by not less than one*fourth of the total
membership of the 'ational Assembly, the peaker shall summon the 'ational
Assembly to meet, at such time and place as he thinks fit, within fourteen days of
the receipt of the re!uisition; and when the peaker has summoned the Assembly
only he may prorogue it-
//. ?#in& in A!!e%bl0 and 7u#"u%- ./0 ub"ect to the (onstitution, all
decisions of the 'ational Assembly shall be taken by ma"ority of the members
present and voting, but the person presiding shall not vote except in the case of
e!uality of votes-
.20 #f at any time during a sitting of the 'ational Assembly the attention
of the person presiding is drawn to the fact that less than one*fourth of the total
membership of the Assembly is present, he shall either ad"ourn the Assembly or
suspend the meeting until at least one*fourth of such membership is present-
/1. Add"e!! b0 P"e!iden- ./0 3he President may address either House or
both Houses assembled together and may for that purpose re!uire the attendance
of the members-
.20 3he President may send messages to either House, whether with
respect to a 5ill then pending in the $a"lis*e*hoora .Parliament0 or otherwise, and
a House to which any message is so sent shall with all convenient dispatch
consider any matter re!uired by the message to be taken into consideration-
.70 At the commencement of the first session after each general election
to the 'ational Assembly and at the commencement of the first session of each
year the President shall address both Houses assembled together and inform the
$a"lis*e*hoora .Parliament0 of the causes of its summons-
.>0 Provision shall be made in the rules for regulating the procedure of a
House and the conduct of its business for the allotment of time for discussion of
the matters referred to in the address of the President-
/2. Ri&h # !pea< in Ma'li!9e9Sh##"a =Pa"lia%en>- 3he Prime $inister, a
&ederal $inister, a $inister of tate and the Attorney Deneral shall have the right
to speak and otherwise take part in the proceedings of either House, or a "oint
sitting or any committee thereof, of which he may be named a member, but shall
not by virtue of this Article be entitled to vote-
2B
@/4- 3i!!#lui#n #) he Nai#nal A!!e%bl0- ./0 3he President shall
dissolve the 'ational Assembly if so advised by the Prime $inister; and the
'ational Assembly shall, unless sooner dissolved, stand dissolved at the
expiration of forty*eight hours after the Prime $inister has so advised-
E+planai#n.9 1eference in this Article to :Prime $inister; shall not be
construed to include reference to a Prime $inister against whom a notice of a
resolution for a vote of no*confidence has been given in the 'ational
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 'ational Assembly-
.20 'otwithstanding anything contained in clause .20 of Article >F,
the President may also dissolve the 'ational Assembly in his discretion
where, a vote of no*confidence having been passed against the Prime
$inister, no other member of the 'ational Assembly commands the
confidence of the ma"ority of the members of the 'ational Assembly in
accordance with the provisions of the (onstitution, as ascertained in a
session of the 'ational Assembly summoned for the purpose-A
26
3he following Article 'o-?F substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
/4. 3i!!#lui#n #) he Nai#nal A!!e%bl0.
@./0A 3he President shall dissolve the 'ational Assembly if so advised by the Prime $inister;
and the 'ational Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty*eight
hours after the Prime $inister has so advised-
E+planai#n4* 1eference in this Article to CPrime $inisterC shall not be construed to include
reference to a Prime $inister against whom a @notice of a resolution for a vote of no*confidence has been
givenA in the 'ational 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 'ational Assembly-
.20 'otwithstanding anything contained in clause .20 of Article >F, the President may also dissolve the
'ational Assembly in his discretion where, in his opinion4
.a0 a vote of no*confidence having been passed against the Prime $inister, no other member
of the 'ational Assembly is likely to command the confidence of the ma"ority of the
members of the 'ational Assembly in accordance with the provisions of the (onstitution as
ascertained in a session of the 'ational Assembly summoned for the purpose; or
.b0 a situation has arisen in which the Dovernment of the &ederation cannot be carried on in
accordance with the provisions of the (onstitution and an appeal to the electorate is
necessary-
@.70 3he President in case of dissolution of the 'ational Assembly under paragraph .b0 of clause .20
shall, within fifteen days of the dissolution, refer the matter to the upreme (ourt and the upreme (ourt
shall decide the reference within thirty days whose decision shall be final-A
$2
A/5. The Senae- ./0 3he enate shall consist of one hundred and four
members, of whom,*
.a0 fourteen shall be elected by the members of each Provincial
Assembly;
.b0 eight shall be elected from the &ederally Administered 3ribal
Areas, in such manner as the President may, by 9rder,
prescribe;
.c0 two on general seats, and one woman and one technocrat
including aalim shall be elected from the &ederal (apital in such
manner as the President may, by 9rder, prescribe;
.d0 four women shall be elected by the members of each Provincial
Assembly;
.e0 four technocrats including ulema shall be elected by the
members of each Provincial Assembly; and
.f0 four non*$uslims, one from each Province, shall be elected by
the members of each Provincial Assembly4
Provided that paragraph .f0 shall be effective from the next
enate election after the commencement of the (onstitution
.<ighteenth Amendment0 Act, 2=/=-
.20 <lection to fill seats in the enate allocated to each Province
shall be held in accordance with the system of proportional representation by
means of the single transferable vote-
27
3he following Article 'o-?G substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
/5. The Senae-*./0 3he enate shall consist of one*hundred members, of whom,*
.a0 fourteen shall be elected by the members of each Provincial Assembly;
.b0 eight shall be elected from the &ederally Administered 3ribal Areas, in such
manner as the President may, by 9rder, prescribe;
.c0 two on general seats, and one woman and one technocrat including aalim shall be
elected from the &ederal (apital in such manner as the President may, by 9rder,
prescribe;
.d0 four women shall be elected by the members of each Provincial Assembly;
.e0 four technocrats including ulema shall be elected by the members of each
Provincial Assembly-A
.20 <lection to fill seats in the enate allocated to each Province shall be held in accordance
with the system of proportional representation by means of the single transferable vote-
.70 3he enate shall not be sub"ect to dissolution but the term of its members, who shall retire
as follows, shall be six years4*
.a0 of the members referred to in paragraph .a0 of clause ./0, seven shall retire after the
expiration of the first three years and seven shall retire after the expiration of the next three
years-
.b0 of the members referred to in paragraph .b0 of the aforesaid clause, four shall retire after
the expiration of the first three years and four shall retire after the expiration of the next
three years;
.c0 of the members referred to in paragraph .c0 of the aforesaid clause,*
.i0 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
.ii0 one elected on the seat reserved for technocrat shall retire after first three
years and the one elected on the seat reserved for woman shall retire after the
expiration of the next three years;
.d0 of the members referred to in paragraph .d0 of the aforesaid clause, two shall retire after
the expiration of the three years and two shall retire after the expiration of the next three
years; and
.e0 of the members referred to in paragraph .e0 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 years4
Provided that 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-
.70 3he enate shall not be sub"ect to dissolution but the term of its
members, who shall retire as follows, shall be six years4
.a0 of the members referred to in paragraph .a0 of clause ./0, seven
shall retire after the expiration of the first three years and seven
shall retire after the expiration of the next three years;
.b0 of the members referred to in paragraph .b0 of the aforesaid
clause, four shall retire after the expiration of the first three years
and four shall retire after the expiration of the next three years;
.c0 of the members referred to in paragraph .c0 of the aforesaid
clause,*
.i0 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
.ii0 one elected on the seat reserved for technocrat shall retire
after first three years and the one elected on the seat
reserved for women shall retire after the expiration of the
next three years;
.d0 of the members referred to in paragraph .d0 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;
.e0 of the members referred to in paragraph .e0 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
.f0 of the members referred to in paragraph .f0 of the aforesaid
clause, two shall retire after the expiration of first three years and
two shall retire after the expiration of next three years4
Provided that the <lection (ommission for the first term of seats
for non*$uslims shall draw a lot as to which two members shall
retire after the first three years-
.>0 3he term of office of a person elected to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled-A
16. Chai"%an and 3epu0 Chai"%an- ./0 After the enate has been duly
constituted, it shall, at its first meeting and to the exclusion of any other business,
elect from amongst its members a (hairman and a ,eputy (hairman and, so often
as the office of (hairman or ,eputy (hairman becomes vacant, the enate shall
elect another member as (hairman or, as the case may be, ,eputy (hairman-
.20 3he term of office of the (hairman or ,eputy (hairman shall be
three years from the day on which he enters upon his office-
11. Ohe" p"#(i!i#n! "elain& # Senae-3he provisions of clauses .20 to .E0
of Article ?7, clauses .20 and .70 of Article ?> and Article ?? shall apply to the
enate as they apply to the 'ational Assembly and, in their application to the
enate, shall have effect as if references therein to the 'ational Assembly,
peaker and ,eputy peaker were references, respectively, to the enate,
(hairman and ,eputy (hairman and as if, in the proviso to the said clause .20 of
Article ?>, for the words one hundred and thirty the word
2F
@one hundred and tenA
were substituted-
28
Words :ninety; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
2G
@1$. @uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0
A person shall not be !ualified to be elected or chosen as a member of $a"lis*
e*hoora .Parliament0 unlessN
.a0 he is a citi)en of Pakistan;
.b0 he is, in the case of the 'ational Assembly, not less than twenty*
five years of age and is enrolled as a voter in any electoral roll in*
.i0 any part of Pakistan, for election to a general seat or a
seat reserved for non*$uslims; and
.ii0 any area in a Province from which she seeks membership
for election to a seat reserved for women-
.c0 he is, in the case of the enate, 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 &ederal (apital or the &ederally Administered
3ribal Areas, from where he seeks membership;
.d0 he is of good character and is not commonly known as one who
violates #slamic #n"unctions;
.e0 he has ade!uate knowledge of #slamic teachings and practices
obligatory duties prescribed by #slam as well as abstains from
ma"or sins;
.f0 he is sagacious, righteous, non*profligate, honest and ameen,
there being no declaration to the contrary by a court of law; and
.g0 he has not, after the establishment of Pakistan, worked against
the integrity of the country or opposed the ideology of Pakistan4
.20 3he dis!ualifications specified in paragraphs .d0 and .e0 shall not
apply to a person who is a non*$uslim, but such a person shall have good
moral reputation;A
29
3he following Article 'o-B2 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1$. @uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>H A person shall not be !ualified
to be elected or chosen as a member of $a"lis*e*hoora .Parliament0 unless 4*
.a0 he is a citi)en of Pakistan;
@.b0 he is, in the case of the 'ational Assembly, not less than twenty *five years of age and is
enrolled as a voter in any electoral roll in*
.i0 any part of Pakistan, for election to a general seat or a seat reserved for non*$uslims; and
.ii0 any area in a Province from which he seeks membership for election to a seat reserved for
women-A
.c0 he is, in the case of enate, 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 &ederal (apital or the &ederally
Administered 3ribal Areas, from where he seeks membership;
.d0 he is of good character and is not commonly known as one who violates #slamic
#n"unctions;
.e0 he has ade!uate knowledge of #slamic teachings and practises obligatory duties prescribed
by #slam as well as abstains from ma"or sins ;
.f0 he is sagacious, righteous and non*profligate and honest and ameen;
.g0 he has not been convicted for a crime involving moral turpitude or for giving false evidence;
.h0 he has not, after the establishment of Pakistan, worked against the integrity of the country
or opposed the #deology of Pakistan;
Provided that the dis!ualifications specified in paragraphs .d0 and .e0 shall not apply to a
person who is a non*$uslim, but such a person shall have good moral reputation; and
.i0 he possesses such other !ualifications as may be prescribed by Act of $a"lis*e*hoora
.Parliament0-A
7=
@1*. 3i!7uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>-
./0 A person shall be dis!ualified from being elected or chosen as, and from
being, a member of the $a"lis*e*hoora .Parliament0, ifN
.a0 he is of unsound mind and has been so declared by a competent
court; or
.b0 he is an undischarged insolvent; or
.c0 he ceases to be a citi)en of Pakistan, or ac!uires the citi)enship
of a foreign tate; or
30
3he following Article 'o-B7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1*. 3i!7uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>.9./0 A person shall
be dis!ualified from being elected or chosen as, and from being, a member of the $a"lis*e*hoora
.Parliament0, if4*
.a0 he is of unsound mind and has been so declared by a competent court; or
.b0 he is an undischarged insolvent; or
.c0 he ceases to be a citi)en of Pakistan, or ac!uires the citi)enship of a foreign tate; or
.d0 he holds an office of profit in the service of Pakistan other than an office declared by law
not to dis!ualify its holder; or
.e0 he is in the service of any statutory body of any body which is owned or controlled by the
Dovernment or in which the Dovernment has a controlling share or interest; or
.f0 being a citi)en of Pakistan by virtue of section />5 of the Pakistan (iti)enship Act, /G?/ .##
of /G?/0, he is for the time being dis!ualified under any law in force in A)ad +ammu and
6ashmir from being elected as a member of the 8egislative Assembly of A)ad +ammu and
6ashmir; or
.g0 he is propagating any opinion, or acting in any manner, pre"udicial to the #deology 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 "udiciary of Pakistan, or
which defames or brings into ridicule the "udiciary or the Armed &orces of Pakistan; or
@.h0 he has been convicted by a court of competent "urisdiction on a charge of corrupt practice,
moral turpitude or misuse of power or authority under any law for the time being in force; or
.i0 he has been dismissed from the service of Pakistan or service of a corporation or office set
up or controlled by the &ederal Dovernment, Provincial Dovernment or a 8ocal
Dovernment on the grounds of misconduct or moral turpitude; or
."0 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 &ederal Dovernment, Provincial
Dovernment or a 8ocal Dovernment on the grounds of misconduct or moral turpitude; orA
.k0 he has been in the service of Pakistan or of any statutory body or any body which is owned
or controlled by the Dovernment or in which the Dovernment has a controlling share or
interest, unless a period of two years has elapsed since he ceased to be in such service; or
.l0 he is found guilty of a corrupt or illegal practice under any law for the time being in force,
unless a period of five years has elapsed from the date on which that order takes effect; or
.m0 he has been convicted under section E of the Political Parties Act, /GB2 .### of /GB20, unless
a period of five years has elapsed from the date of such conviction; or
.n0 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 Dovernment, for the
supply of goods to, or for the execution of any contract or for the performance of any
service undertaken by, Dovernment4
Provided that the dis!ualification under this paragraph shall not apply to a person*
.i0 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;
.ii0 where the contract has been entered into by or on behalf of a public company as
defined in the (ompanies 9rdinance, /GF> .O8P## of /GF>0, of which he is a share*
holder but is not a director holding an office of profit under the company; or
.iii0 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
E+planai#n-* #n this Article CgoodsC does not include agricultural produce or
commodity grown or produced by him or such goods as he is, under any directive
of Dovernment or any law for the time being in force, under a duty or obligation to
supply-
.o0 he holds any office of profit in the service of Pakistan other than the following offices,
namely 4*
.i0 an office which is not whole time office remunerated either by salary or by fee;
.d0 he holds an office of profit in the service of Pakistan other than
an office declared by law not to dis!ualify its holder; or
.e0 he is in the service of any statutory body or any body which is
owned or controlled by the Dovernment or in which the
Dovernment has a controlling share or interest; or
.f0 being a citi)en of Pakistan by virtue of section />5 of the
Pakistan (iti)enship Act, /G?/ .## of /G?/0, he is for the time
being dis!ualified under any law in force in A)ad +ammu and
6ashmir from being elected as a member of the 8egislative
Assembly of A)ad +ammu and 6ashmir; or
.g0 he has been convicted by a court of competent "urisdiction for
propagating any opinion, or acting in any manner, pre"udicial to
the ideology of Pakistan, or the sovereignty, integrity or security
of Pakistan, or the integrity or independence of the "udiciary of
Pakistan, or which defames or brings into ridicule the "udiciary or
the Armed &orces of Pakistan, unless a period of five years has
elapsed since his release; or
.h0 he has been, on conviction for any offence involving moral
turpitude, sentenced to imprisonment for a term of not less than
two years, unless a period of five years has elapsed since his
release; or
.i0 he has been dismissed from the service of Pakistan or service of
a corporation or office set up or controlled by the &ederal
Dovernment, Provincial Dovernment or a 8ocal Dovernment on
the ground of misconduct, unless a period of five years has
elapsed since his dismissal; or
."0 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 &ederal Dovernment, Provincial Dovernment or a 8ocal
Dovernment on the ground of misconduct, unless a period of
three years has elapsed since his removal or compulsory
retirement; or
.k0 he has been in the service of Pakistan or of any statutory body or
any body which is owned or controlled by the Dovernment or in
.ii0 the office of 8umbardar, whether called by this or any other title;
.iii0 the %aumi 1a)akars;
.iv0 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 &orce; or
@.p0 he has been convicted and sentenced to imprisonment for having absconded by a
competent court under any law for the time being in force; or
.!0 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
.r0 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 @; orA
@.s0 he is for the time being dis!ualified from being elected or chosen as a member of the
$a"lis*e*hoora .Parliament0or of a Provincial Assembly under any law for the time being in
force-A
@.20 #f any !uestion arises whether a member of $a"lis*e*hoora .Parliament0 has become
dis!ualified from being a member, the peaker or, as the case may be, the (hairman shall, within thirty
days from raising of such !uestion refer the !uestion to the (hief <lection (ommissioner-A
@.70 Where a !uestion is referred to the (hief <lection (ommissioner under clause .20, he shall
lay such !uestion before the <lection (ommission which shall give its decision thereon not later than three
months from its receipt by he (hief <lection (ommissioner-A
which the Dovernment has a controlling share or interest, unless
a period of two years has elapsed since he ceased to be in such
service; or
.l0 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
Dovernment, for the supply of goods to, or for the execution of
any contract or for the performance of any service undertaken
by, Dovernment4
Provided that the dis!ualification under this paragraph shall not
apply to a personN
.i0 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;
.ii0 where the contract has been entered into by or on
behalf of a public company as defined in the (ompanies
9rdinance, /GF> .O8P## of /GF>0, of which he is a
shareholder but is not a director holding an office of profit
under the company; or
.iii0 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;
E+planai#n.K #n 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 Dovernment or any law for the
time being in force, under a duty or obligation to supply; or
.m0 he holds any office of profit in the service of Pakistan other than
the following offices, namely4*
.i0 an office which is not whole time office remunerated either
by salary or by fee;
.ii0 the office of 8umbardar, whether called by this or any
other title;
.iii0 the %aumi 1a)akars;
.iv0 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
&orce; or
.n0 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
.o0 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
.p0 he is for the time being dis!ualified from being elected or chosen
as a member of the $a"lis*e*hoora .Parliament0 or of a
Provincial Assembly under any law for the time being inforce-
Explanation.9 &or the purposes of this paragraph :law; shall not
include an 9rdinance promulgated under Article FG or Article
/2F-
.20 #f any !uestion arises whether a member of the $a"lis*e*hoora
.Parliament0 has become dis!ualified from being a member, the peaker or,
as the case may be, the (hairman shall, unless he decides that no such
!uestion has arisen, refer the !uestion to the <lection (ommission within
thirty days and if he fails to do so within the aforesaid period it shall be
deemed to have been referred to the <lection (ommission-
.70 3he <lection (ommission shall decide the !uestion within ninety
days from its receipt or deemed to have been received and if it is of the
opinion that the member has become dis!ualified, he shall cease to be a
member and his seat shall become vacant-A
*1
A1*A. 3i!7uali)icai#n #n &"#und! #) de)eci#n. ec-./0 #f a member of a
Parliamentary Party composed of a single political party in a House*
.a0 resigns from membership of his political party or "oins another
Parliamentary Party; or
.b0 votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he belongs,
in relation to*
.i0 election of the Prime $inister or the (hief $inister; or
.ii0 a vote of confidence or a vote of no*confidence; or
31
3he following Article 'o-B7A substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1*A 3i!7uali)icai#n #n &"#und! #) de)eci#n. ec.9 ./0 #f a member of a Parliamentary Party
composed of a single political party in a House*
.a0 resigns from membership of his political party or "oins another Parliamentary Party; or
.b0 votes or abstains from voting in the House contrary to any direction issued by the
Parliamentary Party to which he belongs, in relations to*
.i0 election of the Prime $inister or the (hief $inister; or
.ii0 a vote of confidence or a vote of no*confidence; or
.iii0 a $oney 5ill;
he may be declared in writing by the Head of the Parliamentary Party to have defected
from the political party, and the Head of the Parliamentary Party may forward a copy of the
declaration to the Presiding 9fficer, and shall similarly forward a copy thereof to the
member concerned4
P"#(ided that before making the declaration, the Head of the Parliamentary Party shall
provide such member with an opportunity to show cause as to why such declaration may
not be made against him-
.20 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-
.70 Upon receipt of the declaration under clause ./0, the Presiding 9fficer of the House shall
within two days refer the declaration to the (hief <lection (ommissioner who shall lay the declaration
before the <lection (ommission for its decision thereon confirming the declaration or otherwise within thirty
days of its receipt by the (hief <lection (ommissioner-
.>0 Where the <lection (ommission confirms the declaration, the member referred to in clause
./0 shall cease to be a member of the House and his seat shall become vacant-
.?0 Any party aggrieved by the decision of the <lection (ommission may within thirty days,
prefer an appeal to the upreme (ourt which shall decide the matter within three months from the date of
the filing of the appeal-
.B0 'othing contained in this Article shall apply to the (hairman or peaker of a House
.E0 &or the purpose of this Article*
.a0 CHouseC means the 'ational Assembly or the enate in relation to the &ederation and a
Provincial Assembly in relation to the Province, as the case may be-
.b0 CPresiding 9fficerC means the peaker of the 'ational Assembly, the (hairman of the
enate or the peaker of the Provincial Assembly, as the case may be-
.iii0 a $oney 5ill or a (onstitution .Amendment0 5ill;
he may be declared in writing by the Party Head to have
defected from the political party, and the Party Head may
forward a copy of the declaration to the Presiding 9fficer and the
(hief <lection (ommissioner and shall similarly forward a copy
thereof to the member concerned4
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-
.20 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-
.70 Upon receipt of the declaration under clause ./0, the Presiding
9fficer of the House shall within two days refer, and in case he fails to do so it
shall be deemed that he has referred, the declaration to the (hief <lection
(ommissioner who shall lay the declaration before the <lection (ommission
for its decision thereon confirming the declaration or otherwise within thirty
days of its receipt by the (hief <lection (ommissioner-
.>0 Where the <lection (ommission confirms the declaration, the
member referred to in clause ./0 shall cease to be a member of the House
and his seat shall become vacant-
.?0 Any party aggrieved by the decision of the <lection (ommission
may, within thirty days, prefer an appeal to the upreme (ourt which shall
decide the matter within ninety days from the date of the filing of the appeal-
.B0 'othing contained in this Article shall apply to the (hairman or
peaker of a House-
.E0 &or the purpose of this Article,*
.a0 CHouseC means the 'ational Assembly or the enate, in relation
to the &ederation; and a Provincial Assembly in relation to the
Province, as the case may be;
.b0 CPresiding 9fficerC means the peaker of the 'ational Assembly,
the (hairman of the enate or the peaker of the Provincial
Assembly, as the case may be-
.F0 Article B7A substituted as aforesaid shall come into effect from
the next general elections to be held after the commencement of the
(onstitution .<ighteenth Amendment0 Act, 2=/=4
Provided that till Article B7A substituted as aforesaid comes into effect
the provisions of existing Article B7A shall remain operative-;A
1,. ?acai#n #) !ea!-./0 A $ember of $a"lis*e*hoora .Parliament0 may, by
writing under his hand addressed to the peaker or, as the case may be, the
(hairman resign his seat, and thereupon his seat shall become vacant-
.20 A House may declare the seat of a member vacant if, without leave
of the House, he remains absent for forty consecutive days of its sittings-
1/. Oah #) %e%be"!-A person elected to a House shall not sit or vote until
he has made before the House oath in the form set out in the 3hird chedule-
11. P"i(ile&e! #) %e%be"!. ec- ./0 ub"ect to the (onstitution and to the
rules of procedure of $a"lis*e*hoora .Parliament0, there shall be freedom of
speech in $a"lis*e*hoora .Parliament0 and no member shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in
$a"lis*e*hoora .Parliament0, and no person shall be so liable in respect of the
publication by or under the authority of $a"lis*e*hoora .Parliament0 of any report,
paper, votes or proceedings-
.20 #n other respects, the powers, immunities and privileges of $a"lis*e*
hoora, .Parliament0, and the immunities and privileges of the members of $a"lis*
e*hoora .Parliament0, shall be such as may from time to time be defined by law
and, until so defined, shall be such as were, immediately before the commencing
day, en"oyed by the 'ational Assembly of Pakistan and the committees thereof
and its members-
.70 Provision may be made by law for the punishment, by a House, of
persons who refuse to give evidence or produce documents before a committee of
the House when duly re!uired by the chairman of the committee so to do4
Provided that any such law*
.a0 may empower a court to punish a person who refuses to give
evidence or produce documents; and
.b0 shall have effect sub"ect to such 9rder for safeguarding confidential
matters from disclosure as may be made by the President-
.>0 3he provisions of this Article shall apply to persons who have the
right to speak in, and otherwise to take part in the proceedings of, $a"lis*e*hoora
.Parliament0 as they apply to members-
.?0 #n this Article, $a"lis*e*hoora .Parliament0 means either House or a
"oint sitting, or a committee thereof-
roce!ure "enerall#
12. Rule! #) P"#cedu"e. ec- ./0 ub"ect to the (onstitution, a House may
make rules for regulating its procedure and the conduct of its business, and shall
have power to act notwithstanding any vacancy in the membership thereof, and
any proceedings in the House shall not be invalid on the ground that some
persons who were not entitled to do so sat, voted or otherwise took part in the
proceedings-
.20 Until rules are made under clause ./0, the procedure and conduct of
business in a House shall be regulated by the rules of procedure made by the
President-
14. Re!"ici#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en>- 'o
discussion shall take place in $a"lis*e*hoora .Parliament0 with respect to the
conduct of any +udge of the upreme (ourt or of a High (ourt in the discharge of
his duties-
15. C#u"! n# # in7ui"e in# p"#ceedin&! #) Ma'li!9e9Sh##"a
=Pa"lia%en>-./0 3he validity of any proceedings in $a"lis*e*hoora .Parliament0
shall not be called in !uestion on the ground of any irregularity of procedure-
.20 'o officer or member of $a"lis*e*hoora .Parliament0 in whom
powers are vested by or under the (onstitution for regulating procedure or the
conduct of business, or for maintaining order in $a"lis*e*hoora .Parliament0, shall
be sub"ect to the "urisdiction of any court in respect of the exercise by him of those
powers-
.70 #n this Article, $a"lis*e*hoora .Parliament0 has the same meaning
as in Article BB-
$e%islati&e roce!ure
*$
A26. In"#duci#n and pa!!in& #) Bill!- ./0 A 5ill with respect to any
matter in the &ederal 8egislative 8ist 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 5ill is passed without amendment by the other House also,
it shall be presented to the President for assent-
.20 #f a 5ill transmitted to a House under clause ./0 is passed with
amendments it shall be sent back to the House in which it originated and if
that House passes the 5ill with those amendments it shall be presented to the
President for assent-
.70 #f a 5ill transmitted to a House under clause ./0 is re"ected or is
not passed within ninety days of its laying in the House or a 5ill sent to a
House under clause .20 with amendments is not passed by that House with
such amendments, the 5ill, at the re!uest of the House in which it originated,
shall be considered in a "oint sitting and if passed by the votes of the ma"ority
of the members present and voting in the "oint sitting it shall be presented to
the President for assent-
.>0 #n this Article and the succeeding provisions of the (onstitution,
:&ederal 8egislative 8ist; means the &ederal 8egislative 8ist in the &ourth
chedule-A
21.
**
@HHHA
2$. P"#cedu"e a '#in !iin&!-./0 3he President, after consultation with the
peaker of the 'ational Assembly and the (hairman, may make rules as to the
procedure with respect to the "oint sittings of, and communications between, the
two Houses-
.20 At a "oint sitting, the peaker of the 'ational Assembly or, in his
absence, such person as may be determined by the rules made under clause ./0,
shall preside-
.70 3he rules made under clause ./0 shall be laid before a "oint sitting
and may be added to, varied, amended or replaced at a "oint sitting-
32
3he following Article 'o-E= substituted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
@26. In"#duci#n and pa!!in& #) Bill!H ./0 A 5ill with respect to any matter in the &ederal 8egislative 8ist
or in the (oncurrent 8egislative 8ist 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 5ill is passed without amendment, by the
other House also, it shall he presented to the President for assent-
.20 if a 5ill transmitted to a House under clause ./0 is re"ected or is not passed within ninety
days of its receipt or is passed with amendment, the 5ill, at the re!uest of the House in which it originated,
shall be @referred to a $ediation (ommittee constituted under Article E/ for consideration and resolution
thereonA-
.70 Where a 5ill is referred to the $ediation (ommittee under clause .20, the $ediation (ommittee
shall, within ninety days, formulate an agreed 5ill which is likely to be passed by both Houses of the $a"lis*
e*hoora .Parliament0 and place the agreed 5ill separately before each House and if both the Houses pass
the 5ill, it shall be presented to the President for assent- President for assent-A
.>0 #n this Article and the succeeding provisions of the (onstitution, C&ederal 8egislative 8istC
and C(oncurrent 8egislative 8istC mean respectively the &ederal 8egislative 8ist and the (oncurrent
8egislative 8ist in the &ourth chedule-
33
3he following Article E/ omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
21. Mediai#n C#%%ieeH ./0 5oth Houses of $a"lis*e*hoora .Parliament0 shall, within fifteen days from
the date of referral of the 5ill by the House in which it was originated for consideration and resolution by the
$ediation (ommittee under clause .20 of Article E= nominate eight members each as members of a
$ediation (ommittee-
.20 3he House in which the 5ill was originated shall nominate a member of the $ediation
(ommittee as (hairman of the (ommittee and the other House shall nominate a member as the Pice*
(hairman thereof-
.70 All decisions of the $ediation (ommittee shall be made by a ma"ority of the total number of
members of each House in the (ommittee-
.>0 3he President may, in consultation with the peaker of the 'ational Assembly and
(hairman of the enate, make rules for conduct of business of the $ediation (ommittee-A
.>0 ub"ect to the (onstitution, all decisions at a "oint sitting shall be
taken by the votes of the ma"ority of the members present and voting-
2*. P"#cedu"e -ih "e!pec # M#ne0 Bill-
*,
@./0 'otwithstanding anything
contained in Article E=, a $oney 5ill shall originate in the 'ational Assembly4
Provided that simultaneously when a $oney 5ill, including the &inance
5ill containing the Annual 5udget tatement, is presented in the 'ational
Assembly, a copy thereof shall be transmitted to the enate which may,
within fourteen days, make recommendations thereon to the 'ational
Assembly-; andA
7?
@./A0 3he 'ational Assembly shall consider the recommendations of
the enate and after the 5ill has been passed by the Assembly with or
without incorporating the recommendations of the enate, it shall be
presented to the President for assent-A
.20 &or the purpose of this (hapter, a 5ill or amendment shall be
deemed to be a $oney 5ill if it contains provisions dealing with all or any of the
following matters, namely4*
.a0 the imposition, abolition, remission, alteration or regulation of any
tax;
.b0 the borrowing of money, or the giving of any guarantee, by the
&ederal government, or the amendment of the law relating to the
financial obligations of that Dovernment;
.c0 the custody of the &ederal (onsolidated &und, the payment of
moneys into, or the issue of moneys from, that &und;
.d0 the imposition of a charge upon the &ederal (onsolidated &und, or
the abolition or alteration of any such charge;
.e0 the receipt of moneys on account of the Public Account of the
&ederation, the custody or issue of such moneys;
.f0 the audit of the accounts of the &ederal Dovernment or a Provincial
Dovernment; and
.g0 any matter incidental to any of the matters specified in the preceding
paragraphs-
.70 A 5ill shall not be deemed to be a $oney 5ill by reason only that it
provides*
.a0 for the imposition or alteration of any fine or other pecuniary penalty,
or for the demand or payment of a licence fee or a fee or charge for
any service rendered; or
.b0 for the imposition, abolition, remission, alteration or regulation of any
tax by any local authority or body for local purposes-
.>0 #f any !uestion arises whether a 5ill is a $oney 5ill or not, the
decision of the peaker of the 'ational Assembly thereon shall be final-
.?0 <very $oney 5ill presented to the President for assent shall bear a
certificate under the hand of the peaker of the 'ational Assembly that it is a
$oney 5ill, and such certificate shall be conclusive for all purposes and shall not
be called in !uestion-
34
3he following Article E7./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
@./0 'otwithstanding anything contained in Article E=, a $oney 5ill shall originate in the 'ational
Assembly-
P"#(ided that simultaneously when a $oney 5ill, including the &inance 5ill containing the Annual
5udget tatement, is presented in the 'ational Assembly, a copy thereof shall be transmitted to the enate
which may, within seven days, make recommendations thereon to the 'ational Assembly-
35
- Inserted by the Constitution (Eighteenth Amendment) At 10 o! 2010"
2,. Fede"al :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!- A
$oney 5ill or a 5ill or amendment which if enacted and brought into operation
would involve expenditure from the &ederal (onsolidated &und or withdrawal from
the Public Account of the &ederation or affect the coinage or currency of Pakistan
or the constitution or functions of the tate 5ank of Pakistan shall not be
introduced or moved in $a"lis*e*hoora .Parliament0 except by or with the consent
of the &ederal Dovernment-
2/. P"e!iden;! a!!en # Bill!-./0 When a 5ill is presented to the President
for assent, the President shall, within
7B
@tenA days,*
.a0 assent to the 5ill; or
.b0 in the case of a 5ill other than a $oney 5ill, return the 5ill to the
$a"lis*e*hoora .Parliament0 with a message re!uesting that the 5ill
or any specified provision thereof, be reconsidered and that any
amendment specified in the message be considered-
7E
@.20 When the President has returned a 5ill to the $a"lis*e*hoora
.Parliament0, it shall be reconsidered by the $a"lis*e*hoora .Parliament0 in
"oint sitting and, if it is again passed, with or without amendment, by the
$a"lis*e*hoora .Parliament0, by the votes of the ma"ority of the members of
both Houses present and voting, it shall be deemed for the purposes of the
(onstitution 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- ; andA
.70 When the President has assented
7F
@or is deemed to have assentedA
to a 5ill, it shall become law and be called an Act of $a"lis*e*hoora .Parliament0-
.>0 'o act of $a"lis*e*hoora .Parliament0, and no provision in any such
Act, shall be invalid by reason only that some recommendation, previous sanction
or consent re!uired by the (onstitution was not given if that Act was assented to in
accordance with the (onstitution-
21. Bill n# # lap!e #n p"#"#&ai#n. ec-./0 A 5ill pending in either House
shall not lapse by reason of the prorogation of the House-
.20 A 5ill pending in the enate which has not been passed by the
'ational Assembly shall not lapse on the dissolution of the 'ational Assembly-
.70 A 5ill pending in the 'ational Assembly, or a 5ill which having been
passed by the 'ational Assembly is pending in the enate, shall lapse on the
dissolution of the 'ational Assembly-
22. Ta+ # be le(ied b0 la- #nl0-'o tax shall be levied for the purposes of
the &ederation except by or under the authority of Act of $a"lis*e*hoora
.Parliament0-
24. Fede"al C#n!#lidaed Fund and Public Acc#un- ./0 All revenues
received by the &ederal Dovernment, all loans raised by that Dovernment and all
moneys received by it in repayment of any loan, shall form part of a consolidated
fund, to be known as the &ederal (onsolidated &und-
.20 All other moneys*
.a0 received by or on behalf of the &ederal Dovernment; or
36
Word :thirty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
37
3he following Article E?.20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.20 When the President has returned a 5ill to the $a"lis*e*hoora .Parliament0, it shall be
reconsidered by the $a"lis*e*hoora .Parliament0 and, if it is again passed, with or without amendment, by
the $a"lis*e*hoora .Parliament0, @in accordance with Article E=A it shall be deemed for the purposes of the
(onstitution to have been passed by both Houses and shall be presented to the President and the
President shall not withhold assent therefromA-
38
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.b0 received by or deposited with the upreme (ourt or any other court
established under the authority of the &ederation;
shall be credited to the Public Account of the &ederation-
25. Cu!#d0. ec.. #) Fede"al C#n!#lidaed Fund and Public Acc#un-3he
custody of the &ederal (onsolidated &und, the payment 9r moneys into that &und,
the withdrawal of moneys therefrom, the custody of other moneys received by or
on behalf of the &ederal Dovernment, their payment into, and withdrawal from, the
Public Account of the &ederation, and all matters connected with or ancillary to the
matters aforesaid shall be regulated by Act of $a"lis*e*hoora .Parliament0 or,
until provision in that behalf is so made, by rules made by the President-
46. Annual Bud&e Sae%en-./0 3he &ederal Dovernment shall, in respect
of every financial year, cause to be laid before the 'ational Assembly a statement
of the estimated receipts and expenditure of the &ederal Dovernment for that year,
in this Part referred to as the Annual 5udget tatement-
.20 3he Annual 5udget tatement shall show separately*
.a0 the sums re!uired to meet expenditure described by the (onstitution
as expenditure charged upon the &ederal (onsolidated &und; and
.b0 the sums re!uired to meet other expenditure proposed to be made
from the &ederal (onsolidated &und; and shall distinguish
expenditure on revenue account from other expenditure-
41. E+pendiu"e cha"&ed up#n Fede"al C#n!#lidaed Fund- 3he following
expenditure shall be expenditure charged upon the &ederal (onsolidated &und4*
.a0 the remuneration payable to the President and other expenditure
relating to his office, and the remuneration payable to*
.i0 the +udges of the upreme (ourt
7G
@and the #slamabad High
(ourtA;
.ii0 the (hief <lection (ommissioner;
.iii0 the (hairman and the ,eputy (hairman;
.iv0 the peaker and the ,eputy peaker of the 'ational
Assembly;
.v0 the Auditor*Deneral;
.b0
>=
@the administrative expenses, including the remuneration payable to
officers and servants, of the upreme (ourt, the #slamabad High
(ourt, the department of the Auditor*Deneral, the 9ffice of the (hief
<lection (ommissioner and of the <lection (ommission and the
ecretariats of the enate and the 'ational Assembly; A
.c0 all debt charges for which the &ederal Dovernment is liable, including
interest, sinking fund charges, the repayment or amortisation of
capital, and other expenditure in connection with the raising of loans,
and the service and redemption of debt on the security of the &ederal
(onsolidated &und;
.d0 any sums re!uired to satisfy any "udgment, decree or award against
Pakistan by any court or tribunal; and
.e0 any other sums declared by the (onstitution or by Act of $a"lis*e*
hoora .Parliament0 to be so charged-
4$. P"#cedu"e "elain& # Annual Bud&e Sae%en- ./0 o much of the
Annual 5udget tatement as relates to expenditure charged upon the &ederal
(onsolidated &und may be discussed in, but shall not be submitted to the vote of,
the 'ational Assembly-
39
Added by the (onstitution .'ineteenth Amendment0 Act / of 2=//
40
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
.20 o much of the Annual 5udget tatement as relates to other
expenditure shall be submitted to the 'ational Assembly in the form of demands
for grants, and the Assembly shall have power to assent to, or to refuse to assent
to, any demand, or to assent to any demand sub"ect to a reduction of the amount
specified therein;
Provided that, for a period of ten years from the commencing day or the
holding of the second general election to the 'ational Assembly, whichever occurs
later, a demand shall be deemed to have been assented to without any reduction
of the amount specified therein, unless, by the votes of a ma"ority of the total
membership of the Assembly, it is refused or assented to sub"ect to a reduction of
the amount specified therein-
.70 'o demand for a grant shall be made except on the recommendation
of the &ederal Dovernment-
4*. Auhenicai#n #) !chedule #) auh#"i!ed e+pendiu"e- ./0 3he Prime
$inister shall authenticate by his signature a schedule specifying*
.a0 the grants made or deemed to have been made by the 'ational
Assembly under Article F2, and
.b0 the several sums re!uired to meet the expenditure charged upon the
&ederal (onsolidated &und but not exceeding, in the case of any
sum, the sum shown in the statement previously laid before the
'ational Assembly-
.20 3he schedule so authenticated shall be laid before the 'ational
Assembly, but shall not be open to discussion or vote thereon-
.70 ub"ect to the (onstitution, no expenditure from the &ederal
(onsolidated &und shall be deemed to be duly authorised unless it is specified in
the schedule so authenticated and such schedule is laid before the 'ational
Assembly as re!uired by clause .20-
4,. Supple%ena"0 and e+ce!! &"an!-#f in respect of any financial year it is
found*
.a0 that the amount authori)ed to be expended for a particular service
for the current financial year is insufficient, or that a need has arisen
for expenditure upon some new service not included in the Annual
5udget tatement for that year; or
.b0 that any money has been spent on any service during a financial
year in excess of the amount granted for that service for that year;
the &ederal Dovernment shall have power to authori)e expenditure
from the &ederal (onsolidated &und, whether the expenditure is
charged by the (onstitution upon that &und or not, and shall cause
to be laid before the 'ational Assembly a upplementary 5udget
tatement or, as the case may be, an <xcess 5udget tatement,
setting out the amount of that expenditure, and the provisions of
Articles F= to F7 shall apply to those statements as they apply to the
Annual 5udget tatement-
4/. ?#e! #n acc#un- 'otwithstanding anything contained in the foregoing
provisions relating to financial matters, the 'ational Assembly shall have power to
make any grant in advance in respect of the estimated expenditure for a part of
any financial year, not exceeding four months, pending completion of the
procedure prescribed in Article F2 for the voting of such grant and the
authentication of the schedule of authori)ed expenditure in accordance with the
provisions of Article F7 in relation to the expenditure-
41. P#-e" # auh#"i!e e+pendiu"e -hen A!!e%bl0 !and! di!!#l(ed-
'otwithstanding anything contained in the foregoing provisions relating to financial
matters, at any time when the 'ational Assembly stands dissolved, the &ederal
Dovernment may authori)e expenditure from the &ederal (onsolidated &und in
respect of the estimated expenditure for a period not exceeding four months in any
financial year, pending completion of the procedure prescribed in Article F2 for the
voting of grants and the authentication of the schedule of authori)ed expenditure
in accordance with the provisions of Article F7 in relation to the expenditure-
42. Sec"ea"ia! #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0 <ach House shall have
a separate ecretariat4
Provided that nothing in this clause shall be construed as preventing the
creation of posts common to both Houses-
.20 $a"lis*e*hoora .Parliament0 may by law regulate the recruitment
and the conditions of service of persons appointed to the ecretarial staff of either
House-
.70 Until provision is made by $a"lis*e*hoora .Parliament0 under clause
.20, the peaker or, as the case may be, the (hairman may, with the approval of
the President, make rules regulating the recruitment and the conditions of service,
of persons appointed to the secretarial staff of the 'ational Assembly or the
enate-
44. Finance C#%%iee!-./0 3he expenditure of the 'ational Assembly and
the enate within authorised appropriations shall be controlled by the 'ational
Assembly or, as the case may be, the enate acting on the advice of its &inance
(ommittee-
.20 3he &inance (ommittee shall consist of the peaker or, as the case
may be, the (hairman, the $inister of &inance and such other members as may
be elected thereto by the 'ational Assembly or, as the case may be, the enate-
.70 3he &inance (ommittee may make rules for regulating its procedure-
'r!inances
45. P#-e" #) P"e!iden # p"#%ul&ae O"dinance!-./0 3he President may,
except when the
>/
@enate orA 'ational Assembly is in session, if satisfied that
circumstances exist which render it necessary to take immediate action, make and
promulgate an 9rdinance as the circumstances may re!uire-
.20 An 9rdinance promulgated under this Article shall have the same
force and effect as an Act of $a"lis*e*hoora .Parliament0 and shall be sub"ect to
like restrictions as the power of $a"lis*e*hoora .Parliament0 to make law, but
every such 9rdinance*
.a0 shall be laid*
.i0 before the 'ational Assembly if it contains provisions dealing
with all or any of the matters specified in clause .20 of Article
E7, and shall stand repealed at the expiration of
>2
@one
hundred and twenty daysA from its promulgation or, if before
the expiration of that period a resolution disapproving it is
passed by the Assembly, upon the passing of that resolution4
>7
@Provided that the 'ational Assembly may by a resolution
extend the 9rdinance 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
resolution4
Provided further that extension for further period may be
made only once; andA
41
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
42
Words :four months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
43
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.ii0 before both Houses if it does not contain provisions dealing
with any of the matters referred to in sub*paragraph .i0, and
shall stand repealed at the expiration of
>>
@one hundred and
twenty daysA from its promulgation or, if before the expiration
of that period a resolution disapproving it is passed by either
House, upon the passing of that resolution4
>?
@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 resolution4
Provided further that extension for a further period may be
made only once; andA
.b0 may be withdrawn at any time by the President-
>B
@.70 without pre"udice to the provisions of clause .20,*
.a0 an 9rdinance laid before the 'ational Assembly under sub*
paragraph .i0 of paragraph .a0 of clause .20 shall be deemed to
be a 5ill introduced in the 'ational Assembly; and
.b0 an 9rdinance laid before both Houses under sub*paragraph .ii0
of paragraph .a0 of clause .20 shall be deemed to be a 5ill
introduced in the House where it was first laid-A
Chape" *.9The Fede"al :#(e"n%en
,2
A56. The Fede"al :#(e"n%en- ./0 ub"ect to the (onstitution, the
executive authority of the &ederation shall be exercised in the name of the
President by the &ederal Dovernment, consisting of the Prime $inister and
the &ederal $inisters, which shall act through the Prime $inister, who shall
be the chief executive of the &ederation-
.20 #n the performance of his functions under the (onstitution, the
Prime $inster may act either directly or through the &ederal $inisters-A
44
Words :four months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
45
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
46
3he following Article FG.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.70 Without pre"udice to the provisions of clause .20 an 9rdinance laid before the 'ational Assembly,
shall be deemed to be a 5ill introduced in the 'ational Assembly-
47
3he following Article G= substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
56. E+e"ci!e #) e+ecui(e auh#"i0 #) he Fede"ai#nH ./0 3he executive authority of the &ederation
shall vest in the President and shall be exercised by him, either directly or through officers subordinate to
him, in accordance with the (onstitution-
@.20 'othing contained in clause ./0 shall 4*
.a0 be deemed to transfer to the President any functions conferred by any existing law on the
Dovernment of any Province or other authority; or
.b0 prevent the $a"lis*e*hoora .Parliament0 from conferring by law functions on authorities
other than the PresidentA
,4
A51. The Cabine-./0 3here shall be a (abinet of $inisters, with the Prime
$inister at its head, to aid and advise the President in the exercise of his
functions-
.20 3he 'ational 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-
.70 After the election of the peaker and the ,eputy peaker, the
'ational Assembly shall, to the exclusion of any other business, proceed to
elect without debate one of its $uslim members to be the Prime $inister-
.>0 3he Prime $inister shall be elected by the votes of the ma"ority
of the total membership of the 'ational Assembly4
Provided that, if no member secures such ma"ority 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 ma"ority of
votes of the members present and voting shall be declared to have been
elected as Prime $inister4
Provided further that, if the number of votes secured by two or more
members securing the highest number of votes is e!ual, further poll shall be
held between them until one of them secures a ma"ority of votes of the
members present and voting-
.?0 3he member elected under clause .>0 shall be called upon by the
President to assume the office of Prime $inister and he shall, before entering
upon the office, make before the President oath in the form set out in the
3hird chedule4
Provided that there shall be no restriction on the number of terms for
the office of the Prime $inister-
48
3he following Article G/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
@51. The CabineH ./0 3here shall be a (abinet of $inisters, with the Prime $inister at its head, to aid
and advise the President in the exercise of his functions-
.20 3he President shall in his discretion appoint from amongst the members of the 'ational
Assembly a Prime $inister who, in his opinion, is most likely to command the confidence of the ma"ority of
the members of the 'ational Assembly-
@.2A0 'otwithstanding any*thing contained in clause .20, after the twentieth day of $arch, one
thousand nine hundred and ninety, the President shall invite the member of the 'ational Assembly to be the
Prime $inister who commands the confidence of the ma"ority of the members of the 'ational Assembly, as
ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of
the (onstitution-A
.70 3he person appointed under clause .20 @or as the case may be, invited under clause .2A0A
shall, before entering upon the office, make before the President oath in the form set out in the 3hird
chedule and shall within a period of sixty days thereof obtain a vote of confidence from the 'ational
Assembly-
.>0 3he (abinet, together with the $inisters of tate, shall be collectively responsible to the
'ational Assembly-
@.?0 3he Prime $inister 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 $inister does not
command the confidence of the ma"ority of the members of the 'ational Assembly, in which case he shall
summon the 'ational Assembly and re!uire the Prime $inister to obtain a vote of confidence from the
Assembly-A
.B0 3he Prime $inister may, by writing under his hand addressed to the President, resign his
office-
.E0 A $inister who for any period of six consecutive months is not a member of the 'ational
Assembly shall, at the expiration of that period, cease to be a $inister and shall not before the dissolution of
that Assembly be again appointed a $inister unless he is elected a member of that Assembly4
Provided that nothing contained in this clause shall apply to a $inister who is a member of the
enate-
.F0 'othing contained in this Article shall be construed as dis!ualifying the Prime $inister or
any other $inister or a $inister of tate for continuing in office during any period during which the 'ational
Assembly stands dissolved, or as preventing the appointment of any person as Prime $inister or other
$inister or as $inister of tate during any such period-A
.B0 3he (abinet, together with the $inisters of tate, shall be
collectively responsible to the enate and the 'ational Assembly-
.E0 3he Prime $inister 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 $inister does not command the
confidence of the ma"ority of the members of the 'ational Assembly, in which
case he shall summon the 'ational Assembly and re!uire the Prime $inister
to obtain a vote of confidence from the Assembly-
.F0 3he Prime $inister may, by writing under his hand addressed to
the President, resign his office-
.G0 A $inister who for any period of six consecutive months is not a
member of the 'ational Assembly shall, at the expiration of that period, cease
to be a $inister and shall not before the dissolution of that Assembly be again
appointed a $inister unless he is elected a member of that Assembly4
Provided that nothing contained in this clause shall apply to a $inister
who is member of the enate-
./=0 'othing contained in this Article shall be construed as
dis!ualifying the Prime $inister or any other $inister or a $inister of tate for
continuing in office during any period during which the 'ational Assembly
stands dissolved, or as preventing the appointment of any person as Prime
$inister or other $inister or a $inister of tate during any such period-A
5$. Fede"al Mini!e"! and Mini!e"! #) Sae- ./0 ub"ect to clauses
>G
@.G0
and ./=0A of Article G/, the President shall appoint &ederal $inisters and $inisters
of tate from amongst the members of $a"lis*e*hoora .Parliament0 on the advice
of the Prime $inister4
Provided that the number of &ederal $inisters and $inisters of tate who
are members of the enate shall not at any time exceed one*fourth of the number
of &ederal $inisters4
?=
@Provided further that the total strength of the (abinet, including
$inisters of tate, shall not exceed eleven percent of the total membership of
$a"lis*e*hoora .Parliament04
Provided also that the aforesaid amendment shall be effective from the
next general election held after the commencement of the (onstitution
.<ighteenth Amendment0 Act, 2=/=-A
.20 5efore entering upon office, a &ederal $inister or $inister of tate
shall make before the President oath in the form set out in the 3hird chedule-
.70 A &ederal $inister or $inister of tate may, by writing under his
hand addressed to the President, resign his office or may be removed from office
by the President on the advice of the Prime $inister-
5*. Ad(i!e"!- ./0 3he President may, on the advice of the Prime $inister,
appoint not more than five Advisers, on such terms and conditions as he may
determine-
.20 3he provisions of Article ?E shall also apply to an Adviser-
5,. P"i%e Mini!e" c#ninuin& in #))ice- 3he President may ask the Prime
$inister to continue to hold office until his successor enters upon the office of
Prime $inister-
5/. ?#e #) n#9c#n)idence a&ain! P"i%e Mini!e"-./0 A resolution for a vote
of no*confidence moved by not less than twenty per centum of the total
49
Words :.E0 and .F0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
50
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
membership of the 'ational Assembly may be passed against the Prime $inister
by the 'ational Assembly-
.20 A resolution referred to in clause ./0 shall not be voted upon before
the expiration of three days, or later than seven days, from the day on which such
resolution is moved in the 'ational Assembly-
.70 A resolution referred to in clause ./0 shall not be moved in the
'ational Assembly while the 'ational Assembly is considering demands for grants
submitted to it in the Annual 5udget tatement-
.>0 #f the resolution referred to in clause ./0 is passed by a ma"ority of
the total membership of the 'ational Assembly, the Prime $inister shall cease to
hold office-
51. AO%iedC
52. E+en #) e+ecui(e auh#"i0 #) Fede"ai#n-ub"ect to the (onstitution,
the executive authority of the &ederation shall extend to the matters with respect to
which $a"lis*e*hoora .Parliament0 has power to make laws, including exercise of
rights, authority and "urisdiction in and in relation to areas outside Pakistan4
Provided that the said authority shall not, save as expressly provided in the
(onstitution or in any law made by $a"lis*e*hoora .Parliament0, extend in any
Province to a matter with respect to which the Provincial Assembly has also power
to make laws-
54. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!- 9n the
recommendation of the &ederal Dovernment, $a"lis*e*hoora .Parliament0 may by
law confer functions upon officers or authorities subordinate to the &ederal
Dovernment-
55. C#nduc #) bu!ine!! #) Fede"al :#(e"n%en- ./0 All executive actions
of the &ederal Dovernment shall be expressed to be taken in the name of the
President-
.20 3he
?/
@&ederal DovernmentA shall by rules specify the manner in
which orders and other instruments made and executed
?2
@in the name of the
PresidentA shall be authenticated, and the validity of any order or instrument so
authenticated shall not be !uestioned in any court on the ground that it was not
made or executed by the President-
?7
@.70 3he &ederal Dovernment shall also make rules for the allocation
and transaction of its business-A
166. A#"ne09:ene"al )#" Pa<i!an-./0 3he President shall appoint a person,
being a person !ualified to be appointed a +udge of the upreme (ourt, to be the
Attorney*Deneral for Pakistan-
.20 3he Attorney*Deneral shall hold office during the pleasure of the
President
?>
@and shall not engage in private practice so long as he holds the office
of the Attorney*Deneral-A
.70 #t shall be the duty of the Attorney*Deneral to give advice to the
&ederal Dovernment upon such legal matters, and to perform such other duties of
a legal character as may be referred or assigned to him by the &ederal
Dovernment, and in the performance of his duties he shall have the right of
audience in all courts and tribunals in Pakistan-
.>0 3he Attorney*Deneral may, by writing under his hand addressed to
the President, resign his office-
51
Words :President; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
52
Words :in his name; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
53
3he following Article GG.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.70 3he President shall also make rules for the allocation and transaction of the business of the
&ederal Dovernment-A
54
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
PART I?
PRO?INCES
161. App#in%en #) :#(e"n#"-
//
@./0 3here shall be a Dovernor for each
Province, who shall be appointed by the President on the advice of the Prime
$inister-A
.20 A person shall not be appointed a Dovernor unless he is !ualified to
be elected as member of the 'ational Assembly and is not less that thirty*five
years of age
?B
@and is a registered voter and resident of the Province concernedA
.70 3he Dovernor shall hold office during the pleasure of the President
and shall be entitled to such salary, allowances and privileges as the President
may determine-
.>0 3he Dovernor may, by writing under his hand addressed to the
President, resign his office-
.?0 3he President may make such provision as he thinks fit for the
discharge of the functions of a Dovernor in any contingency not provided for in this
Part-
16$. Oah #) #))ice- 5efore entering upon office, the Dovernor shall make
before the (hief +ustice of the High (ourt oath in the form set out in the 3hird
chedule-
16*. C#ndii#n! #) :#(e"n#";! #))ice- ./0 3he Dovernor shall not hold any
office of profit in the service of Pakistan of occupy any other position carrying the
right to remuneration for the rendering of services-
.20 3he Dovernor shall not be a candidate for election as a member of
$a"lis*e*hoora .Parliament0A or a Provincial Assembly and, if a member of $a"lis*
e*hoora .Parliament0Aor a Provincial Assembly is appointed as Dovernor, his seat
in $a"lis*e*hoora .Parliament or, as the case may be, the Provincial Assembly
shall become vacant on the day he enters upon his office-
/2
A16,. Spea<e" P"#(incial A!!e%bl0 # ac a!. #" pe")#"% )unci#n! #)
:#(e"n#" in hi! ab!ence-When the Dovernor, by reason of absence from
Pakistan or for any other cause, is unable to perform his functions, the
peaker of the Provincial Assembly and in his absence any other person as
the President may nominate shall perform the functions of Dovernor until the
Dovernor returns to Pakistan or, as the case may be, resumes his functions-A
16/. :#(e"n#" # ac #n ad(ice. ec- ./0 ub"ect to the (onstitution, in the
performance of his functions, the Dovernor shall act
?F
@on andA in accordance with
the advice of the (abinet, or the (hief $inister-
Provided that
?G
@within fifteen daysA the Dovernor may re!uire the (abinet
or, as the case may be, the (hief $inister to reconsider such advice, whether
generally or otherwise, and the Dovernor shall
B=
@, within ten days,A act in
accordance with the advice tendered after such reconsideration-
.20 3he !uestion whether any, and if so what, advice was tendered to
the Dovernor by the (hief $inister or the (abinet shall not be in!uired into in, or
by, any court, tribunal or other authority-
55
3he following Article /=/./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 3here shall be a Dovernor for each Province, who shall be appointed by the President @in his
discretionA @after consultation with the Prime $inister-A
56
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
57
3he following Article /=> substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
16,. Acin& :#(e"n#"H When the governor is absent from Pakistan or is unable to perform the functions
of his office due to any cause, such other person as the President may direct shall act as Dovernor-
58
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
59
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
60
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
B/
@.70 Where the Dovernor dissolves the Provincial Assembly,
notwithstanding anything contained in clause ./0, he shall,*
.a0 appoint a date, not later than ninety days from the date of
dissolution, for the holding of a general election to the Assembly;
and
.b0 appoint a care*taker (abinet-A
.>0
B2
@HHHA
.?0 3he provisions of clause @.20A of Article >F shall have effect in relation
to a Dovernor as if reference therein to CPresidentC were reference to CDovernorC-
Chape" $. 9 PRO?INCIAL ASSEMBLIES
1*
A161. C#n!iui#n #) P"#(incial A!!e%blie!- ./0 <ach Provincial
Assembly shall consist of general seats and seats reserved for women and
non*$uslims as specified herein below-*
:ene"al Sea! J#%en N#n9
Mu!li%!
T#al
5alochistan ?/ // 7 B?
6hyber Pakhtunkhwa GG 22 7 /2>
Pun"ab 2GE BB F 7E/
indh /7= 2G G /BF
.20 A person shall be entitled to vote ifK
.a0 he is a citi)en of Pakistan;
.b0 he is not less than eighteen years of age;
.c0 his name appears on the electoral roll for any area in the
Province; and
61
3he following Article /=?.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.70 Where the Dovernor dissolves the Provincial Assembly, he shall appoint, in his discretion, but with
the previous approval of the President, a care*taker (abinet-
62
3he following Article /=?.>0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.>0 3he powers conferred by the Article on the President shall be exercised by him in his discretion-
63
3he following Article /=B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
161. C#n!iui#n #) P"#(incial A!!e%blie!.
./0 <ach Provincial Assembly shall consist of general seats and seats reserved for women and
non*$uslims as specified herein below-
:ene"al !ea!J#%enN#n9Mu!li%!T#al5aluchistan?///7B?3he 'orth*West &rontier
ProvinceGG227/2>3he Pun"ab2GEBBF7E/ind/7=2GG/BF
.20 A person shall be entitled to vote if*
.a0 he is a citi)en of Pakistan;
.b0 he is not less than eighteen years of age;
.c0 his name appears on the electoral roll for any area in the Province; and
.d0 he is not declared by a competent court to be of unsound mind-
.70 &or the purpose of election to a Provincial Assembly*
.a0 the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct and
free vote;
.b0 each Province shall be a single constituency for all seats reserved for women and
non*$uslims allocated to the respective Provinces under clause ./0;
.c0 the members to fill seats reserved for women and non*$uslims allocated to a
Province under clause ./0 shall be elected in accordance with law through
proportional representation system of political partiesL lists of candidates on the
basis of the total number of general seats secured by each political party in the
Provincial Assembly4
@Provided that for the purpose of this sub*clause,the total number of general seats
won by a political party shall include the independent returned candidate or
candidates who may duly "oin such political party within three days of the
publication in the official Da)ette of the names of the returned candidates-A
.d0 he is not declared by a competent court to be of unsound mind
.70 &or the purpose of election to a Provincial Assembly,*
.a0 the constituencies for the general seats shall be single member
territorial constituencies and the members to fill such seats shall
be elected by direct and free vote;
.b0 each Province shall be a single constituency for all seats
reserved for women and non*$uslims allocated to the respective
Provinces under clause ./0;
.c0 the members to fill seats reserved for women and non*$uslims
allocated to a Province under clause ./0 shall be elected in
accordance with law through proportional representation system
of political partiesL lists of candidates on the basis of the total
number of general seats secured by each political party in the
Provincial Assembly4
Provided that for the purpose of this sub*clause, the total number
of general seats won by a political party shall include the
independent returned candidate or candidates who may duly "oin
such political party within three days of the publication in the
official Da)ette of the names of the returned candidates-A
162. 3u"ai#n #) P"#(incial A!!e%bl0- A Provincial Assembly shall, unless
sooner dissolved, continue for a term of five years from the day of its first meeting
and shall stand dissolved at the expiration of its term-
164. Spea<e" and 3epu0 Spea<e"- After a general election, a Provincial
Assembly shall, at its first meeting and to the exclusion of any other business,
elect from amongst its members a peaker and a ,eputy peaker and, so often
as the office of peaker or ,eputy peaker becomes vacant, the Assembly shall
elect another member as peaker or, as the case may be, ,eputy peaker-
165. Su%%#nin& and p"#"#&ain# #) P"#(incial A!!e%bl0- 3he Dovernor
may from time to time*
.a0 summon the Provincial Assembly to meet at such time and place as
he thinks fit; and
.b0 prorogue the Provincial Assembly-
116. Ri&h #) :#(e"n#" # add"e!! P"#(incial A!!e%bl0-3he Dovernor may
address the Provincial Assembly and may for that purpose re!uire the attendance
of the members-
111. Ri&h # !pea< in P"#(incial A!!e%bl0- 3he Advocate*Deneral shall
have the right to speak and otherwise take part in the proceedings of the
Provincial Assembly or any committee thereof of which he may be named a
member, but shall not by virtue of this Article be entitled to vote-
1,
A11$. 3i!!#lui#n #) P"#(incial A!!e%bl0- ./0 3he Dovernor shall
dissolve the Provincial Assembly if so advised by the (hief $inister; and the
Provincial Assembly shall, unless sooner dissolved, stand dissolved at the
expiration of forty*eight hours after the (hief $inister has so advised-
Explanation.- 1eference in this Article to Q(hief $inisterM shall not be
construed to include reference to a (hief $inister 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-
.20 3he Dovernor may also dissolve the Provincial Assembly in his
discretion, but sub"ect to the previous approval of the President, where a vote
of no*confidence having been passed against the (hief $inister, no other
member of the Provincial Assembly commands the confidence of the ma"ority
of the members of the Provincial Assembly in accordance with the provisions
of the (onstitution, as ascertained in a session of the Provincial Assembly
summoned for the purpose-A
11*. @uali)icai#n! and di!7uali)icai#n! )#" %e%be"!hip #) P"#(incial
A!!e%bl0- 3he !ualifications and dis!ualifications for membership of the
'ational Assembly set out in Articles B2 and B7 shall also apply for membership of
a Provincial Assembly as if reference therein to C'ational AssemblyC were a
reference to CProvincial AssemblyC-
11,. Re!"ici#n #n di!cu!!i#n in P"#(incial A!!e%bl0-'o discussion shall
take place in a Provincial Assembly with respect to the conduct of any +udge of
the upreme (ourt or of a High (ourt in the discharge of his duties-
11/. P"#(incial :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!-./0
A $oney 5ill, or a 5ill or amendment which if enacted and brought into operation
would involve expenditure from the Provincial (onsolidated &und or withdrawal
from the Public Account of the Province shall not be introduced or moved in the
Provincial Assembly except by or with the consent of the Provincial Dovernment-
.20 &or the purpose of this Article, a 5ill or amendment shall be deemed
to be a $oney 5ill if it contains provisions dealing with all or any of the following
matters, namely4*
.a0 the imposition, abolition, remission, alteration or regulation of
any tax;
64
3he following Article //2 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
11$. 3i!!#lui#n #) P"#(incial A!!e%bl0H @./0A 3he Dovernor shall dissolve the Provincial Assembly if
so advised by the (hief $inister; and the Provincial Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty*eight hours after the (hief $inister has so advised-
E+planai#n.* 1eference in this Article to C(hief $inisterC shall not be construed to include
reference to a (hief $inister against whom notice or a resolution for a vote of no*confidence has
been givenA in the Provincial Assembly but has not been voted upon or against whom a resolution
for a vote of no*confidence has been passed or who is continuing in office by virtue of clause .20 of
Article /7> or a Provincial $inister performing the functions of the (hief $inister under clause ./0 or
clause .70 of Article /7?-
.20 3he Dovernor may also dissolve the Provincial Assembly in his discretion, but sub"ect to
the previous approval of the President, where, in his opinion4*
.a0 a vote of no*confidence having been passed against the (hief $inister, no other
member of the Provincial Assembly is likely to command the confidence of the
ma"ority of the members of the Provincial Assembly in accordance with the
provisions of the (onstitution, as ascertained in a session of the Provincial
Assembly summoned for the purpose; or
.b0 a situation has arisen in which the Dovernment of the Province cannot be carried
on in accordance with the provisions of the (onstitution and an appeal to the
electorate is necessary-
.70 3he Dovernor in case of dissolution of the Provisional Assembly under paragraph .b0 of
clause .20 shall within fifteen days of the dissolution refer the matter to the upreme (ourt with the
previous approval of the President and the upreme (ourt shall decide the reference within thirty
days whose decision shall be final-
.b0 the borrowing of money, or the giving of any guarantee, by the
Provincial Dovernment or the amendment of the law relating
to the financial obligations of that Dovernment;
.c0 the custody of the Provincial (onsolidated &und, the payment
of moneys into, or issue of moneys from, that &und;
.d0 the imposition of a charge upon the Provincial (onsolidated
&und, or the abolition or alteration of any such charge;
.e0 the receipt of moneys on account of the Public Account of the
Province, the custody or issue of such moneys; and
.f0 any matter incidental to any of the matters specified in the
preceding paragraphs-
.70 A 5ill shall not be deemed to be a $oney 5ill by reason only that it
provides*
.a0 for the imposition or alteration of any fine or other pecuniary
penalty or for the demand or payment of a licence fee or a fee
or charge for any service rendered; or
.b0 for the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes-
.>0 #f any !uestion arises whether a 5ill is a $oney 5ill or not, the
decision of the peaker of the Provincial Assembly thereon shall be final-
.?0 <very $oney 5ill presented to the Dovernor for assent shall bear a
certificate under the hand of the peaker of the Provincial Assembly that it is a
$oney 5ill and such certificate shall be conclusive for all purposes and shall not
be called in !uestion-
111. :#(e"n#";! a!!en # Bill!- ./0 When a 5ill has been passed by the
Provincial Assembly, it shall be presented to the Dovernor for assent-
.20 When a 5ill is presented to the Dovernor for assent, the Dovernor
shall, within
B?
@tenA days,
.a0 assent to the 5ill; or
.b0 in the case of a 5ill other than a $oney 5ill, return the 5ill to the
Provincial Assembly with a message re!uesting that the 5ill, or any
specified provision thereof, be reconsidered and that any
amendment specified in the message be considered-
.70 When the Dovernor has returned a 5ill to the Provincial Assembly it
shall be reconsidered by the Provincial Assembly and, if it is again passed, with or
without amendment, by the Provincial Assembly, by the votes of the ma"ority of the
members of the Provincial Assembly present and voting, it shall be again
Presented to the Dovernor and the Dovernor shall
BB
@give his assent within ten
days, failing which such assent shall be deemed to have been given-A
.>0 When the Dovernor has assented
BE
@or is deemed to have assentedA
to a 5ill, it shall become law and be called an Act of Provincial Assembly-
.?0 'o Act of a Provincial Assembly, and no provision in any such Act,
shall be invalid by reason only that some recommendation, previous sanction or
consent re!uired by the (onstitution was not given if that Act was assented to
accordance with the (onstitution-
112. Bill n# # lap!e #n p"#"#&ai#n. ec- ./0 A 5ill pending in a Provincial
Assembly shall not lapse by reason of the prorogation of the Assembly-
65
Word :thirty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
66
Words :not withhold assent therefrom; substituted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
67
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.20 A 5ill pending in a Provincial Assembly shall lapse on the dissolution
of the Assembly-
Financial P"#cedu"e
114. P"#(incial C#n!#lidaed Fund and Public Acc#un- ./0 All revenues
received by the Provincial Dovernment, all loans raised by that Dovernment, and
all moneys received by it in repayment of any loan, shall form part of a
consolidated fund, to be known as the Provincial (onsolidated &und-
.20 All other moneys*
.a0 received by or on behalf of the Provincial Dovernment; or
.b0 received by or deposited with the High (ourt or any other court
established under the authority of the Province;
shall be credited to the Public Account of the Province-
115. Cu!#d0. ec.. #) P"#(incial C#n!#lidaed Fund and Public Acc#un-
3he custody of the Provincial (onsolidated &und, the payment of moneys into that
&und, the withdrawal of moneys therefrom, the custody of other moneys received
by or on behalf of the Provincial Dovernment, their payment into, and withdrawal
from, the Public Account of the Province, and all matters connected with or
ancillary to the matters aforesaid, shall be regulated by Act of the Provincial
Assembly or, until provision in that behalf is so made, by rules made by the
Dovernor-
1$6. Annual Bud&e Sae%en- ./0 3he Provincial Dovernment shall, in
respect of every financial year, cause to be laid before the Provincial Assembly a
statement of the estimated receipts and expenditure of the Provincial Dovernment
for that year, in this (hapter referred to as the Annual 5udget tatement-
.20 3he Annual 5udget tatement shall show separately 4*
.a0 the sums re!uired to meet expenditure described by the (onstitution
as expenditure charged upon the Provincial (onsolidated &und; and
.b0 the sums re!uired to meet other expenditure proposed to be made
from the Provincial (onsolidated &und;
and shall distinguish expenditure on revenue account from other
expenditure-
1$1. E+pendiu"e cha"&ed up#n P"#(incial C#n!#lidaed Fund- 3he
following expenditure shall be expenditure charged upon the Provincial
(onsolidated &und4
.a0 the remuneration payable to the Dovernor and other expenditure
relating to his office, and the remuneration payable to 4*
.i0 the +udges of the High (ourt; and
.ii0 the peaker and ,eputy peaker of the Provincial Assembly;
.b0 the administrative expenses, including the remuneration payable to
officers and servants, of the High (ourt and the ecretariat of the
Provincial Assembly;
.c0 all debt charges for which the Provincial Dovernment is liable,
including interest, sinking fund charges, the repayment or
amortisation of capital, and other expenditure in connection with the
raising of loans, and the service and redemption of debt on the
security of the Provincial (onsolidation &und;
.d0 any sums re!uired to satisfy any "udgment, decree or award against
the Province by any (ourt or tribunal; and
.e0 any other sums declared by the (onstitution or by Act of the
Provincial Assembly to be so charged-
1$$. P"#cedu"e "elain& # Annual Bud&e Sae%en- ./0 o much of the
Annual 5udget tatement as relates to expenditure charged upon the Provincial
(onsolidated &und may be discussed in, but shall not be submitted to the vote of,
the Provincial Assembly-
.20 o much of the Annual 5udget tatement as relates to other
expenditure shall be submitted to the Provincial Assembly in the form of demands
for grants, and that Assembly shall have power to assent to, or to refuse to assent
to, any demand, or to assent to any demand sub"ect to a reduction of the amount
specified therein4
BF
@HHHA
.70 'o demand for a grant shall be made except on the recommendation
of the Provincial Dovernment-
1$*. Auhenicai#n #) !chedule #) auh#"i8ed e+pendiu"e- ./0 3he (hief
$inister shall authenticate by his signature a schedule specifying 4*
.a0 the grants made or deemed to have been made by the Provincial
Assembly under Article /22 and
.b0 the several sums re!uired to meet the expenditure charged upon the
Provincial (onsolidated &und but not exceeding, in the case of any
sum, the sum shown in the statement previously laid before the
Assembly-
.20 3he schedule so authenticated shall be laid before the Provincial
Assembly, but shall not be open to discussion or vote thereon-
.70 ub"ect to the (onstitution, no expenditure from the Provincial
(onsolidated &und shall be deemed to be duly authori)ed unless it is specified in
the schedule so authenticated and such schedule is laid before the Provincial
Assembly as re!uired by clause .20-
1$,. Supple%ena"0 and e+ce!! &"an-#f in respect of any financial year it is
found
.a0 that the amount authori)ed to be expended for a particular service
for the current financial year is insufficient, or that a need has arisen
for expenditure upon some new service not included in the Annual
5udget tatement for that year; or
.b0 that any money has been spent on any service during a financial
year in excess of the amount granted for that service for that year;
the Provincial Dovernment shall have power to authori)e expenditure from
the Provincial (onsolidated &und, whether the expenditure is charged by
the (onstitution upon that &und or not, and shall cause to be laid before the
Provincial Assembly a upplementary 5udget tatement or, as the case
may be, an <xcess 5udget tatement, setting out the amount of that
expenditure, and the provisions of Article /2= to /27 shall apply to those
statements as they apply to the Annual 5udget tatement-
1$/. ?#e! #n acc#un- 'otwithstanding anything contained in the foregoing
provisions relating to financial matters, the Provincial Assembly shall have power
to make any grant in advance in respect of the estimated expenditure for a part of
any financial year, not exceeding three months, pending completion of the
procedure prescribed in Article /22 for the voting of such grant and the
authentication of the schedule of expenditure in accordance with the provisions of
Article /27 in relation to the expenditure-
68
3he following proviso of Article /22.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
Provided that, for a period of ten years from the commencing day or the holding of the second general
election to the Provincial Assembly, whichever occurs later, a demand shall be deemed to have been
assented to unless, by the votes of a ma"ority of the total membership of the Assembly, it is refused or
assented to sub"ect to a reduction of the amount specified therein-A
1$1. P#-e" # auh#"i8e e+pendiu"e -hen A!!e%bl0 !and! di!!#l(ed-
'otwithstanding anything contained in the foregoing provisions relating to financial
matters, at any time when the Provincial Assembly stands dissolved, the Provincial
Dovernment may authori)e expenditure from the Provincial (onsolidated &und in
respect of the estimated expenditure for a period not exceeding four months in any
financial year, pending completion of the procedure prescribed in Article /22 for
the voting of grants and the authentication of the schedule of authori)ed
expenditure in accordance with the provisions of Article /27 in relation to the
expenditure-
1$2. P"#(i!i#n! "elain& # Nai#nal A!!e%bl0. ec.. # appl0 # P"#(incial
A!!e%bl0. ec-ub"ect to the (onstitution, the provisions of clauses .20 to .F0 of
Article ?7, clauses .20 and .70 of Article ?>, Article ??, Articles B7 to BE, Article BG,
Article EE, Article FE and Article FF shall apply to and in relation to a Provincial
Assembly or a committee or members thereof or the Provincial Dovernment, but
so that
.a0 any reference in those provisions to $a"lis*e*hoora .Parliament0, a
House or the 'ational Assembly shall be read as a reference to the
Provincial Assembly;
.b0 any reference in those provisions to the President shall be read as a
reference to the Dovernor of the Province;
.c0 any reference in those provisions to the &ederal Dovernment shall
be, read as a reference to the Provincial Dovernment;
.d0 any reference in those provisions to the Prime $inister shall be read
as a reference to the (hief $inister;
.e0 any reference in those provisions to a &ederal $inister shall be read
as a reference to a Provincial $inister;
.f0 any reference in those provisions to the 'ational Assembly of
Pakistan shall be read as a reference to the Provincial Assembly in
existence immediately before the commencing day ; and
.g0 the said clause .20 of Article ?> shall have effect as if, in the proviso
thereto, for the words Cone hundred and thirtyC the word
BG
@one
hundredA were substituted-
1$4. P#-e" #) :#(e"n#" # p"#%ul&ae O"dinance!-./0 3he Dovernor may,
except when the Provincial Assembly is in session, if satisfied that circumstances
exist which render it necessary to take immediate action, make and promulgate an
9rdinance as the circumstances may re!uire-
.20 An 9rdinance promulgated under this Article shall have the same
force and effect as an Act of the Provincial Assembly and shall be sub"ect to like
restrictions as the power of the Provincial Assembly to make laws, but every such
9rdinance4
.a0 shall be laid before the Provincial Assembly and shall stand repealed
at the expiration of
E=
@ninety daysA from its promulgation or, if before
the expiration of that period a resolution disapproving it is passed by
the Assembly, upon the passing of that resolution4
E/
@Provided that the Provincial Assembly may by a resolution
extend the 9rdinance for a further period of ninety days and it
shall stand repealed at the expiration of the extended period, or if
before the expiration of that period a resolution disapproving it is
passed by the Assembly, upon the passing of that resolution4
Provided further that extension for a further period may be made
only once-A
69
Word :seventy; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
70
Word :three months; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
71
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.b0 may be withdrawn at any time by the Dovernor-
.70 Without pre"udice to the provisions of clause .20, an 9rdinance laid
before the Provincial Assembly shall be deemed to be a 5ill introduced in the
Provincial Assembly-
2$
A1$5. The P"#(incial :#(e"n%en- ./0 ub"ect to the (onstitution, the
executive authority of the Province shall be exercised in the name of the
Dovernor by the Provincial Dovernment, consisting of the (hief $inister and
Provincial $inisters, which shall act through the (hief $inister-
.20 #n the performance of his functions under the (onstitution, the
(hief $inister may act either directly or through the Provincial $inisters-A
2*
A1*6. The Cabine- ./0 3here shall be a (abinet of $inisters, with the
(hief $inister at its head, to aid and advise the Dovernor in the exercise of
his functions-
.20 3he 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 Dovernor-
.70 After the election of the peaker and the ,eputy peaker, the
Provincial Assembly shall, to the exclusion of any other business, proceed to
elect without debate one of its members to be the (hief $inister-
.>0 3he (hief $inister shall be elected by the votes of the ma"ority of
the total membership of the Provincial Assembly4
Provided that, if no member secures such ma"ority in the first poll, a
second poll shall be held between the members who secure the two highest
72
3he following Article /2G substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1$5. E+e"ci!e #) e+ecui(e auh#"i0 #) P"#(inceH 3he executive authority of the Province shall vest in the
Dovernor and shall be exercised by him, either directly or though officers subordinate to him, in accordance
with the (onstitution-A
73
3he following Article /7= substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
@1*6. The CabineH ./0 3here shall be a (abinet of $inisters, with the (hief $inister at its head, to aid and
advise the Dovernor in the exercise of his functions-
.20 3he Dovernor shall appoint from amongst the members of the Provincial Assembly a (hief
$inister who, in his opinion, is likely to command the confidence of the ma"ority of the members of the
provincial Assembly-
@.2A0 'otwithstanding anything contained in clause.20 after the twentieth day of $arch, one
thousand nine*hundred and eighty*eight, the Dovernor shall invite the member of the Provincial Assembly to
be the (hief $inister who commands the confidence of the members of the Provincial Assembly, as
ascertained in session of the Assembly summoned for the purpose in accordance with the provisions of the
(onstitution4
Provided that nothing contained in this clause shall apply to a (hief $inister holding office on the
twentieth day of $arch, one thousand nine hundred and eighty eight, in accordance with provisions
of the (onstitution-A
.70 3he person appointed under clause.20 or, as the case may be, invited under clause.2A0A
shall, before entering upon the office, make before the Dovernor oath in the form set out in the 3hird
chedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial
Assembly-
.>0 3he (abinet shall be collectively responsible to the Provincial Assembly -
.?0 3he (hief $inister shall hold office during the pleasure of the Dovernor, but the Dovernor
shall not exercise his powers under this clause unless he is satisfied that the (hief $inister does not
command the confidence of the ma"ority of the members of the Provincial Assembly, in which case he shall
summon the Provincial Assembly and re!uire the (hief $inister to obtain a vote of confidence from the
Assembly-A
.B0 3he (hief $inister may, by writing under his hand addressed to the Dovernor, resign his
office-
.E0 A $inister 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 $inister, and shall not before the dissolution
of that Assembly be again appointed a $inister unless he is elected a member of that Assembly-
.F0 'othing contained in this Article shall be construed as dis!ualifying the (hief $inister or
any other $inister for continuing in office during any period during which the Provincial Assembly stands
dissolved, or as preventing the appointment of any person as (hief $inister or other $inister during any
such period-A
numbers of votes in the first poll and the member who secures a ma"ority of
votes of the members present and voting shall be declared to have been
elected as (hief $inister4
Provided further that, if the number of votes secured by two or more
members securing the highest number of votes is e!ual, further polls shall be
held between them until one of them secures a ma"ority of votes of the
members present and voting-
.?0 3he member elected under clause .>0 shall be called upon by the
Dovernor to assume the office of (hief $inister and he shall, before entering
upon the office, make before the Dovernor oath in the form set out in the
3hird chedule4
Provided that there shall be no restriction on the number of terms for
the office of the (hief $inister-
.B0 3he (abinet shall be collectively responsible to the Provincial
Assembly and the total strength of the (abinet shall not exceed fifteen
members or eleven percent of the total membership of a Provincial Assembly,
whichever is higher4
Provided that the aforesaid limit shall be effective from the next general
elections after the commencement of the (onstitution .<ighteenth
Amendment0 Act, 2=/=-
.E0 3he (hief $inister shall hold office during the pleasure of the
Dovernor, but the Dovernor shall not exercise his powers under this clause
unless he is satisfied that the (hief $inister does not command the
confidence of the ma"ority of the members of the Provincial Assembly, in
which case he shall summon the Provincial Assembly and re!uire the (hief
$inister to obtain a vote of confidence from the Assembly-
.F0 3he (hief $inister may, by writing under his hand addressed to
the Dovernor, resign his office-
.G0 A $inister 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 $inister and shall not before the dissolution of that Assembly
be again appointed a $inister unless he is elected a member of that
Assembly-
./=0 'othing contained in this Article shall be construed as
dis!ualifying the (hief $inister or any other $inister for continuing in office
during any period during which the Provincial Assembly stands dissolved, or
as preventing the appointment of any person as (hief $inister or other
$inister during any such period-
.//0 3he (hief $inister shall not appoint more than five Advisers-A
2,
A1*1. :#(e"n#" # be <ep in)#"%ed- 3he (hief $inister shall keep the
Dovernor informed on matters relating to Provincial administration and on all
legislative proposals the Provincial Dovernment intends to bring before the
Provincial Assembly-A
74
3he following Article /7/ substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
@1*1. 3uie! #) Chie) Mini!e" in "elai#n # :#(e"n#"H #t shall be the duty of the (hief $inister*
.a0 to communicate to the Dovernor all decisions of the (abinet relating to the administration
of the affairs of the Province and proposals for legislation;
.b0 to furnish such information relating to the administration of the affairs of the Province and
proposals for legislation as the Dovernor may call for; and
.c0 if the Dovernor so re!uires, to submit for consideration of the (abinet any matter on which
a decision has been taken by the (hief $inister or a $inister but which has not been
considered by the (abinet-A
1*$. P"#(incial Mini!e"-./0 ub"ect to clauses
E?
@.G0 and ./=0A of Article /7=,
the Dovernor shall appoint Provincial $inisters from amongst members of the
Provincial Assembly on the advice of the (hief $inister-
.20 5efore entering upon office, a Provincial $inister shall make before
the Dovernor oath in the form set out in the 3hird chedule-
.70 A Provincial $inister may, by writing under his hand addressed to
the Dovernor, resign his office or may be removed from office by the Dovernor on
the advice of the (hief $inister-
1**. Chie) Mini!e" c#ninuin& in #))ice- 3he Dovernor may ask the (hief
$inister to continue to hold office until his successor enters upon the office of
(hief $inister-
1*, E1*/ A#%iedC
1*1. ?#e #) n#9c#n)idence a&ain! Chie) Mini!e"-./0 A resolution for a vote
of no*confidence moved by not less than twenty per centum of the total
membership of the Provincial Assembly may be passed against the (hief $inister
by the Provincial Assembly-
.20 A resolution referred to in clause ./0 shall not be voted upon before
the expiration of three days, or later than seven days, from the day on which such
resolution is moved in the Provincial Assembly-
.70 #f the resolution referred to in clause ./0 is passed by a ma"ority of
the total membership of the Provincial Assembly, the (hief $inister shall cease to
hold office-
1*2. E+en #) e+ecui(e auh#"i0 #) P"#(ince- ub"ect to the (onstitution,
the executive authority of the Province shall extend to the matters with respect to
which the Provincial Assembly has power to make laws4
Provided that, in any matter with respect to which both $a"lis*e*hoora
.Parliament0 and the Provincial Assembly of a Province have power to make laws,
the executive authority of the Province shall be sub"ect to, and limited by, the
executive authority expressly conferred by the (onstitution or by law made by
$a"lis*e*hoora .Parliament0 upon the &ederal Dovernment or authorities thereof-
1*4. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!- 9n the
recommendation of the Provincial Dovernment, the Provincial Assembly may by
law confer functions upon officers or authorities subordinate to the Provincial
Dovernment-
1*5. C#nduc #) bu!ine!! #) P"#(incial :#(e"n%en- ./0 All executive
actions of the Provincial Dovernment shall be expressed to be taken in the name
of the Dovernor-
.20 3he
EB
@Provincial DovernmentA shall by rules specify the manner in
which orders and other instruments made and executed
EE
@in the name of
DovernorA shall be authenticated, and the validity of any order or instrument so
authenticated shall not be !uestioned in any court on the ground that it was not
made or executed by the Dovernor-
EF
@.70 3he Provincial Dovernment shall also make rules for the
allocation and transaction of its business-A
75
Words :.E0 and .F0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
76
Word :Dovernor; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
77
Word :in his name; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
78
3he following Article /7G.70 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.70 3he Dovernor shall also make rules for the allocation and transaction of the business of the
Provincial Dovernment-A
1,6. Ad(#cae9:ene"al )#" a P"#(ince- ./0 3he Dovernor of each Province
shall appoint a person, being a person !ualified to be appointed a +udge of the
High (ourt, to be the Advocate*Deneral for the Province-
.20 #t shall be the duty of the Advocate*Deneral to give advice to the
Provincial Dovernment upon such legal matters, and to perform such other duties
of a legal character, as may be referred or assigned to him by the Provincial
government-
.70 3he Advocate*Deneral shall hold office during the pleasure of the
Dovernor
EG
@and shall not engage in private practice so long as he holds the office
of the Advocate*DeneralA
.>0 3he Advocate*Deneral may, by writing under his hand addressed to
the Dovernor, resign his office-
46
A1,6A. L#cal :#(e"n%en- <ach Province shall, by law, establish a local
government system and devolve political, administrative and financial
responsibility and authority to the elected representatives of the local
governments-
.20 <lections to the local governments shall be held by the <lection
(ommission of Pakistan-A
**************
PART ?
RELATIONS BETJEEN FE3ERATION AN3 PRO?INCES
CHAPTER 19 3ISTRIBUTION OF LE:ISLATI?E POJERS
1,1. E+en #) Fede"al and P"#(incial la-!- ub"ect to the (onstitution,
$a"lis*e*hoora .Parliament0 may make laws .including laws having extra*
territorial operation 0 for the whole or any part of Pakistan, and a Provincial
Assembly may make laws for the Province or any part thereof-
1,$. Sub'ec9%ae" #) Fede"al and P"#(incial la-!- ub"ect to the
(onstitution*
.a0 $a"lis*e*hoora .Parliament0 shall have exclusive power to make
laws with respect to any matter in the &ederal 8egislative 8ist;
F/
@.b0 $a"lis*e*hoora .Parliament0 and a Provincial Assembly shall
have power to make laws with respect to criminal law, criminal
procedure and evidence-A
F2
@.c0 ub"ect to paragraph .b0, a Provincial Assembly shall, and
$a"lis*e*hoora .Parliament0 shall not, have power to make laws
with respect to any matter not enumerated in the &ederal
8egislative 8ist-;-
.d0 $a"lis*e*hoora .Parliament0 shall have exclusive power to make
laws with respect to all matters pertaining to such areas in the
&ederation as are not included in any Province-A
79
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
80
3he Article />=A inserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
81
3he following Article />2.i0.b0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.b0 @$a"lis*e*hoora .Parliament0A, and a Provincial Assembly also, shall have power to make
laws with respect to any matter in the (oncurrent 8egislative 8ist;
82
3he following Article />2.i0.c0 I .d0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
.c0 A Provincial Assembly shall, and $a"lis*e*hoora .Parliament0A shall not, have power to
make laws with respect to any matter not enumerated in either the &ederal 8egislative 8ist
or the (oncurrent 8egislative 8ist; and
.d0 $a"lis*e*hoora .Parliament0A shall have exclusive power to make laws with respect to
matters not enumerated in either of the 8ists for such areas in the &ederation as are not
included in any Province-
4*
A1,*. Inc#n!i!enc0 be-een Fede"al and P"#(incial la-- #f any
provision of an Act of a Provincial Assembly is repugnant to any provision of
an Act of $a"lis*e*hoora .Parliament0 which $a"lis*e*hoora .Parliament0 is
competent to enact, then the Act of $a"lis*e*hoora .Parliament0, 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-A
1,,. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en> # le&i!lae )#"
4,
A#neC #" %#"e
P"#(ince! b0 c#n!en- ./0 #f
F?
@oneA or more Provincial Assemblies pass
resolutions to the effect that $a"lis*e*hoora .Parliament0 may by law regulate any
matter not enumerated in
FB
@the &ederal 8egislative 8istA in the &ourth chedule, it
shall be lawful for $a"lis*e*hoora .Parliament0 to pass an Act for regulating that
matter accordingly, but any act so passed may, as respects any Province to which
it applies, be amended or repealed by Act of the Assembly of that Province-
CHAPTER $H9 A3MINISTRATI?E RELATION BETJEEN FE3RATION
AN3 PRO?INCES
1,/. P#-e" #) P"e!iden # di"ec :#(e"n#" # di!cha"&e ce"ain )unci#n!
a! hi! A&en- ./0 3he President may direct the Dovernor of any Province to
discharge as his Agent, either generally or in any particular matter, such functions
relating to such areas in the &ederation which are not included in any Province as
may be specified in the direction-
.20 3he provisions of Article /=? shall not apply to the discharge by the
Dovernor of his functions under clause ./0-
1,1. P#-e" #) Fede"ai#n # c#n)e" p#-e"!. ec.. #n P"#(ince!. in ce"ain
ca!e!- ./0 'otwithstanding anything contained in the (onstitution, the &ederal
Dovernment may, with the consent of the Dovernment of a Province, entrust either
conditionally or unconditionally to that Dovernment, or to its officers functions in
relation to any matter to which the executive authority of the &ederation extends-
.20 An Act of $a"lis*e*hoora .Parliament0 may, notwithstanding that it
relates to a matter with respect to which a Provincial Assembly has no power to
make laws, confer powers and impose duties upon a province or officers and
authorities thereof-
.70 Where by virtue of this Article powers and duties have been
conferred or imposed upon a Province or officers or authorities thereof, there shall
be paid by the &ederation to the Province such sum as may be agreed or, in
default of agreement, as may be determined by an arbitrator appointed by the
(hief +ustice of Pakistan, in respect of any extra costs of administration incurred
by the Province in connection with the exercise of those powers or the discharge
of those duties-
1,2. P#-e" #) he P"#(ince! # en"u! )unci#n! # he Fede"ai#n-
'otwithstanding anything contained in the (onstitution, the Dovernment of a
Province may, with the consent of the &ederal Dovernment, entrust, either
conditionally or unconditionally, to the &ederal Dovernment, or to its officers,
functions in relation to any matter to which the executive authority of the Province
extends4
83
3he following Article />7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1,*. Inc#n!i!enc0 be-een Fede"al and P"#(incial la-!H #f any provision of an Act of a Provincial
Assembly is repugnant to any provision of an Act of $a"lis*e*hoora .Parliament0A which $a"lis*e*hoora
.Parliament0A is competent to enact, or to any provision of any existing law with respect to any of the matters
enumerated in the (oncurrent 8egislative 8ist, then the Act of $a"lis*e*hoora .Parliament0A, whether
passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall
prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void-
84
Word :two; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
85
Word :two; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
86
Word :either list; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
FE
@Provided that the Provincial Dovernment shall get the functions so
entrusted ratified by the Provincial Assembly within sixty days-A
1,4. Obli&ai#n #) P"#(ince! and Fede"ai#n- ./0 3he executive authority of
every Province shall be so exercised as to secure compliance with &ederal laws
which apply in that Province-
.20 Without pre"udice to any other provision of this (hapter, in the
exercise of the executive authority of the &ederation in any Province regard shall
be had to the interests of that Province-
.70 #t shall be the duty of the &ederation to protect every Province
against external aggression and internal disturbances and to ensure that the
Dovernment of every Province is carried on in accordance with the provisions of
the (onstitution-
1,5. 3i"eci#n! # P"#(ince! in ce"ain ca!e!-./0 3he executive authority of
every Province shall be so exercised as not to impede or pre"udice the exercise of
the executive authority of the &ederation, and the executive authority of the
&ederation shall extend to the giving of such directions to a Province as may
appear to the &ederal Dovernment to be necessary for that purpose-
.20
FF
@HHHA
.70 3he executive authority of the &ederation shall also extend to the
giving of directions to a Province as to the construction and maintenance of means
of communication declared in the direction to be of national or strategic
importance-
.>0 3he executive authority of the &ederation shall also extend to the
giving of directions to a Province as to the manner in which the executive authority
thereof is to be exercised for the purpose of preventing any grave menace to the
peace or tran!uility or economic life of Pakistan or any part thereof-
1/6. Full )aih and c"edi )#" public ac!. ec- &ull faith and credit shall be
given throughout Pakistan to public acts and records, and "udicial proceedings of
every Province-
1/1. Ine"9P"#(incial "ade- ./0 ub"ect to clause .20, trade, commerce and
intercourse throughout Pakistan shall be free-
.20 $a"lis*e*hoora .Parliament0 may by law impose such restrictions on
the freedom of trade, commerce or intercourse between one Province and another
or within any part of Pakistan as may be re!uired in the public interest-
.70 A Provincial Assembly or a Provincial Dovernment shall not have
power to*
.a0 make any law, or take any executive action, prohibiting or restricting
the entry into, or the export from, the Province of goods of any class
or description, or
.b0 impose a tax which, as between goods manufactured or produced in
the Province and similar goods not so manufactured or produced,
discriminates in favour of the former goods or which, in the case of
goods manufactured or produced outside the Province discriminates
between goods manufactured or produced in any area in Pakistan
and similar goods manufactured or produced in any other area in
Pakistan-
.>0 An Act of a Provincial Assembly which imposes any reasonable
restriction in the interest of public health, public order or morality, or for the
87
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
88
3he following Article />G.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.20 3he executive authority of the &ederation shall also extend to the giving of directions to a Province
as to the carrying into execution therein of any &ederal law which relates to a matter specified in the
(oncurrent 8egislative 8ist and authorises the giving of such directions-
purpose of protecting animals or plants from disease or preventing or alleviating
any serious shortage in the Province of an essential commodity shall not, if it was
made with the consent of the President, be invalid-
1/$. Ac7ui!ii#n #) land )#" Fede"al pu"p#!e!- 3he &ederation may, if it
deems necessary to ac!uire any land situate in a Province for any purpose
connected with a matter with respect to which $a"lis*e*hoora .Parliament0 has
power to make laws, re!uire the Province to ac!uire the land on behalf, and at the
expense, of the &ederation or, if the land belongs to the Province, to transfer it to
the &ederation on such terms as may be agreed or, in default of agreement, as
may be determined by an arbitrator appointed by the (hief +ustice of Pakistan-
CHAPTER *.9 SPECIAL PRO?ISIONS
1/*. C#uncil #) C#%%#n Ine"e!!-./0 3here shall be a (ouncil of (ommon
#nterests, in this (hapter referred to as the (ouncil, to be appointed by the
President-
FG
@.20 3he (ouncil shall consist of K
.a0 the Prime $inister who shall be the (hairman of the (ouncil;
.b0 the (hief $inisters of the Provinces; and
.c0 three members from the &ederal Dovernment to be nominated
by the Prime $inister from time to time-A
.70
G=
@HHHA
.>0 3he (ouncil shall be responsible to $a"lis*e*hoora .Parliament0
G/
@and shall submit an Annual 1eport to both House of $a"lis*e*hoora
.Parliament0A-
1/,. Funci#n! and "ule! #) p"#cedu"e-
G2
@./0 3he (ouncil shall formulate
and regulate policies in relation to matters in Part ## of the &ederal 8egislative
8ist and shall exercise supervision and control over related institutions-A
G7
@.20 3he (ouncil shall be constituted within thirty days of the Prime
$inister taking oath of office-
.70 3he (ouncil shall have a permanent ecretariat and shall meet
at least once in ninety days4
Provided that the Prime $inister may convene a meeting on the
re!uest of a Province on an urgent matter-A
.>0 3he decisions of the (ouncil shall be expressed in terms of the
opinion of the ma"ority-
.?0 Until $a"lis*e*hoora .Parliament0 makes provision by law in this
behalf, the (ouncil may make its rules of procedure-
.B0 $a"lis*e*hoora .Parliament0A in "oint sit ting may from time to time by
resolution issue directions through the &ederal Dovernment to the (ouncil
89
3he following Article /?7.20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.20 3he members of the (ouncil shall be*
.a0 the (hief $inisters of the Provinces, and
.b0 an e!ual number of members from the &ederal Dovernment to be nominated by the Prime
$inister from time to time-
90
3he following Article /?7.70 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.70 3he Prime $inister- if he is a member of the (ouncil- shall be the (hairman of the (ouncil
but, if at any time he is not a member, the President may nominate a &ederal $inister who is a member of
the (ouncil to be its (hairman-A
91
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
92
3he following Article /?>./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 3he (ouncil shall formulate and regulate policies in relation to matters in Part ## of the &ederal
8egislative 8ist and, in so far as it is in relation to the affairs of the &ederation, the matter in entry 7>
.electricity0 in the (oncurrent 8egislative 8ist, and shall exercise supervision and control over related
institutions-
93
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
generally or in a particular matter to take action as $a"lis*e*hoora .Parliament0A
may deem "ust and proper and such directions shall be binding on the (ouncil-
.E0 #f the &ederal Dovernment or a Provincial Dovernment is dissatisfied
with a decision of the council, it may refer the matter to $a"lis*e*hoora
.Parliament0 in a "oint sitting whose decision in this behalf shall be final-
1//. C#%plain! a! # ine")e"ence -ih -ae" !upplie!-./0 #f the interests of
a Province, the &ederal (apital or the &ederally Administered 3ribal Areas, or any
of the inhabitants thereof, in water from any natural source of supply
G>
@or
reservoirA have been or are likely to be affected pre"udicially by*
.a0 any executive act or legislation taken or passed or proposed to be
taken or passed, or
.b0 the failure of any authority to exercise any of its powers with respect
to the use and distribution or control of water from that source,
the &ederal Dovernment or the Provincial Dovernment concerned
may make a complaint in writing to the (ouncil-
.20 Upon receiving such complaint, the (ouncil shall, after having
considered the matter, either give its decision or re!uest the President to appoint a
commission consisting of such persons having special knowledge and experience
in irrigation, engineering, administration, finance or law as he may think fit,
hereinafter referred to as the (ommission-
.70 Until $a"lis*e*hoora .Parliament0 makes provision by law in this
behalf, the provisions of the Pakistan (ommissions of #n!uiry Act, /G?B, as in
force immediately before the commencing day shall apply to the (ouncil or the
(ommission as if the (ouncil or the (ommission were a commission appointed
under that Act to which all the provisions of section ? thereof applied and upon
which the power contemplated by section /=A thereof had been conferred-
.>0 After considering the report and supplementary report, if any, of the
(ommission, the (ouncil shall record its decision on all matters referred to the
(ommission-
.?0 'otwithstanding any law to the contrary, but sub"ect to the provisions
of clause .?0 of Article /?>, it shall be the duty of the &ederal Dovernment and the
Provincial Dovernment concerned in the matter in issue to give effect to the
decision of the (ouncil faithfully according to its terms and tenor-
.B0 'o proceeding shall lie before any court at the instance of any party
to a matter which is or has been in issue before the (ouncil- or of any person
whatsoever, in respect of a matter which is actually or has been or might or ought
to have been a proper sub"ect of complaint to the (ouncil under this Article-
5/
A1/1 Nai#nal Ec#n#%ic C#uncil- ./0 3he President shall constitute a
'ational <conomic (ouncil which shall consist of K
.a0 the Prime $inister, who shall be the (hairman of the (ouncil;
.b0 the (hief $inisters and one member from each Province to be
nominated by the (hief $inister; and
94
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
95
3he following Article /?B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
1/1. Nai#nal Ec#n#%ic C#uncilH ./0 3he President shall constitute a 'ational <conomic (ouncil
consisting of the Prime $inister, who shall be its (hairman- and such other members as the President may
determine4
Provided that the President shall nominate one member from each Province on the
recommendation of the Dovernment of that Province-
.20 3he 'ational <conomic (ouncil shall review the overall economic condition of the country
and shall, for advising the &ederal Dovernment and the Provincial Dovernments, formulate plans in respect
of financial, commercial, social and economic policies; and in formulating such plans, it shall be guided by
the, Principles of Policy set out in (hapter 2 of Part ##-
.c0 four other members as the Prime $inister may nominate from
time to time-
.20 3he 'ational <conomic (ouncil shall review the overall
economic condition of the country and shall, for advising the &ederal
Dovernment and the Provincial Dovernments, formulate 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 e!uity and shall also be guided by the Principles of Policy set out in
(hapter 2 of Part*##-
.70 3he meetings of the (ouncil shall be summoned by the
(hairman or on a re!uisition made by one*half of the members of the (ouncil-
.>0 3he (ouncil shall meet at least twice in a year and the !uorum
for a meeting of the (ouncil shall be one*half of its total membership-
.?0 3he (ouncil shall be responsible to the $a"lis*e*hoora
.Parliament0 and shall submit an Annual 1eport to each House of $a"lis*e*
hoora .Parliament0-
1/2. Elec"ici0-./0 3he &ederal Dovernment may in any Province construct or
cause to be constructed hydro*electric or thermal power installations or grid
stations for the generation of electricity and lay or cause to be laid inter*provincial
transmission lines4
GB
@Provided that the &ederal Dovernment, prior to taking a decision to
construct or cause to be constructed, hydro*electric power stations in any
Province, shall consult the Provincial Dovernment concerned-; andA
.20 3he Dovernment of a Province may*
.a0 to the extent electricity is supplied to that Province from the national
grid, re!uire supply to be made in bulk for transmission and
distribution within the Province4
.b0 levy tax on consumption of electricity within the Province;
.c0 construct power houses and grid stations and lay transmission lines
for use within the Province; and
.d0 determine the tariff for distribution of electricity within the Province-
GE
@.70 #n case of any dispute between the &ederal Dovernment and a
Provincial Dovernment in respect of any matter under this Article, any of the
said Dovernments may move the (ouncil of (ommon #nterests for resolution
of the dispute-A
1/4. P"i#"i0 #) "e7ui"e%en! #) nau"al &a!- 3he Province in which a well*
head of natural gas is situated shall have precedence over other parts of Pakistan
in meeting the re!uirements from the well*head, sub"ect to the commitments and
obligations as on the commencing day-
1/5. B"#adca!in& and eleca!in&-./0 3he &ederal Dovernment shall not un
reasonably refuse to entrust to a Provincial Dovernment such functions with
respect to broadcasting and telecasting as may be necessary to enable that
Dovernment*
.a0 to construct and use transmitters in the Province; and
.b0 to regulate, and impose fees in respect of, the construction and use
of transmitters and the use of receiving apparatus in the Province4
Provided that nothing in this clause shall be construed as re!uiring
the &ederal Dovernment to entrust to any Provincial Dovernment any
96
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
97
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
control over the use of transmitters constructed or maintained by the
&ederal Dovernment or by persons authorised by the &ederal
Dovernment, or over the use of receiving apparatus by person so
authorised-
.20 Any functions so entrusted to a Provincial Dovernment shall be
exercised sub"ect to such conditions as may be imposed by the &ederal
Dovernment, including, notwithstanding anything contained in the (onstitution,
any conditions with respect to finance, but it shall not be lawful for the &ederal
Dovernment so to impose any conditions regulating the matter broadcast or
telecast by, or by authority of, the Provincial Dovernment-
.70 Any &ederal law with respect to broadcasting and telecasting shall
be such as to secure that effect can be given to the foregoing provisions of this
Article-
.>0 #f any !uestion arises whether any conditions imposed on any
Provincial Dovernment are lawfully imposed, or whether any refusal by the &ederal
Dovernment to entrust functions is unreasonable, the !uestion shall be determined
by an arbitrator appointed by the (hief +ustice of Pakistan-
.?0 'othing in this article shall be construed as restricting the powers of
the &ederal Dovernment under the (onstitution for the prevention of any grave
menace to the peace or tran!uility of Pakistan or any part thereof-
***************
Pa" ?I
Finance. P"#pe"0. C#n"ac! and Sui!
CHAPTER 1.9 FINANCE
3i!"ibui#n #) Re(enue! be-een he Fede"ai#n and he P"#(ince!.
116- Nai#nal Finance C#%%i!!i#n-./0 Within six months of the commencing
day and thereafter at intervals not exceeding five years, the President shall
constitute a 'ational &inance (ommission consisting of the $inister of &inance of
the &ederal Dovernment, the $inisters of &inance of the Provincial Dovernments,
and such other persons as may be appointed by the President after consultation
with the Dovernors of the Provinces-
.20 #t shall be the duty of the 'ational &inance (ommission to make
recommendations to the President as to*
.a0 the distribution between the-&ederation and the Provinces of the net
proceeds of the taxes mentioned in clause .70;
.b0 the making of grants*in*aid by the &ederal Dovernment to the
Provincial Dovernments;
.c0 the exercise by the &ederal Dovernment and the Provincial
Dovernments of the borrowing powers conferred by the (onstitution;
and
.d0 any other matter relating to finance referred to the (ommission by
the President-
.70 3he taxes refer red to in paragraph .a0 of clause .20 are the following
taxes raised under the authority of $a"lis*e*hoora .Parliament0, namely4*
.i0 taxes on income, including corporation tax, but not including taxes on
income consisting of remuneration paid out of the &ederal
(onsolidated &und;
.ii0 taxes on the sales and purchases of goods imported, exported,
produced, manufactured or consumed;
.iii0 export duties on cotton, and such other export duties as may be
specified by the President;
.iv0 export duties on cotton, and such other export duties as may be
specified by the President;
.v0 such duties of exercise as may be specified by the President; and
.vi0 such other taxes as may be specified by the President-
GF
@.7A0 3he share of the Provinces in each Award of 'ational &inance
(ommission shall not be less than the share given to the Provinces in the
previous Award-
.750 3he &ederal &inance $inister and Provincial &inance $inisters
shall monitor the implementation of the Award biannually and lay their reports
before both Houses of $a"lis*e*hoora .Parliament0 and the Provincial
Assemblies-A
.>0 As soon as may be after receiving the recommendation, of the
'ational &inance (ommission, the President shall, by 9rder, specify, in
accordance with the recommendations of the (ommission under paragraph .a0 of
clause .20, the share of the net proceeds of the taxes mentioned in clause .70
which is to be allocated to each Province, and that share shall be paid to the
Dovernment of the Province concerned, and, notwithstanding the provision of
Article EF shall not form part of the &ederal (onsolidated &und-
.?0 3he recommendations of the 'ational &inance (ommission, together
with an explanatory memorandum as to the action taken thereon, shall be laid
before both Houses and the Provincial Assemblies-
.B0 At any time before an 9rder under clause .>0 is made, the President
may, by 9rder, make such amendments or modifications in the law relating to the
distribution of revenues between the &ederal Dovernment and the Provincial
Dovernments as he may deem necessary or expedient-
.E0 3he President may, by 9rder, make grants*in*aid of the revenues of
the Provinces in need of assistance and such grants shall be charged upon the
&ederal (onsolidated &und-
111- Nau"al &a! and h0d"#9elec"ic p#-e"-
GG
@./0 'otwithstanding the
provisions of Article EF,*
.a0 the net proceeds of the &ederal duty of excise on natural gas
levied at well*head and collected by the &ederal Dovernment
and of the royalty collected by the &ederal Dovernment, shall not
form part of the &ederal (onsolidated &und and shall be paid to
the Province in which the well*head of natural gas is situated;
.b0 the net proceeds of the &ederal duty of excise on oil levied at
well*head and collected by the &ederal Dovernment, shall not
form part of the &ederal (onsolidated &und and shall be paid to
the Province in which the well*head of oil is situated-A
.20 3he net profits earned by the &ederal Dovernment, or any
undertaking established or administered by the &ederal Dovernment from the bulk
generation of power at a hydro*electric station shall be paid to the Province in
which the hydro*electric station is situated-
E+planai#n9 &or the purposes of this clause Cnet profitsC shall be
computed by deducting from the revenues accruing from the bulk supply of power
from the bus*bars of a hydro*electric station at a rate to be determined by the
(ouncil of (ommon #nterests, the operating expenses of the station, which shall
98
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
99
3he following Article /B/./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 'otwithstanding the provisions of Article EF the net proceeds of the &ederal duty of excise on
natural gas levied at well*head and collected by the &ederal Dovernment, and of the royalty collected by the
&ederal Dovernment, shall not form part of the &ederal (onsolidated &und and shall be paid to the Province
in which the well*head of natural gas is situated-
include any sums payable as taxes, duties, interest or return on investment, and
depreciations and element of obsolescence, and over*heads, and provision for
reserves-
11$. P"i#" !anci#n #) P"e!iden # Bill! a))ecin& a+ai#n in -hich
P"#(ince! a"e ine"e!ed-'o 5ill or amendment which imposes or varies a tax
or duty the whole or part of the net proceeds whereof is assigned to any Province,
or which varies the meaning of the expression Cagricultural incomeC as defined for
the purpose of the enactments relating to income*tax, or which affects the
principles on which under any of the foregoing provisions of this (hapter moneys
are or may be distributable to Provinces, shall be introduced or moved in the
'ational Assembly except with the previous sanction of the President-
11*. P"#(incial a+e! in "e!pec #) p"#)e!!i#n!. ec- A Provincial Assembly
may by Act impose taxes, not exceeding such limits as may from time to time be
fixed by Act of $a"lis*e*hoora .Parliament0A, on persons engaged in professions,
trades, callings or employments, and no such Act of the Assembly shall be
regarded as imposing a tax on income-
MISCELLANEOUS FINANCIAL PRO?ISIONS
11,. :"an! #u #) C#n!#lidaed Fund- 3he &ederation or a Province may
make grants for any purpose, notwithstanding that the purpose is not one with
respect to which $a"lis*e*hoora .Parliament0A or, as the case may be, a
Provincial Assembly may make laws-
11/. E+e%pi#n #) ce"ain public p"#pe"0 )"#% a+ai#n- ./0 3he &ederal
Dovernment shall not, in respect of its property or income, be liable to taxation
under any Act of Provincial Assembly and, sub"ect to clause .20, a Provincial
Dovernment shall not, in respect of its property or income, be liable to taxation
under Act of $a"lis*e*hoora .Parliament0 or under Act of the Provincial Assembly
of any other Province-
.20 #f a trade or business of any kind is carried on by or on behalf of the
Dovernment of a Province outside that Province, that Dovernment may, in respect
of any property used in connection with that trade or business or any income
arising from that trade or business, be taxed under Act of $a"lis*e*hoora
.Parliament0 or under Act of the Provincial Assembly of the Province in which that
trade or business is carried on-
.70 'othing in this Article shall prevent the imposition of fees for services
rendered-
11/A. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en> # i%p#!e a+ #n he inc#%e #)
ce"ain c#"p#"ai#n!. ec-./0 &or the removal of doubt, it is hereby declared that
$a"lis*e*hoora .Parliament0 has, and shall be deemed always to have had, the
power to make a law to provide for the levy and recovery of a tax on the income of
a corporation, company or other body or institution established by or under a
&ederal law or a Provincial law or an existing law or a corporation, company or
other body or institution owned or controlled, either directly or indirectly, by the
&ederal Dovernment or a Provincial Dovernment, regardless of the ultimate
destination of such income-
.20 All orders made, proceedings taken and acts done by any authority
or person, which were made, taken or done, or purported to have been made,
taken or done, before the commencement of the (onstitution .Amendment0 9rder
/GF?, in exercise of the powers derived from any law referred to in clause ./0, or in
execution of any orders made by any authority in the exercise or purported
exercise of powers as aforesaid, shall, notwithstanding any "udgment of any court
or tribunal, including the upreme (ourt and a High (ourt, be deemed to be and
always to have been validly made, taken or done and*shall not be called in
!uestion in any court, including the upreme (ourt and a High (ourt, on any
ground whatsoever-
.70 <very "udgment or order of any court or tribunal, including the
upreme (ourt and a High (ourt, which is repugnant to the provisions of clause
./0 or clause .20 shall be, and shall be deemed always to have been, void and of
no effect whatsoever-
CHPTER $.9 BORROJIN: AN3 AU3IT
111. B#""#-in& b0 Fede"al :#(e"n%en- 3he executive authority of the
&ederation extends to borrowing upon the security of the &ederal (onsolidated
&un d within such limits, if any, as may from time to time be fixed by Act of $a"lis*
e*hoora .Parliament0, and to the giving of guarantees within such limits, if any, as
may be so fixed-
112. B#""#-in& b0 P"#(incial :#(e"n%en- ./0 ub"ect to the provisions of
this Article, the executive authority of a Province extends to borrowing upon the
security of the Provincial (onsolidated &und within such limits, if any, as may from
time to time be fixed by Act of the Provincial Assembly, and to the giving of
guarantees within such limits, if any, as may be so fixed-
.20 3he &ederal Dovernment may, sub"ect to such conditions, if any, as
it may think fit to impose, make loans to, or so long as any limits fixed under Article
/BB are not exceeded give guarantees in respect of loans raised by, any Province,
and any sums re!uired for the purpose of making loans to a Province shall be
charged upon the &ederal (onsolidated &und-
.70 A Province may not, without the consent of the &ederal Dovernment,
raise any loan if there is still outstanding any part of a loan made to the Province
by the &ederal Dovernment, or in respect of which guarantee has been given by
the &ederal Dovernment; and consent under this clause may be granted sub"ect to
such conditions, if any, as the &ederal Dovernment may think fit to impose-
/==
@.>0 A Province may raise domestic or international loan, or give
guarantees on the security of the Provincial (onsolidated &und within such
limits and sub"ect to such conditions as may be specified by the 'ational
<conomic (ouncil-A
Audi and Acc#un!
114. Audi#"9:ene"al #) Pa<i!an- ./0 3here shall be an Auditor*Deneral of
Pakistan, who shall be appointed by the President-
.20 5efore entering upon office, the Auditor*Deneral shall make before
the (hief +ustice of Pakistan oath in the form set out in the 3hird chedule-
/=/
@.70 3he Auditor*Deneral shall, unless he sooner resigns or is
removed from office in accordance with clause .?0, 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-;-
.7A0 3he other terms and conditions of service of the Auditor*Deneral shall
be determined by Act of $a"lis*e*hoora .Parliament0; and, until so determined, by
9rder of the President; andA
.>0 A person who has held office as Auditor*Deneral shall not be eligible
for further appointment in the service of Pakistan before the expiration of two years
after he has ceased to hold that office-
.?0 3he Auditor*Deneral shall not be removed from office except in the
like manner and on the like grounds as a +udge of the upreme (ourt-
.B0 At any time when the office of the Auditor*Deneral is vacant or the
Auditor*Deneral is absent or is unable to perform the functions of his office due to
100
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
101
3he following Article /BF.70 substituted I 7A inserted by the (onstitution .<ighteenth Amendment0 Act
/= of 2=/=-
.70 3he terms and conditions of service, including the term of office, of the Auditor*Deneral shall be
determined by Act of @$a"lis*e*hoora .Parliament0A and, until so determined, by 9rder of the President-
any cause,
/=2
@the President may appoint the most senior officer in the 9ffice of the
Auditor*Deneral toA act as Auditor*Deneral and perform the functions of that office-
115. Funci#n! and p#-e"! #) Audi#"9:ene"al-3he Auditor*Deneral shall, in
relation to*
.a0 the accounts of the &ederation and of the Provinces; and
.b0 the accounts of any authority or body established by the &ederation
or a Province, perform such functions and exercise such powers as
may be determined by or under Act ofL @$a"lis*e*hoora .Parliament0A
and, until so determined, by 9rder of the President-
126. P#-e" #) Audi#"9:ene"al # &i(e di"eci#n! a! # acc#un!- ./0 3he
accounts of the &ederation and of the Provinces shall be kept in such form and in
accordance with such principles and methods as the Auditor*Deneral may, with
the approval of the President, prescribe-
/=7
@.20 3he audit of the accounts of the &ederal and of the Provincial
Dovernments and the accounts of any authority or body established by, or
under the control of, the &ederal or a Provincial Dovernment shall be
conducted by the Auditor*Deneral, who shall determine the extent and nature
of such audit-A
121. Rep#"! #) Audi#"9:ene"al- 3he reports of the Auditor*Deneral relating
to the accounts of the &ederation shall be submitted to the President, who shall
cause them to be laid before
/=>
@both Houses of $a"lis*e*hoora .Parliament0A and
the reports of the Auditor*Deneral relating to the accounts of a Province shall be
submitted to the Dovernor of the Province, who shall cause them to be laid before
the Provincial Assembly-
CHAPTER *.9 PROPERTI. CONTRACTS. LIABILITIES AN3 SUITS.
12$. O-ne"le!! p"#pe"0-./0 Any property which has no rightful owner shall, if
located in a Province, vest in the Dovernment of that Province, and in every other
case, in the &ederal Dovernment-
.20 All lands, minerals and other things of value within the continental
shelf or underlying the ocean
/=?
@beyondA the territorial waters of Pakistan shall
vest in the &ederal Dovernment-
/=B
@.70 ub"ect to the existing commitments and obligations, mineral oil
and natural gas within the Province or the territorial waters ad"acent thereto
shall vest "ointly and e!ually in that Province and the &ederal Dovernment-A
12*. P#-e" # ac7ui"e p"#pe"0 and # %a<e c#n"ac!. ec- ./0 3he
executive authority of the &ederation and of a Province shall extend, sub"ect to any
Act of the appropriate 8egislature, to the grant, sale, disposition or mortgage of
any property vested in, and to the purchase or ac!uisition of property on behalf of,
the &ederal Dovernment or, as the case may be, the Provincial Dovernment, and
to the making of contracts-
.20 All property ac!uired for the purposes of the &ederation or of a
Province shall vest in the &ederal Dovernment or, as the case may be, in the
Provincial Dovernment-
.70 All contracts made in the exercise of the executive authority of the
&ederation or of a Province shall be expressed to be made in the name of the
President or, as the case may be, the Dovernor of the Province, and all such
contracts and all assurances of property made in the exercise of that authority
102
Words :such other person and the President may direct shall; substituted by the (onstitution .<ighteenth
Amendment0 Act /= of 2=/=-
103
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
104
Word :the 'ational Assembly; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
105
Word :within; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
106
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
shall be executed on behalf of the President or Dovernor by such persons and in
such manner as he may direct or authori)e-
.>0 'either the President, nor the Dovernor of a Province, shall be
personally liable in respect of any contract or assurance made or executed in the
exercise of the executive authority of the &ederation or, as the case may be, the
Province, nor shall any person making or executing any such contract or
assurance on behalf of any of them be personally liable in respect thereof-
.?0 3ransfer of land by the &ederal Dovernment or a Provincial
Dovernment shall be regulated by law-
12,. Sui! and p"#ceedin&!-3he &ederation may sue or be sued by the name
of Pakistan and a Province may sue or be sued by the name of the Province-
**********
PART ?II
THE DU3ICATURE
CHAPTER 1.9 THE COURTS
12/. E!abli!h%en and Du"i!dici#n #) C#u"!-./0 3here shall be a upreme
(ourt of Pakistan, a High (ourt for each Province
/=E
@and a High (ourt for the
#slamabad (apital 3erritory,A and such other courts as may be established by law-
/=F
@E+planai#nH99 Unless the context otherwise, the words :High (ourt;
wherever occurring in the constitution shall include :#slamabad High (outA
.20 'o court shall have any "urisdiction save as is or may be conferred
on it by the (onstitution or by or under any law-
.70 3he +udiciary shall be separated progressively from the <xecutive
within fourteen years from the commencing day-
165
A12/A. App#in%en #) Dud&e! # he Sup"e%e C#u". Hi&h C#u"! and
he Fede"al Sha"ia C#u"- ./0 3here shall be a +udicial (ommission of
Pakistan, hereinafter in this Article referred to as the (ommission, for
appointment of +udges of the upreme (ourt, High (ourts and the &ederal
hariat (ourt, as hereinafter provided-
.20 &or appointment of +udges of the upreme (ourt, the
(ommission shall consist ofN
.i0 (hief +ustice of Pakistan; (hairman
.ii0
//=
@fourA most senior +udges of the upreme (ourt;$embers
.iii0 a former (hief +ustice or a former +udge of $ember
the upreme (ourt of Pakistan to be nominated by the (hief
+ustice of Pakistan, in consultation with the
///
@fourA member
+udges, for a term of two years;
.iv0 &ederal $inister for 8aw and +ustice; $ember
.v0 Attorney*Deneral for Pakistan; and $ember
.vi0 a enior Advocate of the upreme (ourt of $ember
Pakistan nominated by the Pakistan 5ar (ouncil
for a term of two years-
107
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
108
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
109
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
110
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
111
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
.70 'otwithstanding anything contained in clause ./0 or clause .20,
the President shall appoint the most senior +udge of the upreme (ourt as
the (hief +ustice of Pakistan-
.>0 3he (ommission may make rules regulating its procedure-
.?0 &or appointment of +udges of a High (ourt, the (ommission in
clause .20 shall also include the following, namely4*
.i0 (hief +ustice of the High (ourt to which the $ember
appointment is being made;
.ii0 the most senior +udge of that High (ourt; $ember
.iii0 Provincial $inister for 8aw; and $ember
.iv0
//2
@an advocate having not less $ember
than fifteen years practice in the High (ourt to be nominated by
the concerned 5ar (ouncil for a term of two years;
Provided that for appointment of the (hief +ustice of a High (ourt the
most enior +udge mentioned in paragraph .ii0 shall not be member of the
(ommission4
Provided further that if for any reason the (hief +ustice of a High (ourt
is not available, he shall substituted by a former (hief +ustice or former
+udge of the (ourt, to be nominated by the (hief +ustice of Pakistan in
consultation with the four member +udges of the (ommission mentioned in
paragraph .ii0 of clause .20-A
.B0 &or appointment of +udges of the #slamabad High (ourt, the
(ommission in clause .20 shall also include the following, namely4*
.i0 (hief +ustice of the #slamabad High (ourt; and $ember
.ii0 the most senior +udge of that High (ourt; $ember
Provided that for initial appointment of the
//7
@(hief +ustice and theA
+udges of the #slamabad High (ourt, the (hief +ustices of the four Provincial
High (ourts shall also be members of the (ommission4
Provided further that sub"ect to the foregoing proviso, in case of
appointment of (hief +ustice of #slamabad High (ourt, the provisos to clause
.?0 shall, mutatis mutan!is, apply-
.E0 &or appointment of +udges of the &ederal hariat (ourt, the
(ommission in clause .20 shall also include the (hief +ustice of the &ederal
hariat (ourt and the most senior +udge of that (ourt as its members4
Provided that for appointment of (hief +ustice of &ederal hariat (ourt,
the provisos to clause .?0 shall, mutatis mutan!is, apply-
.F0 3he (ommission by ma"ority of its total membership shall
nominate to the Parliamentary (ommittee one person, for each vacancy of a
+udge in the upreme (ourt, a High (ourt or the &ederal hariat (ourt, as
the case may be;
.G0 3he Parliamentary (ommittee, hereinafter in this Article referred
to as the (ommittee, shall consist of the following eight members, namely4*
.i0 four members from the enate; and
112
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
113
#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
.ii0 four members from the 'ational Assembly
//>
@4
Provided that when the 'ational Assembly is dissolved, the total
membership of the Parliamentary (ommittee shall consist of the members
from the enate only mentioned in paragraph .i0 and the provisions of this
Article shall, mutatis mutan!is, reply-A
./=0 9ut of the eight members of the (ommittee, four shall be from
the 3reasury 5enches, two from each House and four from the 9pposition
5enches, two from each House- 3he nomination of members from the
3reasury 5enches shall be made by the 8eader of the House and from the
9pposition 5enches by the 8eader of the 9pposition-
.//0 ecretary, enate shall act as the ecretary of the (ommittee-
./20 3he (ommittee on receipt of a nomination from the (ommission
may confirm the nominee by ma"ority of its total membership within fourteen
days, failing which the nomination shall be deemed to have been confirmed4
//?
@Provided that the (ommittee, for reasons to be recorded may not be
confirm the nomination by three*fourth ma"ority of its total membership within
the said period, and,A
//B
@Provided further that if a nomination is not confirmed by the
(ommittee it shall forward its decision with reasons so recorded to the
(ommission through the Prime $inister4
Provided further that if a nomination is not confirmed, the (ommission
shall send another nomination-A
./70
//E
@3he (ommittee shall send the name of the nominee
confirmed by it or deemed to have been confirmed to the Prime $inister who
shall forward the same to the President for appointmentA
./>0 'o action or decision taken by the (ommission or a (ommittee
shall be invalid or called in !uestion only on the ground of the existence of a
vacancy therein or of the absence of any member from any meeting thereof-
//F
@./?0 3he meetings of the (ommittee shall be held in camera and the
record of its proceedings shall be maintained-
./B0 3he provisions of Article BF shall not apply to the proceedings of
the (ommittee-A
./E0 3he (ommittee may make rules for regulating its procedure-A
CHAPTER $.9 THE SUPREME COURT OF PAKISTAN
121. C#n!iui#n #) Sup"e%e C#u"- 3he upreme (ourt shall consist of a
(hief +ustice to be known as the (hief +ustice of Pakistan and so many other
+udges as may be determined by Act of $a"lis*e*hoora.Parliament0 or, until so
determined, as may be fixed by the President-
122. App#in%en #) Sup"e%e C#u" Dud&e!-
//G
@./0 3he (hief +ustice of
Pakistan and each of the other +udges of the upreme (ourt shall be
appointed by the President in accordance with Article /E?A-A
114
#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
115
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
116
Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
117
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
118
#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
119
3he following Article /EE./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 3he (hief +ustice of Pakistan shall be appointed by the President, and each of the other +udges
shall be appointed by the President after consultation with the (hief +ustice-
.20 A person shall not be appointed a +udge of the upreme (ourt
unless he is a citi)en of Pakistan and*
.a0 has for a period of, or for periods aggregating, not less than five
years been a "udge of a High (ourt .including a High (ourt which
existed in Pakistan at any time before the commencing day0; or
.b0 has for a period of, or for periods aggregating not less than fifteen
years been an advocate of a High (ourt .including a High (ourt
which existed in Pakistan at any time before the commencing day0-
124. Oah #) O))ice.9 5efore entering upon office, the (hief +ustice of Pakistan
shall make before the President, and any other +udge of the upreme (ourt shall
make before the (hief +ustice, oath in the form set out in the 3hird chedule-
125. Rei"in& A&e- A "udge of the upreme (ourt 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 (onstitution-
146. Acin& Chie) Du!ice-At any time when*
.a0 the office of (hief +ustice of Pakistan is vacant; or
.b0 the (hief +ustice of Pakistan is absent or is unable to perform the
functions of his office due to any other cause,
the President shall appoint the most senior of the other +udges of the
upreme (ourt to act as (hief +ustice of Pakistan-
141. Acin& Dud&e!-./0 At any time when*
.a0 the office of a +udge of the upreme (ourt is vacant; or
.b0 a +udge of the upreme (ourt is absent or is unable to perform the
functions of his office due to any other cause, the President may, in
the manner provided in clause ./0 of Article /EE, appoint a +udge of
a High (ourt who is !ualified for appointment as a +udge of the
upreme (ourt to act temporarily as a +udge of the upreme (ourt-
E+planai#n.9#n this clause, L+udge of a High (ourtL includes a person who
has retired as a +udge of a High (ourt-
.20 An appointment under this Article shall continue in force until it is
revoked by the President-
14$. App#in%en #) ad h#c Dud&e!-#f at any time it is not possible for want
of !uorum of +udges of the upreme (ourt to hold or continue any sitting of the
(ourt, or for any other reason it is necessary to increase temporarily the number of
+udges of the upreme (ourt, the (hief +ustice of Pakistan
/2=
@, in consultation
with the +udicial (ommission as provided in clause .20 of Article /E? A,A may, in
writing,*
.a0 with the approval of the President, re!uest any person who has held
the office of a +udge of that (ourt and since whose ceasing to hold
that office three years have not elapsed; or
.b0 with the approval of the President and with the consent of the (hief
"ustice of a High (ourt, re!uire a +udge of that (ourt !ualified for
appointment as a "udge of the upreme (ourt,
to attend sittings of the upreme (ourt as an ad hoc +udge for such period
as may be necessary and while so attending an ad hoc +udge shall have
the same power and "urisdiction as a +udge of the upreme (ourt-
14*. Sea #) he Sup"e%e C#u"- ./0 3he permanent seat of the upreme
(ourt shall, sub"ect to clause .70, be at #slamabad-
120
#nserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
.20 3he upreme (ourt may from time to time to time sit in such other
places as the (hief +ustice of Pakistan, with the approval of the President, may
appoint-
.70 Until provision is made for establishing the upreme (ourt at
#slamabad, the seat of the (ourt shall be at such place as the President may
appoint-
14,. O"i&inal Du"i!dici#n #) Sup"e%e C#u"-./0 3he upreme (ourt shall, to
the exclusion of every other court, have original "urisdiction in any dispute between
any two or more Dovernments-
E+planai#n.9 #n this clause, CDovernmentsC means the &ederal
Dovernment and the Provincial Dovernments-
.20 #n the exercise of the "urisdiction conferred on it by clause ./0, the
upreme (ourt shall pronounce declaratory "udgments only-
.70 Without pre"udice to the provisions of Article /GG, the upreme (ourt
shall, if it considers that a !uestion of public importance with reference to the
enforcement of any of the &undamental 1ights conferred by (hapter # of Part ## is
involved have the power to make an order of the nature mentioned in the said
Article-
14/. Appellae Du"i!dici#n #) Sup"e%e C#u"-./0 ub"ect to this Article, the
upreme (ourt shall have "urisdiction to hear and determine appeals from
"udgments, decrees, final orders or sentences of a High (ourt-
.20 An appeal shall lie to the upreme (ourt from any "udgment, decree,
final order or sentence*
.a0 if the High (ourt has on appeal reversed an order of ac!uittal of an
accused person and sentenced him to death or to transportation for
life or imprisonment for life; or, on revision, has enhanced a sentence
to a sentence as aforesaid; or
.b0 if the High (ourt has withdrawn for trial before itself any case from
any court subordinate to it and has in such trial convicted the
accused person and sentenced him as aforesaid; or
.c0 if the High (ourt has imposed any punishment on any person for
contempt of the High (ourt; or
.d0 if the amount or value of the sub"ect matter of the dispute in the court
of first instance was, and also in dispute in appeal is, not less than
fifty thousand rupees or such other sum as may be specified in that
behalf by Act of $a"lis*e*hoora.Parliament0 and the "udgment,
decree or final order appealed from has varied or set aside the
"udgment, decree or final order of the court immediately below; or
.e0 if the "udgment, decree or final order involves directly or indirectly
some claim or !uestion respecting property of the like amount or
value and the "udgment, decree or final order appealed from has
varied or set aside the "udgment, decree or final order of the court
immediately below; or
.f0 if the High (ourt certifies that the case involves a substantial
!uestion of law as to the interpretation of the (onstitution-
.70 An appeal to the upreme (ourt from a "udgment, decree, order or
sentence of a High (ourt in a case to which clause .20 does not apply shall lie only
if the upreme (ourt grants leave to appeal-
141. Ad(i!#"0 Du"i!dici#n-./0 #f, at any time, the President considers that it is
desirable to obtain the opinion of the upreme (ourt on any !uestion of law which
he considers of public importance, he may refer the !uestion to the upreme
(ourt for consideration-
.20 3he upreme (ourt shall consider a !uestion so referred and report
its opinion on the !uestion to the President-
141A. P#-e" #) Sup"e%e C#u" # T"an!)e" Ca!e!- ./0 3he upreme (ourt
may, if it considers it expedient to do so in the interest of "ustice, transfer any case,
appeal or other proceedings pending before any High (ourt to any other High
(ourt or withdraw any ease, appeal or other proceeding pending before a High
(ourt to it and dispose of the same-
142- I!!ue and E+ecui#n #) P"#ce!!e! #) Sup"e%e C#u"- ./0 ub"ect to
clause .20 of Article /E?, theA upreme (ourt shall have power to issue such
directions, orders or decrees as may be necessary for doing complete "ustice in
any case or matter pending before it, including an order for the purpose of
securing the attendance of any person or the discovery or production of any
document-
.20 Any such direction, order or decree shall be enforceable throughout
Pakistan and shall, where it is to be executed in a Province, or a territory or an
area not forming part of a Province but within the "urisdiction of the High (ourt of
the Province, be executed as if it had been issued by the High (ourt of that
Province-
.70 #f a !uestion arises as to which High (ourt shall give effect to a
direction, order or decree of the upreme (ourt, the decision of the upreme
(ourt on the !uestion shall be final-
144. Re(ie- #) Dud&%en! #" O"de"! b0 he Sup"e%e C#u"-3he upreme
(ourt shall have power, sub"ect to the provisions of any Act of $a"lis*e*hoora
.Parliament0 and of any rules made by the upreme (ourt, to review any "udgment
pronounced or any order made by it-
145. 3eci!i#n! #) Sup"e%e C#u" bindin& #n #he" C#u"!-Any decision of
the upreme (ourt shall, to the extent that it decides a !uestion of law or is based
upon or enunciates a principle of law, be binding on all other courts in Pakistan-
156. Aci#n in aid #) Sup"e%e C#u"- All executive and "udicial authorities
through out Pakistan shall act in aid of the upreme (ourt-
151. Rule! #) P"#cedu"e- ub"ect to the (onstitution and law, the upreme
(ourt may make rules regulating the practice and procedure of the (ourt-
CHAPTER *.9 THE HI:H COURTS
15$. C#n!iui#n #) Hi&h C#u"- ./0 A High (ourt shall consist of a (hief
+ustice and so many other +udges as may be determined by law or, until so
determined, as may be fixed by the President-
.20 3he indh and 5alochistan High (ourt shall cease to function as a
common High (ourt for the Provinces of 5alochistan and indh-
.70 3he President shall, by 9rder, establish a High (ourt for each of the
Provinces of 5alochistan and indh and may make such provision in the 9rder for
the principal seats of the two High (ourts, transfer of the +udges of the common
High (ourt, transfer of cases pending in the common High (ourt immediately
before the establishment of two High (ourts and, generally, for matters
conse!uential or ancillary to the common High (ourt ceasing to function and the
establishment of the two High (ourts as he may deem fit-
.>0 3he "urisdiction of a High (ourt may, by Act of $a"lis*e*hoora
.Parliament0, be extended to any area in Pakistan not forming part of a Province-
15*. App#in%en #) Hi&h C#u" Dud&e!-
/2/
@./0 3he (hief +ustice and each
of other +udges of a High (ourt shall be appointed by the President in
accordance with Article /E?A-A
.20 A person shall not be appointed a +udge of a High (ourt unless he is
a citi)en of Pakistan, is not less than
/22
@forty*fiveA years of age, and*
.a0 he has for a period of, or for periods aggregating, not less than ten
years been an advocate of a High (ourt .including a High (ourt
which existed in Pakistan at any time before the commencing day0;
or
.b0 he is, and has for a period of not less than ten years been, a member
of a civil service prescribed by law for the purposes of this
paragraph, and has, for a period of not less than three years, served
as or exercised the functions of a ,istrict +udge in Pakistan; or
.c0 he has, for a period of not less than ten years, held a "udicial office in
Pakistan-
E+planai#n.9 #n computing the period during which a person has been an
advocate of a High (ourt or held "udicial office, there shall be included any period
during which he has held "udicial office after he became an advocate or, as the
case may be, the period during which he has been an advocate after having held
"udicial office-
.70 #n this Article, C,istrict +udgeC means +udge of a principal civil court
of original "urisdiction-
15,. Oah #) O))ice- 5efore entering upon office, the (hief +ustice of a High
(ourt shall make before the Dovernor, and any other +udge of the (ourt shall
make before the (hief +ustice, oath in the form set out in the 3hird chedule4
/27
@Provided that the (hief +ustice of the #slamabad High (ourt shall
make oath before the President and other +udges of that (ourt shall make
oath before the (hief +ustice of the #slamabad High (ourt-A
15/. Rei"in& A&e- A "udge of the High (ourt 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 (onstitution-
151. Acin& Chie) Du!ice-At any time when*
.a0 the office of (hief +ustice of a High (ourt is vacant, or
.b0 the (hief +ustice of a High (ourt is absent or is unable to perform
the functions of his office due to any other cause, the President shall
appoint one of the other +udges of the High (ourt, or may re!uest
one of the +udges of the upreme (ourt, to act as (hief +ustice-
152. Addii#nal Dud&e!-At any time when*
.a0 the office of a +udge of a High (ourt is vacant; or
.b0 a +udge of a High (ourt is absent or is unable to perform the
functions of his office due to any other cause; or
.c0 for any reason it is necessary to increase the number of +udges of a
High (ourt, the President may, in the manner provided in clause ./0
121
3he following Article /G7./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 A +udge of a High (ourt shall be appointed by the President after consultation*
.a0 with the (hief +ustice of Pakistan;
.b0 with the Dovernor concerned; and
except where the appointment is that of (hief +ustice, with the (hief +ustice of the High
(ourt4
Provided that in case of appointment of a "udge of the High (ourt for the #slamabad (apital
3erritory, consultation with the Dovernor shall not be re!uired-
122
Word :forty; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
123
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
of Article /G7, appoint a person !ualified for appointment as a +udge
of the High (ourt to be Additional +udge of the (ourt for such period
as the President may determine, being a period not exceeding such
period, if any, as may be prescribed by law-
154. Sea #) he Hi&h C#u"- ./0 <ach High (ourt in existence immediately
before the commencing day shall continue to have its principal seat at the place
where it had such seat before that day-
/2>
@./A0 3he High (ourt for #slamabad (apital 3erritory shall have its
principal seat at #slamabadA
.20 <ach High (ourt and the +udges and divisional courts thereof shall
sit at its principal seat and the seats of its 5enches and may hold, at any place
within its territorial "urisdiction, circuit courts consisting of such of the +udges as
may be nominated by the (hief +ustice-
.70 3he 8ahore High (ourt shall have a 5ench each at 5ahawalpur,
$ultan and 1awalpindi; the High (ourt of indh shall have a 5ench at ukkur; the
Peshawar High (ourt shall have a 5ench each at Abbottabad
/2?
@, $ingoraA and
,era #smail 6han and the High (ourt of 5alochistan shall have a 5ench at ibi
/2B
@and 3urbatA-
.>0 <ach of the High (ourts may have 5enches at such other places as
the Dovernor may determine on the advice of the (abinet and in consultation with
the (hief +ustice of the High (ourt-
.?0 A 5ench referred in clause .70, or established under clause .>0, shall
consist of such of the +udges of the High (ourt as may be nominated by the (hief
+ustice from time to time for a period of not less than one year-
.B0 3he Dovernor in consultation with the (hief +ustice of the High (ourt
shall make rules to provide the following matters, that is to say,*
.a0 assigning the area in relation to which each 5ench shall exercise
"urisdiction vested in the High (ourt; and
.b0 for all incidental, supplemental or conse!uential matters-
155. Du"i!dici#n #) Hi&h C#u"-./0 ub"ect to the (onstitution, a High (ourt
may, if it is satisfied that no other ade!uate remedy is provided by law,*
.a0 on the application of any aggrieved party, make an order*
.i0 directing a person performing, within the territorial "urisdiction
of the (ourt, functions in connection with the affairs of the
&ederation, a Province or a local authority, to refrain from
doing anything he is not permitted by law to do, or to do
anything he is re!uired by law to do; or
.ii0 declaring that any act done or proceeding taken within the
territorial "urisdiction of the (ourt by a person performing
functions in connection with the affairs of the &ederation, a
Province or a local authority has been done or taken without
lawful authority and is of no legal effect; or
.b0 on the application of any person, make an order*
.i0 directing that a person in custody within the territorial
"urisdiction of the (ourt be brought before it so that the (ourt
may satisfy itself that he is not being held in custody without
lawful authority or in an unlawful manner; or
.ii0 re!uiring a person within the territorial "urisdiction of the (ourt
holding or purporting to hold a public office to show under
what authority of law he claims to hold that office; or
124
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
125
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
126
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.c0 on the application of any aggrieved person, make an order giving
such directions to any person or authority, including any Dovernment
exercising any power or performing any function in, or in relation to,
any territory within the "urisdiction of that (ourt as may be
appropriate for the enforcement of any of the &undamental 1ights
conferred by (hapter / of Part ##-
.20 ub"ect to the (onstitution, the right to move a High (ourt for the
enforcement of any of the &undamental 1ights conferred by (hapter / of Part ##
shall not be abridged-
.70 An order shall not be made under clause ./0 on application made by
or in relation to a person who is a member of the Armed &orces of Pakistan, or
who is for the time being sub"ect to any law relating to any of those &orces, 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 &orces of Pakistan or as a person sub"ect to such law-
.>0 Where*
.a0 an application is made to a High (ourt for an order under paragraph
.a0 or paragraph .c0 of clause ./0, and
.b0 the making of an interim order would have the effect of pre"udicing or
interfering with the carrying out of a public work or of otherwise being
harmful to public interest or tate property or of impeding the
assessment or collection of public revenues,
the (ourt shall not make an interim order unless the prescribed law
officer has been given notice of the application and he or any person
authorised by him in that behalf has had an opportunity of being
heard and the (ourt, for reasons to be recorded in writing, is
satisfied that the interim order*
.i0 would not have such effect as aforesaid; or
.ii0 would have the effect of suspending an order or proceeding
which on the face of the record is without "urisdiction-
/2E
@.>A0 An interim order made by a High (ourt on an application made
to it to !uestion 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 # of the &irst chedule or relates to, or is connected with,
tate 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 made4
Provided that the matter shall be finally decided by the High (ourt
within six months from the date on which the interim order is made-A
.?0 #n this Article, unless the context otherwise re!uires,*
CpersonC includes any body politic or corporate, any authority of or under
the control of the &ederal Dovernment or of a Provincial Dovernment, and any
(ourt or tribunal, other than the upreme (ourt, a High (ourt or a (ourt or tribunal
established under a law relating to the Armed &orces of Pakistan; and
Cprescribed law officerC means
127
3he following Article /GG.>A0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
@.>A0 An interim order made by a High (ourt on an application made to it to !uestion 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
# of the &irst chedule or relates to, or is connected with, tate 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 (ourt within six months from
the date on which the interim order is made-
.a0 in relation to an application affecting the &ederal Dovernment
or an authority of or under the control of the &ederal
Dovernment, the Attorney*Deneral, and
.b0 in any other case, the Advocate*Deneral for the Province in
which the application is made-
$66. T"an!)e" #) Hi&h C#u" Dud&e!-./0 3he President may transfer a +udge
of a High (ourt from one High (ourt to another High (ourt, but no +udge shall be
so transferred except with his consent and after consultation by the President with
the (hief +ustice of Pakistan and the (hief +ustices of both High (ourts4
/2F
@HHHA
E+planai#n.9 #n this Article, C+udgeC does not include a (hief +ustice but
includes a +udge for the time being acting as (hief +ustice of a High (ourt other
than a +udge of the upreme (ourt acting as such in pursuance of a re!uest
made under paragraph .b0 of Article /GB-
.20 Where a +udge is so transferred or is appointed to an office other
than the principal seat of the High (ourt, he shall, during the period for which he
serves as a "udge of the High (ourt to which he is transferred, or holds such other
office, be entitled to such allowances and privileges, in addition to his salary, as
the President may, by 9rder, determine-
.70 #f at any time it is necessary for any reason to increase temporarily
the number of +udges of a High (ourt, the (hief +ustice of that (ourt may re!uire
a +udge of any other High (ourt to attend sittings of the former High (ourt for such
period as may be necessary and, while so attending the sittings of the High (ourt,
the +udge shall have the same power and "urisdiction as a +udge of that High
(ourt4
Provided that a +udge shall not be so re!uired except with his consent and
the approval of the President and after consultation with the (hief +ustice of
Pakistan and the (hief +ustice of the High (ourt of which he is a +udge-
E+planai#n.9 #n this Article, CHigh (ourtC includes a 5ench of a High (ourt-
/2G
.>0 @HHHA
$61. 3eci!i#n #) Hi&h C#u" bindin& #n Sub#"dinae C#u"!- ub"ect to
Article /FG, any decision of a High (ourt shall, to the extent that it decides a
!uestion of law or is based upon or enunciates a principle of law, be binding on all
courts subordinate to it-
$6$. Rule! #) P"#cedu"e- ub"ect to the (onstitution and law, a High (ourt
may make rules regulating the practice and procedure of the (ourt or of any court
subordinate to it-
$6*. Hi&h C#u" # !upe"inend Sub#"dinae C#u"!- <ach High (ourt shall
supervise and control all courts subordinate to it-
CHAPTER *A.9FE3ERAL SHARIAT COURT
$6*A- P"#(i!i#n! #) Chape" # #(e""ide #he" P"#(i!i#n! #) C#n!iui#n-
3he provisions or this (hapter shall have effect notwithstanding anything
contained in the (onstitution-
128
3he following proviso of Article 2==./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
Provided that such consent, or consultation with the (hief +ustices of the High (ourts, shah not be
necessary if such transfer is for a period not exceeding two years at a time-
129
3he following Article 2==.>0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.>0 A +udge of a High (ourt who does not accept transfer to another High (ourt under clause
./0 shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a
pension calculated on the basis of the length of his service as +udge and total service, if any, in the service
of Pakistan-
$6*B. 3e)inii#n!- #n this (hapter, unless there is anything repugnant in the
sub"ect or context,*
.a0 C(hief +usticeC means, (hief +ustice of the (ourt;
.b0 C(ourtC means the &ederal hariat (ourt constituted in pursuance of
Article 2=7(;
.bb0 C"udgeC means "udge of the (ourt;
.c0 ClawC includes any custom or usage having the force of law but does
not include the (onstitution, $uslim personal law, any law relating to
the procedure of any (ourt or tribunal or, until the expiration of ten
years from the commencement of this (hapter, any fiscal law or any
law relating to the levy and collection of taxes and fees or banking or
insurance practice and procedure; and
$6*C. The Fede"al Sha"ia C#u"-./0 3here shall be constituted for the purposes
of this (hapter a court to be called the &ederal hariat (ourt-
.20 3he (ourt shall consist of not more than eight $uslim +udges,
including the (hief +ustice, to be appointed by the President
/7=
@in accordance with
Article /E?A-
.70 3he (hief +ustice shall be a person who is, or has been, or is
!ualified, to be, a +udge of the upreme (ourt or who is or has been a permanent
+udge of a High (ourt-
.7A0 9f the +udges, not more than four shall be persons each one of
whom is, or has been, or is !ualified to be, a +udge of a High (ourt and not more
than three shall be ulema
/7/
@having at least fifteen years experience in #slamic law,
research or instruction-A
.>0 3he (hief +ustice and a +udge shall hold office for a period not
exceeding three years, but may be appointed for such further term or terms as the
President may determine4
Provided that a +udge of a High (ourt shall not be appointed to be a +udge
/72
@HHA except with his consent and

except where the +udge is, himself the (hief
+ustice, after consultation by the President with the (hief +ustice of the High
(ourt-
.>A0 3he (hief +ustice, if he is not a +udge of the upreme (ourt, and a
+udge who is not a +udge of a High (ourt, may, by writing under his hand
addressed to the President, resign his office-
/77
@.>50 3he (hief +ustice and a +udge shall not be removed from office
except in the like manner and on the like grounds as a +udge of the upreme
(ourt-A
.>(0
/7>
@HHHA
130
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
131
Word :who are well*versed in #slamic law; substituted by the (onstitution .<ighteenth Amendment0 Act
/= of 2=/=-
132
Word :for a period exceeding two years; omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
133
3he following Article 2=7(.>50 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.>50 3he President may, at any time, by order in writing,
.a0 modify the term of appointment of a +udge;
.b0 assign to a +udge any other office; and
.c0 re!uire a +udge to perform such other functions as the President may deem fit; and pass
such other order as he may consider appropriate-
E+planai#nH #n this clause and clause .>(0, C+udgeC includes (hief +ustice-
134
3he following Article 2=7.(0.>(0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.>(0 While he is performing the functions which he is re!uired under clause .>50 to perform or
holding any other office assigned to him under that clause, a +udge shall be entitled to the same salary,
allowances and privileges as are admissible to the (hief +ustice or, as the case may be, +udge of the (ourt-
.?0
/7?
@HHHHA
.B0 3he Principal seat of the (ourt shall be at #slamabad, but (ourt may
from time to time sit in such other places in Pakistan as the (hief +ustice may, with
the approval of the President, appoint-
.E0 5efore entering upon office, the (hief +ustice and a +udge shall
make before the President or a person nominated by him oath in the form set out
in the 3hird chedule-
.F0 At any time when the (hief +ustice or a +udge is absent or is unable
to perform the functions of his office, the President shall appoint another person
!ualified for the purpose to act as (hief +ustice or, as the case may be, +udge-
/7B
@.G0 A (hief +ustice who is not a +udge of the upreme (ourt shall be
entitled to the same remuneration, allowances and privileges as are
admissible to a +udge of the upreme (ourt and a +udge who is not a +udge
of a High (ourt shall be entitled to the same remuneration, allowances and
privileges as are admissible to a +udge of a High (ourt4
Provided that where a +udge 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-A
$6*CC @HHHA
$6*3. P#-e"!. Du"i!dici#n and Funci#n! #) he C#u"- ./0 3he (ourt may,
either of its own motion or on the petition of a citi)en of Pakistan or the &ederal
Dovernment or a Provincial Dovernment, examine and decide the !uestion
whether or not any law or provision of law is repugnant to the in"unctions of #slam,
as laid down in the Holy %uran and unnah of the Holy Prophet .P5UH0,
hereinafter referred to as the #n"unctions of #slam-
./A0 Where the (ourt takes up the examination of any law or provision of
law under clause ./0 and such law or provision of law appears to it to be repugnant
to the #n"unctions of #slam, the (ourt shall cause to be given to the &ederal
Dovernment in the case of a law with respect to a matter in the &ederal 8egislative
8ist
/7E
@HHHA, or to the Provincial Dovernment in the case of a law with respect to a
matter not enumerated
/7F
@in the &ederal 8egislative 8istA, a notice specifying the
particular provisions that appear to it to be so repugnant, and afford to such
Dovernment ade!uate opportunity to have its point of view placed before the
(ourt-
.20 #f the (ourt decides that any law or provision of law is repugnant to
the #n"unctions of #slam, it shall set out in its decision4*
.a0 the reasons for its holding that opinion; and
.b0 the extent to which such law or provision is so repugnant; and
specify the day on which the decision shall take effect4
135
3he following Article 2=7.(0.?0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.?0 A +udge of a High (ourt who does not accept appointment as a +udge shall be deemed to
have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the
basis of the length of his service as +udge and total service, if any, in the service of Pakistan-
136
3he following Article 2=7.>(0.G0 substituted and shall be deemed always to have been so substituted
wef 2/*=F*2==2 by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.G0 A @(hief +usticeA who is not a +udge of the upreme (ourt shall be entitled to the same
remuneration, allowances and privileges as are admissible to a +udge of the upreme (ourt and a
+udge who is not a +udge of a High (ourt shall be entitled to the same remuneration, allowances
and privileges as are admissible to a +udge of a High (ourt4
Provided that where a +udge 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-
137
Word :or the (oncurrent 8egislative 8ist; omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
138
Word :in either of those 8ists; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
Provided that no such decision shall be deemed to take effect before the
expiration of the period within which an appeal therefrom may be preferred to the
upreme (ourt or, where an appeal has been so preferred, before the disposal of
such appeal-
.70 #f any law or provision of law is held by the (ourt to be repugnant to
the #n"unctions of #slam,*
.a0 the President in the case of a law with respect to a matter in the
&ederal 8egislative 8ist or the (oncurrent 8egislative 8ist, or the
Dovernor in the case of a law with respect to a matter not
enumerated in either of those 8ists, shall take steps to amend the
law so as to bring such law or provision into conformity with the
#n"unctions of #slam; and
.b0 such law or provision shall, to the extent to which it is held to be so
repugnant, cease to have effect on the day on which the decision of
the (ourt takes effect-
$6*33. Re(i!i#n and #he" Du"i!dici#n #) he C#u"- ./0 3he (ourt may call
for and examine the record of any case decided by any criminal court under any
law relating to the enforcement of Hudood for the purpose of satisfying itself as to
the correctness, legality or propriety of any finding, sentence or order recorded or
passed by, and as to the regularity of any proceedings of, such court and may,
when calling for such record, direct that the execution of any sentence be
suspended and, if the accused is in confinement, that he be released on bail or on
his own bond pending the examination of the record-
.20 #n any case the record of which has been called for by the (ourt, the
(ourt may pass such order as it may deem fit and may enhance the sentence4
Provided that nothing in this Article shall be deemed to authori)e the (ourt
to convert a finding of ac!uittal into one of conviction and no order under this
Article shall be made to the pre"udice of the accused unless he has had an
opportunity of being heard in his own defence-
.70 3he (ourt shall have such other "urisdiction as may be conferred on
it by or under any law-
$6*E P#-e"! and P"#cedu"e #) he C#u"- ./0 &or the purposes of the
performance of its functions, the (ourt shall have the powers of a civil court trying
a suit under the (ode of (ivil Procedure, /G=F .Act P of /G=F0, in respect of the
following matters, namely4*
.a0 summoning and enforcing the attendance of any person and
examining him on oath;
.b0 re!uiring the discovery and production of any document;
.c0 receiving evidence on affidavits; and
.d0 issuing commissions for the examination of witnesses or documents-
.20 3he (ourt shall have power to conduct its proceedings and regulate
its procedure in all respects as it deems fit-
.70 3he (ourt shall have the power of a High (ourt to punish its own
contempt-
.>0 A party to any proceedings before the (ourt under clause ./0 of
Article 2=7, may be represented by a legal practitioner who is a $uslim and has
been enrolled as an advocate of a High (ourt for a period of not less than five
years or as an advocate of the upreme (ourt or by a "urisconsult selected by the
party from out of a panel of "urisconsults maintained by the (ourt for the purpose-
.?0 &or being eligible to have his name borne on the panel of
"urisconsults referred to in clause .>0, a person shall be an Aalim who, in the
opinion of the (ourt, is well*versed in hariat-
.B0 A legal practitioner or "urisconsult representing a party before the
(ourt shall not plead for the party but shall state, expound and interpret the
#n"unctions of #slam relevant to the proceedings so far as may be known to him
and submit to the (ourt a written statement of his interpretation of such #n"unctions
of #slam-
.E0 3he (ourt may invite any person in Pakistan or abroad whom the
(ourt considers to be well*versed in #slamic law to appear before it and render
such assistance as may be re!uired of him-
.F0 'o court fee shall be payable in respect of any petition or application
made to the (ourt under Article 2=7,-
.G0 3he (ourt shall have power to review any decision given or order
made by it-
$6*F Appeal # Sup"e%e C#u"- ./0 Any party to any proceedings before the
(ourt under Article 2=7, aggrieved by the final decision of the (ourt in such
proceedings may, within sixty days of such decision, prefer an appeal to the
upreme (ourt4
Provided that an appeal on behalf of the &ederation or of a Province may
be preferred within six months of such decision-
.20 3he provisions of clauses .20 and .70 of Article 2=7, and clauses .>0
to .F0 of Article 2=7< shall apply to and in relation to the upreme (ourt as if
reference in those provisions to (ourt were a reference to the upreme (ourt-
.2A0 An appeal shall lie to the upreme (ourt from any "udgment, final
order or sentence of the &ederal hariat (ourt*
.a0 if the &ederal hariat (ourt has on appeal reversed an order of
ac!uittal of an accused person and sentenced him to death or
imprisonment for life or imprisonment for a term exceeding fourteen
years; or, on revision, has enhanced a sentence as aforesaid; or
.b0 if the &ederal hariat (ourt has imposed any punishment on any
person for contempt of the (ourt-
.250 An appeal to the upreme (ourt from a "udgment, decision, order or
sentence of the &ederal hariat (ourt in a case to which the preceding clauses do
not apply shall lie only if the upreme (ourt grants leave to appeal-
.70 &or the purpose of the exercise of the "urisdiction conferred by this
Article, there shall be constituted in the upreme (ourt a 5ench to be called the
hariat Appellate 5ench and consisting of,
.a0 three $uslim +udges of the upreme (ourt; and
.b0 not more than two Ulema to be appointed by the President to attend
sittings of the 5ench as ad*hoc members thereof from amongst the
+udges of the &ederal hariat (ourt or from out of a panel of Ulema
to he drawn up by the President in consultation with the (hief
+ustice-
.>0 A person appointed under paragraph .b0 of clause .70 shall hold
office for such period as the President may determine-
.?0 1eference in clauses ./0 and .20 to upreme (ourt shall be
construed as a reference to the hariat Appellate 5ench-
.B0 While attending sittings of the hariat Appellate 5ench, a person
appointed under paragraph .b0 of clause .70 shall have the same power and
"urisdiction, and be entitled to the same privileges, as a +udge of the upreme
(ourt and be paid such allowances as the President may determine-
$6*:. Ba" #) Du"i!dici#n-ave as provided in Article 2=7&, no court or tribunal,
including the upreme (ourt and a High (ourt, shall entertain any proceeding or
exercise any power or "urisdiction in respect of any matter within the power or
"urisdiction of the (ourt-
$6*::. 3eci!i#n #) C#u" bindin& #n Hi&h C#u" and C#u"! !ub#"dinae #
i-ub"ect to Article 2=7, and 2=7&, any decision of the (ourt in the exercise of
its "urisdiction under this (hapter shall be binding on a High (ourt and on all
courts subordinate to a High (ourt-
$6*H. Pendin& p"#ceedin&! # c#ninue. ec-./0 ub"ect to clause .20 nothing
in this (hapter shall be deemed to re!uire any proceedings pending in any court
or tribunal immediately before the commencement of this (hapter or initiated after
such commencement, to be ad"ourned or stayed by reason only of a petition
having been made to the (ourt for a decision as to whether or not a law or
provision of law relevant to the decision of the point in issue in such proceedings is
repugnant to the #n"unctions of #slam; and all such proceedings shall continue, and
the point in issue therein shall be decided, in accordance with the law for the time
being in force-
.20 All proceedings under clause ./0 of Article 2=75 of the (onstitution
that may be pending before any High (ourt immediately before the
commencement of this (hapter shall stand transferred to the (ourt and shall be
dealt with by the (ourt from the stage from which they are so transferred-
.70 'either the (ourt nor the upreme (ourt shall in the exercise of its
"urisdiction under this (hapter have power to grant an in"unction or make any
interim order in relation to any proceedings pending in any other court or tribunal-
$6* I AO%iedC
$6*D. P#-e" # %a<e Rule!- ./0 3he (ourt may, by notification in the official
Da)ette, make rules for carrying out the purposes of this (hapter-
.20 #n particular, and without pre"udice to the generality of the foregoing
power, such rules may make provision in respect of all or any of the following
matters, namely4 *
.a0 the scale of payment of honorarium to be made to "urisconsults,
experts and witnesses summoned by the (ourt to defray the
expenses, if any, incurred by them in attending for the purposes of
the proceedings before the (ourt;

.b0 the form of oath to be made by a "urisconsult, expert or witness
appearing before the (ourt;
.c0 the powers and functions of the (ourt being exercised or performed
by 5enches consisting of one or more members constituted by the
(hairman;
.d0 the decision of the (ourt being expressed in terms of the opinion of
the ma"ority of its members or, as the case may be, of the members
constituting a 5ench; and
.e0 the decision of cases in which the members constituting a 5ench are
e!ually divided in their opinion-
.70 Until rules are made under clause ./0, the hariat 5enches of
uperior (ourts 1ules, /GEG, shall, with the necessary modifications and so far as
they are not inconsistent with the provisions of this (hapter, continue in force-
CHAPTER ,.9 :ENERAL PRO?ISIONS RELATIN: TO THE
DU3ICATURE
$6,. C#ne%p #) C#u"-./0 #n this Article, C(ourtC means the upreme (ourt
or a High (ourt-
.20 A (ourt shall have power to punish any person who*
.a0 abuses, interferes with or obstructs the process of the (ourt in any
way or disobeys any order of the (ourt;
.b0 scandali)es the (ourt or otherwise does anything which tends to
bring the (ourt or a +udge of the (ourt into hatred, ridicule or
contempt;
.c0 does anything which tends to pre"udice the determination of a matter
pending before the (ourt; or
.d0 does any other thing which, by law, constitutes contempt of the
(ourt-
.70 3he exercise of the power conferred on a (ourt by this Article may
be regulated by law and, sub"ect to law, by rules made by the (ourt-
$6/ Re%une"ai#n. ec.. #) Dud&e!- 3he remuneration and other terms and
conditions of service of a +udge of the upreme (ourt or of a High (ourt shall be
as provided in the &ifth chedule-
$61 Re!i&nai#n- ./0 A +udge of the upreme (ourt or a High (ourt may
resign his office by writing under his hand addressed to the President-
.20 A +udge of a High (ourt who does not accept appointment as a
+udge of the upreme (ourt shall be deemed to have retired from his office and,
on such retirement, shall be entitled to receive a pension calculated on the basis of
the length of his service as +udge and total service, if any, in the service of
Pakistan-
$62 Dud&e n# # h#ld O))ice #) P"#)i. ec-./0 A +udge of the upreme (ourt
or of a High (ourt shall not*
.a0 hold any other office of profit in the service of Pakistan if his
remuneration is thereby increased; or
.b0 occupy any other position carrying the right to remuneration for the
rendering of services-
.20 A person who has held office as a +udge of the upreme (ourt or of
a High (ourt shall not hold any office of profit in the service of Pakistan, not being
a "udicial or !uasi*"udicial office or the office of (hief <lection (ommissioner or of
(hairman or member of a law commission or of (hairman or member of the
(ouncil of #slamic #deology, before the expiration of two years after he has ceased
to hold that office-
.70 A person who has held office as a permanent +udge,
.a0 of the upreme (ourt, shall not plead or act in any (ourt or before
any authority in Pakistan;
.b0 of a High (ourt, shall not plead or act in any (ourt or before any
authority within its "urisdiction; and
.c0 of the High (ourt of West Pakistan as it existed immediately before
the coming into force of the Province of West Pakistan .,issolution0
9rder, /GE=, shall not plead or act in any (ourt or before any
authority within the "urisdiction of the principal seat of that High (ourt
or, as the case may be, the Permanent 5ench of that High (ourt to
which he was assigned-
$64 O))ice"! and Se"(an! #) C#u"!- 3he upreme (ourt and the &ederal
hariat (ourt, with the approval of the President and a High (ourt, with the
approval of the Dovernor concerned, may make rules providing for the
appointment by the (ourt of officers and servants of the (ourt and for their terms
and conditions of employment4
Provided that in case of the High (ourt for #slamabad (apital 3erritory the
rules may be made with the approval of the President-
$65. Sup"e%e Dudicial C#uncil-./0 3here shall be a upreme +udicial (ouncil
of Pakistan, in this (hapter referred to as the (ouncil-
.20 3he (ouncil shall consist of,
.a0 the (hief +ustice of Pakistan;
.b0 the two next most senior +udges of the upreme (ourt; and
.c0 the two most senior (hief +ustices of High (ourts-
E+planai#nH9 &or the purpose of this clause, the inter se seniority of the
(hief +ustices of the High (ourts shall be determined with reference to their dates
of appointment as (hief +ustice otherwise than as acting (hief +ustice, and in
case the dates of such appointment are the same, with reference to their dates of
appointment as +udges of any of the High (ourts-
.70 #f at any time the (ouncil is in!uiring into the capacity or conduct of a
+udge who is a member of the (ouncil, or a member of the (ouncil is absent or is
unable to act due to illness or any other cause, then
.a0 if such member is a +udge of the upreme (ourt, the +udge of the
upreme (ourt who is next in seniority below the +udges referred to
in paragraph .b0 of clause .20, and
.b0 if such member is the (hief +ustice of a High (ourt; the (hief +ustice
of another High (ourt who is next in seniority amongst the (hief
+ustices of the remaining High (ourts, shall act as a member of the
(ouncil in his place-
.>0 #f, upon any matter in!uired into by the (ouncil, there is a difference
of opinion amongst its members, the opinion of the ma"ority shall prevail, and the
report of the (ouncil to the President shall be expressed in terms of the view of the
ma"ority-
/7G
@.?0 #f, on information from any source, the (ouncil or the President is
of the opinion that a +udge of the upreme (ourt or of a High (ourt*
.a0 may be incapable of properly performing the duties of his office
by reason of physical or mental incapacity; or
.b0 may have been guilty of misconduct, the President shall direct
the (ouncil to, or the (ouncil may, on its own motion, in!uire into
the matter-A
.B0 #f, after in!uiring into the matter, the (ouncil reports to the President
that it is of the opinion*
.a0 that the +udge is incapable of performing the duties of his office or
has been guilty of misconduct, and
.b0 that he should be removed from office, the President may remove
the +udge from office-
.E0 A +udge of the upreme (ourt or of a High (ourt shall not be
removed from office except as provided by this Article-
.F0 3he (ouncil shall issue a code of conduct to be observed by +udges
of the upreme (ourt and of the High (ourts-
$16. P#-e" #) C#uncil # en)#"ce aendance #) pe"!#n!. ec- ./0 &or the
purpose of in!uiring into any matter, the (ouncil shall have the same power as the
upreme (ourt has to issue directions or orders for securing the attendance of
any person or the discovery or production of any document; and any such
direction or order shall be enforceable as if it had been issued by the upreme
(ourt-
139
3he following Article 2=G.?0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.?0 #f, on information @from any source, the (ouncil orA the President is of the opinion that a
+udge of the upreme (ourt or of a High (ourt,
.a0 may be incapable of properly performing the duties of his office by reason of physical or
mental incapacity; or
.b0 may have been guilty of misconduct,
the President shall direct the (ouncil to, or the (ouncil may, on its own motion,A in!uire into the matter-
.20 3he provisions of Article 2=> shall apply to the (ouncil as they apply
to the upreme (ourt and a High (ourt-
$11. Ba" #) Du"i!dici#n-3he proceedings before the (ouncil, its report to the
President and the removal of a +udge under clause .B0 of Article 2=G shall not be
called in !uestion in any court-
$1$. Ad%ini!"ai(e C#u"! and T"ibunal!- ./0 'otwithstanding anything
hereinbefore contained, the appropriate 8egislature may by Act provide for the
establishment of one or more Administrative (ourts or 3ribunals to exercise
exclusive "urisdiction in respect of*
.a0 matters relating to the terms and conditions of persons who are or
have beenA in the service of Pakistan, including disciplinary matters;
.b0 matters relating to claims arising from tortious acts of Dovernment,
or any person in the service of Pakistan, or of any local or other
authority empowered by law to levy any tax or cess and any servant
of such authority acting in the discharge of his duties as such
servant; or
.c0 matters relating to the ac!uisition, administration and disposal of any
property which is deemed to be enemy property under any law-
.20 'otwithstanding anything hereinbefore contained, where any
Administrative (ourt or 3ribunal is established under clause ./0, no other court
shall grant an in"unction, make any order or entertain any proceedings in respect
of any matter to which the "urisdiction of such Administrative (ourt or 3ribunal
extends and all proceedings in respect of any such matter which may be pending
before such other court immediately before the establishment of the Administrative
(ourt or 3ribunal other than an appeal pending before the upreme (ourt,A shall
abate on such establishment4
Provided that the provisions of this clause shall not apply to an
Administrative (ourt or 3ribunal established under an Act of a Provincial Assembly
unless, at the re!uest of that Assembly made in the form of a resolution, $a"lis*e*
hoora .Parliament0 by

law extends the provisions to such a (ourt or 3ribunal-
.70 An appeal to the upreme (ourt from a "udgment, decree, order or
sentence of an Administrative (ourt or 3ribunal shall lie only if the upreme (ourt,
being satisfied that the case involves a substantial !uestion of law of public
importance, grants leave to appeal
$1$A E $1$B A O%iedC
PART ?III
Eleci#n!
CHAPTER 1.9 CHIEF ELECTION COMMISSIONER AN3 ELECTION
COMMISSION
$1*. Chie) Eleci#n C#%%i!!i#ne"- ./0 3here shall be a (hief <lection
(ommissioner .in this Part referred to as the (ommissioner0, who shall be
appointed by the President
/>=
@HHHA-
.20 'o person shall be appointed to be (ommissioner unless he is, or
has been, a +udge of the upreme (ourt or is, or has been, a +udge of a High
(ourt and is !ualified under paragraph .a0 of clause .20 of Article /EE to be
appointed a +udge of the upreme (ourt-
/>/
@.2A0- 3he Prime $inister shall in consultation with the 8eader of the
9pposition in the 'ational Assembly, forward three names for appointment of
the (ommissioner to a Parliamentary (ommittee for hearing and confirmation
of any one person-
140
Word :in his discretion; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
141
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.250 3he Parliamentary (ommittee to be constituted by the peaker
shall comprise fifty percent members from the 3reasury 5enches and fifty
percent from the 9pposition Parties, based on their strength in $a"lis*e*
hoora .Parliament0, to be nominated by the respective Parliamentary
8eadersH
Provided that in case there is no consensus between the Prime
$inister and the 8eader of the 9pposition, each shall forward separate lists to
the Parliamentary (ommittee for consideration which may confirm any one
name4
/>2
@Provided further that the total strength of the Parliamentary
(ommittee shall be twelve members out of which one*third shall be from the
enate, andA
Provided also that when the 'ational Assembly is dissolved and a
vacancy occurs in the office of the (hief <lection (ommissioner, the
/>7
@total
membership of the Parliamentary committee shall consist ofA the members
from the enate only and the foregoing provisions of this clause shall, mutatis
mutan!is, apply-A
.70 3he (ommissioner shall have such powers and functions as are
conferred on him by the (onstitution and law-
$1,. C#%%i!!i#ne";! #ah #) #))ice- 5efore entering upon office, the
(ommissioner shall make before the (hief +ustice of Pakistan oath in the form
set*out in the 3hird chedule-
$1/. Te"% #) #))ice #) C#%%i!!i#ne"-./0 3he (ommissioner shall, sub"ect to
this Article, hold office for a term of
/>>
@fiveA years from the day he enters upon his
office4
/>?
@Provided that the aforesaid amendment shall be effective after the
expiry of current tenure of the present incumbent; andA
/>B
@HHHA
.20 3he (ommissioner shall not be removed from office except in the
manner prescribed in Article 2=G for the removal from office of a +udge and, in the
application of the Article for the purposes of this clause, any reference in that
Article to a +udge shall be construed as a reference to the (ommissioner-
.70 3he (ommissioner may, by writing under his hand addressed to the
President, resign his office-
$11. C#%%i!!i#ne" n# # h#ld #))ice #) p"#)i- ./0 3he (ommissioner shall
not,
.a0 hold any other office of profit in the service of Pakistan; or
.b0 occupy any other position carrying the right to remuneration for the
rendering of services-
.20 A person who has held office as (ommissioner shall not hold any
office of profit in the service of Pakistan before the expiration of two years after he
has ceased to hold that office4
142
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
143
ubstituted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
144
Word :three; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
145
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
146
3he following proviso of Article 2/?./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
Provided that the 'ational Assembly may by resolution extend the term of the (ommissioner by a
period not exceeding one year-
Provided that*
.a0 this clause shall not be construed as preventing a person who was a
+udge of the upreme (ourt or of a High (ourt immediately before
his appointment as (ommissioner from resuming his duties as such
+udge on the expiration of his term as (ommissioner-
.b0
/>E
@HHHA
$12. Acin& C#%%i!!i#ne"-At any time when,
.a0 the office of (ommissioner is vacant, or
.b0 the (ommissioner is absent or unable to perform the functions of his
office due to any other cause,
a +udge of the upreme (ourt nominated by the (hief +ustice of Pakistan
shall Act as (ommissioner-
$14. Eleci#n C#%%i!!i#n-
/>F
@./0 &or the purpose of election to both
Houses of $a"lis*e*hoora .Parliament0, Provincial Assemblies and for
election to such other public offices as may be specified by law, a permanent
<lection (ommission shall be constituted in accordance with this Article;
.20 3he <lection (ommission shall consist of,*
.a0 the (ommissioner who shall be the (hairman of the
(ommission; and
.b0 four members, each of whom has been a +udge of a High (ourt
from each Province, appointed by the President in the manner
provided for appointment of the (ommissioner in clauses .2A0
and .250 of Article 2/7-A
.70 #t shall be the duty of the <lection (ommission constituted in relation
to an election to organi)e and conduct the election and to make such
arrangements as are necessary to ensure that the election is conducted honestly,
"ustly, fairly and in accordance with law, and that corrupt practices are guarded
against-
$15. 3uie! #) C#%%i!!i#n- 3he
/>G
@(ommissionA shall be charged with the
duty of,
.a0 preparing electoral rolls for election to the 'ational Assembly and the
Provincial Assemblies, and revising such rolls annually;
.b0 organi)ing and conducting election to the enate or to fill casual
vacancies in a House or a Provincial Assembly; and
.c0 appointing <lection 3ribunals;
/?=
@.d0 the holding of general elections to the 'ational Assembly,
Provincial Assemblies and the local governments; and
147
3he following Article 2/B.20.b0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.b0 a person who has held office as (ommissioner may, with the concurrence of both Houses,
be reappointed to that office before the expiration of two years after he has ceased to hold that office-
148
3he following Article 2/F./0 I .20 substituted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
./0 &or the purpose of election to both Houses of $a"lis*e*hoora .Parliament0, Provincial
Assemblies and for election of such other public offices as may be specified by law or until such law
is made by the $a"lis*e*hoora .Parliament0 by 9rder of the President, a permanent <lection
(ommission shall be constituted in accordance with this Article-
.20 3he <lection (ommission shall consist of,
.a0 the (ommissioner who shall be (hairman of the (ommission; and
.b0 five members each of whom shall be a +udge of a High (ourt from each Province and
#slamabad (apital 3erritoryA appointed by the President after consultation with the (hief
+ustice of the High (ourt concerned and with the (ommissioner-
149
Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
150
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.e0 such other functions as may be specified by an Act of $a"lis*e*
hoora .Parliament0-A
$$6. E+ecui(e auh#"iie! # a!!i! C#%%i!!i#n. ec-#t shall be the duty of
all executive authorities in the &ederation and in the Provinces to assist the
(ommissioner and the <lection (ommission in the discharge of his or their
functions-
$$1. O))ice"! and !e"(an!- Until $a"lis*e*hoora .Parliament0 by law
otherwise provides, the
/?/
@<lection (ommissionA may, with the approval of the
President, make rules providing for the appointment by the
/?2
@<lection
(ommissionA of officers and servants to be employed in connection with the
functions of the
/?7
@HHHA <lection (ommission and for their terms and conditions of
employment-
CHAPTER $.9ELECTORAL LAJS AN3 CON3UCT OF ELECTIONS
$$$. Elec#"al la-!- ub"ect to the (onstitution, $a"lis*e*hoora .Parliament0
may by law provide for4
.a0 the allocation of seats in the 'ational Assembly as re!uired by
clauses .70 and .>0 of Article ?/;
.b0 the delimitation of constituencies by the <lection (ommission;
.c0 the preparation of electoral rolls, the re!uirements as to residence in
a constituency, the determination of ob"ections pertaining to and the
commencement of electoral rolls;
.d0 the conduct of elections and election petitions the decision of doubts
and disputes arising in connection with elections;
.e0 matters relating to corrupt practices and other offences in connection
with elections; and
.f0 all other matters necessary for the due constitution of the two
Houses and the Provincial Assemblies;
but no such law shall have the effect of taking away or abridging any of the
powers of the (ommissioner or an <lection (ommission under this Part-
$$*. Ba" a&ain! d#uble %e%be"!hip-./0 'o person shall, at the same time,
be a member of*
.a0 both Houses; or
.b0 a House and a Provincial Assembly; or
.c0 the Assemblies of two or more Provinces; or
.d0 a House or a Provincial Assembly in respect of more than one seat-
.20 'othing in clause ./0 shall prevent a person from being a candidate
for two or more seats at the same time, whether in the same body or in different
bodies, but if he is elected to more than one seat he shall, within a period of thirty
days after the declaration of the result for the last such seat, resign all but one of
his seats, and if he does not so resign, all the seats to which he has been elected
shall become vacant at the expiration of the said period of thirty days except the
seat to which he has been elected last or, if he has been elected to more than one
seat on the same day, the seat for election to which his nomination was filed last-
E+planai#nH9 #n this clause, CbodyC means either House or a Provincial
Assembly-
.70 A person to whom clause .20 applies shall not take a seat in either
House or the Provincial Assembly to which he has been elected until he has
resigned all but one of his seats-
151
Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
152
Word :(ommissioner; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
153
Words :(ommissioner or an; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.>0 ub"ect to clause .20, if a member of either House or of a Provincial
Assembly becomes a candidate for a second seat which, in accordance with
clause ./0, he may not hold concurrently with his first seat, then his first seat shall
become vacant as soon as he is elected to the second seat-
$$,. Ti%e #) eleci#n and b09eleci#n-
/?>
@./0 A general election to the
'ational Assembly or a Provincial Assembly shall be held within a period of
sixty days immediately following 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-A
/??
@./A0 9n dissolution of the Assembly on completion of its term, or in
case it is dissolved under Article ?F or Article //2, the President, or the
Dovernor, as the case may be, shall appoint a care*taker (abinet4
Provided that the care*taker Prime $inister shall be selected by the
President in consultation with the Prime $inister and the 8eader of the
9pposition in the outgoing 'ational Assembly, and a care*taker (hief $inister
shall be appointed by the Dovernor in consultation with the (hief $inister and
the 8eader of the 9pposition in the outgoing Provincial Assembly4
Provided further that the $embers of the &ederal and Provincial care*
taker (abinets shall be appointed on the advice of the care*taker Prime
$inister or the care*taker (hief $inister, as the case may be-
./50 $embers of the care*taker (abinets including the care*taker
Prime $inister and the care*taker (hief $inister and their immediate family
members shall not be eligible to contest the immediately following elections to
such Assemblies-
Explanation.- #n this clause :immediate family members; means
spouse and children; andA
.20 When the 'ational Assembly or a Provincial Assembly is dissolved,
a general election to the Assembly shall be held within a period of ninety days
after the dissolution, and the results of the election shall be declared not later than
fourteen days after the conclusion of the polls-
.70 An election to fill the seats in the enate which are to become vacant
on the expiration of the term of the members of the enate shall be held not earlier
than thirty days immediately preceding the day on which the vacancies are due to
occur-
.>0 When, except by dissolution of the 'ational Assembly or a Provincial
Assembly, a general seat in any such Assembly has become vacant not later than
one hundred and twenty days before the term of that Assembly is due to expire, an
election to fill the seat shall be held within sixty days from the occurrence of the
vacancy-
.?0 When a seat in the enate has become vacant, an election to fill the
seat shall be held within thirty days from the occurrence of the vacancy-
/?B
@.B0 When a seat reserved for women or non*$uslims in the 'ational
Assembly or a Provincial Assembly falls vacant, on account of death,
154
3he following Article 22>./0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 A general election to the 'ational Assembly or a Provincial Assembly shall be held within a
period of sixty days immediately following 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 day4
Provided that on dissolution of an Assembly on completion of its term, the President, in his
discretion, or, as the case may be, the Dovernor, in his discretion but with the previous approval of the
President, shall appoint a care*taker (abinet-
155
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
156
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
resignation or dis!ualification 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 <lection (ommission by the political party whose member has vacated
such seat-A
$$/. Eleci#n di!pue- 'o election to a House or a Provincial Assembly shall
be called in !uestion except by an election petition presented to such tribunal and
in such manner as may be determined by Act of $a"lis*e*hoora .Parliament0-
1/2
A$$1. Eleci#n b0 !ec"e ball#- All elections under the (onstitution, other
than those of the Prime $inister and the (hief $inister, shall be by secret
ballot-A
PART IF
I!la%ic P"#(i!i#n!
$$2. P"#(i!i#n! "elain& # he H#l0 @u";an and Sunnah-./0 All existing laws
shall be brought in conformity with the #n"unctions of #slam as laid down in the Holy
%uran and unnah, in this Part referred to as the #n"unctions of #slam, and no law
shall be enacted which is repugnant to such #n"unctions-
E+planai#nH9 #n the application of this clause to the personal law of any
$uslim sect, the expression C%uran and unnahC shall mean the %uran and
unnah as interpreted by that sect-
.20 <ffect shall be given to the provisions of clause ./0 only in the
manner provided in this Part-
.70 'othing in this Part shall affect the personal laws of non*$uslim
citi)ens or their status as citi)ens-
$$4. C#%p#!ii#n. ec. #) I!la%ic C#uncil- ./0 3here shall be constituted
within a period of ninety days from the commencing day a (ouncil of #slamic
#deology, in this part referred to as the #slamic (ouncil-
.20 3he #slamic (ouncil shall consist of such members, being not less
than eight and not more than twenty, as the President may appoint from amongst
persons having knowledge of the principles and philosophy of #slam as enunciated
in the Holy %uran and unnah, or understanding of the economic, political, legal or
administrative problems of Pakistan-
.70 While appointing members of the #slamic (ouncil the President shall
ensure that*
.a0 so far as practicable various schools of thought are represented in
the (ouncil;
.b0 not less than two of the members are persons each of whom is, or
has been a +udge of the upreme (ourt or of a High (ourt;
.c0 not less than
/?F
@one*thirdA of the members are persons each of
whom has been engaged, for a period of not less than fifteen years,
in #slamic research or instruction; and
.d0 at least one member is a woman-
.>0 3he President shall appoint one of the members of the #slamic
(ouncil to be the (hairman thereof-
.?0 ub"ect to clause .B0 a member of the #slamic (ouncil shall hold
office for a period of three years-
.B0 A member may, by writing under his hand addressed to the
President, resign his office or may be removed by the President upon the passing
of a resolution for his removal by a ma"ority of the total membership of the #slamic
(ouncil-
157
3he following Article 22B substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
All elections under the (onstitution shall be by secret ballot-
158
Word :four; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
$$5. Re)e"ence b0 Ma'li!9e9Sh##"a =Pa"lia%en>. ec. # I!la%ic C#uncil-
3he President or the Dovernor of a Province may, or if two*fifths of its total
membership so re!uires, a House or a Provincial Assembly shall, refer to the
#slamic (ouncil for advice any !uestion as to whether a proposed law is or is not
repugnant to the #n"unctions of #slam-
$*6. Funci#n! #) I!la%ic C#uncil- ./0 3he functions of the #slamic (ouncil
shall be*
.a0 to make recommendations to $a"lis*e*hoora .Parliament0 and the
Provincial Assemblies as to the ways and means of enabling and
encouraging the $uslims of Pakistan to order their lives individually
and collectively in all respects in accordance with the principles and
concepts of #slam as enunciated in the Holy %uran and unnah;
.b0 to advise a House, a Provincial Assembly, the President or a
Dovernor on any !uestion referred to the (ouncil as to whether a
proposed law is or is not repugnant to the #n"unctions of #slam;
.c0 to make recommendations as to the measures for bringing existing
laws into conformity with the #n"unctions of #slam and the stages by
which such measures should be brought into effect; and
.d0 to compile in a suitable form, for the guidance of $a"lis*e*hoora
.Parliament0 and the Provincial Assemblies, such #n"unctions of #slam
as can be given legislative effect-
.20 When, under Article 22G, a !uestion is referred by a House, a
Provincial Assembly, the President or a Dovernor to the #slamic (ouncil, the
(ouncil shall, within fifteen days thereof, inform the House, the Assembly, the
President or the Dovernor, as the case may be, of the period within which the
(ouncil expects to be able to furnish that advice-
.70 Where a House, a Provincial Assembly, the President or the
Dovernor, as the case may be, considers that, in the public interest, the making of
the proposed law in relation to which the !uestion arose should not be postponed
until the advice of the #slamic (ouncil is furnished, the law may be made before
the advice is furnished4
Provided that, where a law is referred for advice to the #slamic (ouncil and
the (ouncil advises that the law is repugnant to the #n"unctions of #slam, the House
or, as the case may be, the Provincial Assembly, the President or the Dovernor
shall reconsider the law so made-
.>0 3he #slamic (ouncil shall submit its final report within seven years of
its appointment, and shall submit an annual interim report- 3he report, whether
interim or final, shall be laid for discussion before both Houses and each Provincial
Assembly within six months of its receipt, and $a"lis*e*hoora .Parliament0 and
the Assembly, after considering the report, shall enact laws in respect thereof
within a period of two years of the final report-
$*1. Rule! #) p"#cedu"e- 3he proceedings of the #slamic (ouncil shall be
regulated by rules of

procedure to be made by the (ouncil with approval of the
President-
9999999
PART F
E%e"&enc0 P"#(i!i#n!
$*$. P"#cla%ai#n #) e%e"&enc0 #n acc#un #) -a". ine"nal di!u"bance.
ec- ./0 #f the President is satisfied that a grave emergency exists in which the
security of Pakistan, or any part thereof, is threatened by war or external
aggression, or by internal disturbance beyond the power of a Provincial
Dovernment to control, he may issue a Proclamation of <mergency4
/?G
@Provided that for imposition of emergency due to internal
disturbances beyond the powers of a Provincial Dovernment to control, a
resolution from the Provincial Assembly of that Province shall be re!uired4
Provided further that if the President acts on his own, the Proclamation
of <mergency shall be placed before both Houses of $a"lis*e*hoora
.Parliament0 for approval by each House within ten days-A
.20 'otwithstanding anything in the (onstitution, while a Proclamation of
<mergency is in force*
.a0 $a"lis*e*hoora .Parliament0 shall have power to make laws for a
Province, or any part thereof, with respect to any matter not
enumerated in the &ederal 8egislative 8ist or the (oncurrent
8egislative 8ist;
.b0 the executive authority of the &ederation shall extend to the giving of
directions to a Province as to the manner in which the executive
authority of the Province is to be exercised, and
.c0 the &ederal Dovernment may by 9rder assume to itself, or direct the
Dovernor of a Province to assume on behalf of the &ederal
Dovernment, all or any of the functions of the Dovernment of the
Province, and all or any of the powers vested in, or exercisable by,
any body or authority in the Province other than the Provincial
Assembly, and make such incidental and conse!uential provisions
as appear to the &ederal Dovernment to be necessary or desirable
for giving effect to the ob"ects of the Proclamation, including
provisions for suspending, in whole or in part, the operation of any
provisions of the (onstitution relating to any body or authority in the
province4
Provided that nothing in paragraph .c0 shall authori)e the &ederal
Dovernment to assume to itself, or direct the Dovernor of the
Province to assume on its behalf, any of the powers vested in or
exercisable by a High (ourt, or to suspend either in whole or in part
the operation of any provisions of the (onstitution relating to High
(ourts-
.70 3he power of $a"lis*e*hoora .Parliament0 to make laws for a
Province with respect to any matter shall include power to make laws conferring
powers and imposing duties, or authori)ing the conferring of powers and the
imposition of duties upon the &ederation, or officers and authorities of the
&ederation, as respects that matter-
.>0 'othing in this Article shall restrict the power of a Provincial
Assembly to make any law which under the (onstitution it has power to make but
if any provision of a Provincial law is repugnant to any provision of an Act of $a"lis*
e*hoora .Parliament0A which $a"lis*e*hoora .Parliament0A has under this Article
power to make, the Act of $a"lis*e*hoora .Parliament0, whether passed before or
after the Provincial law, shall prevail and the Provincial law shall, to the extent of
the repugnancy, but so long only as the Act of $a"lis*e*hoora .Parliament0
continues to have effect, be void-
.?0 A law made by $a"lis*e*hoora .Parliament0, which $a"lis*e*hoora
.Parliament0 would not but for the issue of a Proclamation of <mergency have
been competent to make, shall, to the extent of the incompetency, cease to have
effect on the expiration of a period of six months after the Proclamation of
<mergency has ceased to be in force, except as respects things done or omitted
to be done before the expiration of the said period-
.B0 While a Proclamation of <mergency is in force, $a"lis*e*hoora
.Parliament0 may by law extend the term of the 'ational Assembly for a period not
159
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
exceeding one year and not extending in any case beyond a period of six months
after the Proclamation has ceased to be in force-
.E0 A Proclamation of <mergency shall be laid before a "oint sitting which
shall be summoned by the President to meet within thirty days of the Proclamation
being issued and*
.a0 shall cease to be in force at the expiration of two months unless
before the expiration of that period it has been approved by a
resolution of the "oint sitting; and
.b0 shall, sub"ect to the provisions of paragraph .a0, cease to be in force
upon a resolution disapproving the Proclamation being passed by
the votes of the ma"ority of the total memberships of the two Houses
in "oint sitting-
.F0 'otwithstanding anything contained in clause .E0, if the 'ational
Assembly stands dissolved at the time when a Proclamation of <mergency is
issued, the Proclamation shall continue in force for a period of four months but, if a
general election to the Assembly is not held before the expiration of that period; it
shall cease to be in force at the expiration of that period unless it has earlier been
approved by a resolution of the enate-
$**. P#-e" # !u!pend Funda%enal Ri&h!. ec.. du"in& e%e"&enc0
pe"i#d-./0 'othing contained in Articles /?, /B, /E, /F, /G, and 2> shall, while a
proclamation of <mergency is in force, restrict the power of the tate as defined in
Article E to make any law or to take any executive action which it would, but for the
provisions in the said Articles, be competent to make or to take, but any law so
made shall, to the extent of the incompetency, cease to have effect, and shall be
deemed to have been repealed, at the time when the Proclamation is revoked or
has ceased to be in force-
.20 While a Proclamation of <mergency is in force, the President may,
by 9rder, declare that the right to move any (ourt for the enforcement of such of
the &undamental 1ights conferred by (hapter / of Part ## as may be specified in
the 9rder, and any proceeding in any (ourt which is for the enforcement, or
involves the determination of any !uestion as to the infringement, of any of the
1ights so specified, shall remain suspended for the period during which the
Proclamation is in force, and any such 9rder may be made in respect of the whole
or any part of Pakistan-
.70 <very 9rder made under this Article shall, as soon as may be, be
laid before
/B=
@both Houses of $a"lis*e*hoora .Parliament0 separatelyA for
approval and the provisions of clauses .E0 and .F0 of Article 272 shall apply to such
an 9rder as they apply to a Proclamation of <mergency-
$*,. P#-e" # i!!ue P"#cla%ai#n in ca!e #) )ailu"e #) c#n!iui#nal
%achine"0 in a P"#(ince- ./0 #f the President, on receipt of a report from the
Dovernor of a Province
/B/
@HHHA, is satisfied that a situation has arisen in which the
Dovernment of the Province cannot be carried on in accordance with the
provisions of the (onstitution, the President may, or if a resolution in this behalf is
passed
/B2
@by each House separatelyA shall, by Proclamation,
.a0 assume to himself, or direct the Dovernor of the Province to assume
on behalf of the President, all or any of the functions of the
Dovernment of the Province, and all or any of the powers vested in,
or exercisable by, any body or authority in the Province, other than
the Provincial Assembly;
.b0 declare that the powers of the Provincial Assembly shall be
exercisable by, or under the authority of, $a"lis*e*hoora
.Parliament0; and
160
Words :a "oint sitting; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
161
Words :or otherwise; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
162
Words :at a "oint sitting; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.c0 make such incidental and conse!uential provisions as appear to the
President to be necessary or desirable for giving effect to the ob"ects
of the Proclamation, including provisions for suspending in whole or
in part the operation of any provisions of the (onstitution relating to
any body or authority in the Province4
Provided that nothing in this Article shall authori)e the President to
assume to himself, or direct the Dovernor of the Province to assume
on his behalf, any of the powers vested in, or exercisable by, a High
(ourt, or to suspend either in whole or in part the operation of any
provisions of the (onstitution relating to High (ourts-
.20 3he Provisions of Article /=? shall not apply to the discharge by the
Dovernor of his functions under clause ./0-
.70 A Proclamation issued under this Article shall be laid before a "oint
sitting and shall cease to be in force at the expiration of two months, unless before
the expiration of that period it has been approved by resolution of the "oint sitting
and may by like resolution be extended for a further period not exceeding two
months at a time; but no such Proclamation shall in any case remain in force for
more than six months-
.>0 'otwithstanding anything contained in clause .70, if the 'ational
Assembly stands dissolved at the time when a Proclamation is issued under this
Article, the Proclamation shall continue in force for a period of three months but, if
a general election to the Assembly is not held before the expiration or that period,
it shall cease to be in force at the expiration of that period unless it has earlier
been approved by a resolution of the enate-
.?0 Where by a Proclamation issued under this Article it has been
declared that the powers of the Provincial Assembly shall be exercisable by or
under the authority of $a"lis*e*hoora .Parliament0, it shall be competent*
.a0 to $a"lis*e*hoora .Parliament0A in "oint sitting to confer on the
President the power to make laws with respect to any matter within
the legislative competence of the Provincial Assembly;
.b0 to $a"lis*e*hoora .Parliament0 in "oint sitting, or the President, when
he is empowered under paragraph .a0, to make laws conferring
powers and imposing duties, or authori)ing the conferring of powers
and the imposition of duties, upon the &ederation, or officers and
authorities thereof;
.c0 to the President, when $a"lis*e*hoora .Parliament0 is not in
session, to authori)e expenditure from the Provincial (onsolidated
&und, whether the expenditure is charged by the (onstitution upon
that fund or not, pending the sanction of such expenditure by $a"lis*
e*hoora .Parliament0 in "oint sitting; and
.d0 to $a"lis*e*hoora .Parliament0 in "oint sitting by resolution to
sanction expenditure authori)ed by the President under paragraph
.c0-
.B0 Any law made by $a"lis*e*hoora .Parliament0 or the President
which

$a"lis*e*hoora .Parliament0 or the President would not, but for the issue of
a Proclamation under this Article, have been competent to make, shall, to the
extent of the incompetency, cease to have affect on the expiration of a period of
six months after the Proclamation under this Article has ceased to be in force,
except as to things, done or omitted to be done before the expiration of the said
period-
$*/. P"#cla%ai#n in ca!e #) )inancial e%e"&enc0- ./0 #f the President is
satisfied that a situation has arisen whereby the economic life, financial stability or
credit of Pakistan, or any part thereof, is threatened, he may, after consultation
with the Dovernors of the Provinces or, as the case may be, the Dovernor of the
Province concerned, by Proclamation make a declaration to that effect, and while
such a Proclamation is in force, the executive authority of the &ederation shall
extend to the giving of directions to any Province to observe such principles of
financial propriety as may be specified in the directions, and to the giving of such
other directions as the President may deem necessary in the interest of the
economic life, financial stability or credit of Pakistan or any part thereof-
.20 'otwithstanding anything in the (onstitution, any such directions
may include a provision re!uiring a reduction of the salary and allowances of all or
any class of persons serving in connection with the affairs of a Province-
.70 While a Proclamation issued under this Article is in force the
President may issue directions for the reduction of the salaries and allowances of
all or any class of persons serving in connection with the affairs of the &ederation-
.>0 3he provisions of clauses .70 and .>0 of Article 27> shall apply to a
Proclamation issued under this Article as they apply to a Proclamation issued
under that Article-
$*1. Re(#cai#n #) P"#cla%ai#n. ec- ./0 A Proclamation issued under this
part may be varied or revoked by a subse!uent Proclamation-
.20 3he validity of any Proclamation issued or 9rder made under this
Part shall not be called in !uestion in any court-
$*2. Ma'li!9e9Sh##"a =Pa"lia%en> %a0 %a<e la-! #) inde%ni0. ec-
'othing in the (onstitution shall prevent $a"lis*e*hoora .Parliament0 from making
any law indemnifying any person in the service of the &ederal Dovernment or a
Provincial Dovernment, or any other person, in respect of any act done in
connection with the maintenance or restoration of order in any area in Pakistan-
PART FI
A%end%en #) C#n!iui#n
$*4. A%end%en #) C#n!iui#n-ub"ect to this Part, the (onstitution may be
amended by Act of $a"lis*e*hoora .Parliament0-
$*5. C#n!iui#n. A%end%en Bill- ./0 A 5ill to amend the (onstitution may
originate in either House and, when the 5ill has been passed by the votes of not
less than two*thirds of the total membership of the House, it shall be transmitted to
the other House-
.20 #f the 5ill is passed without amendment by the votes of not less than
two*thirds of the total membership of the House to which it is transmitted under
clause ./0, it shall, sub"ect to the provisions of clause .>0, be presented to the
President for assent-
.70 #f the 5ill is passed with amendment by the votes of not less than
two*thirds of the total membership of the House to which it is transmitted under
clause ./0, it shall be reconsidered by the House in which it had originated, and if
the 5ill as amended by the former House is passed by the latter by the votes of not
less than two*thirds of its total membership it shall, sub"ect to the provisions of
clause .>0, be presented to the President for assent-
.>0 A 5ill to amend the (onstitution which would have the effect of
altering the limits of a Province shall not be presented to the President for assent
unless it has been passed by the Provincial Assembly of that Province by the
votes of not less than two*thirds of its total membership-
.?0 'o amendment of the (onstitution shall be called in !uestion in any
court on any ground whatsoever-
.B0 &or the removal of doubt, it is hereby declared that there is no
limitation whatever on the power of the $a"lis*e*hoora .Parliament0 to amend any
of the provisions of the (onstitution-
*******
PART FII
Mi!cellane#u!
CHAPTER 1.9SER?ICES
$,6. App#in%en! # !e"(ice #) Pa<i!an and c#ndii#n! #) !e"(ice-
ub"ect to the (onstitution, the appointments to and the conditions of service of
persons in the service of Pakistan shall be determined*
.a0 in the case of the services of the &ederation, posts in connection with
the affairs of the &ederation and All*Pakistan ervices, by or under
Act of $a"lis*e*hoora .Parliament0; and
.b0 in the case of the services of a Province and posts in connection with
the affairs of a Province, by or under Act of the Provincial Assembly-
<xplanation-* #n this Article, CAll*Pakistan erviceC means a service
common to the &ederation and the Provinces, which was in
existence immediately before the commencing day or which may be
created by Act of $a"lis*e*hoora .Parliament0-
$,1. E+i!in& "ule!. ec.. # c#ninue-Until the appropriate 8egislature makes
a law under Article 2>=, all rules and orders in force immediately before the
commencing day shall, so far as consistent with the provisions of the (onstitution,
continue in force and may be amended from time to time by the &ederal
Dovernment or, as the case may be the Provincial Dovernment-
$,$. Public Se"(ice C#%%i!!i#n- ./0 $a"lis*e*hoora .Parliament0 in relation
to the affairs of the &ederation, and the Provincial Assembly of a Province in
relation to the affairs of a Province may, by law provide for the establishment and
constitution of a Public ervice (ommission-
./A0 3he (hairman of the Public ervice (ommission constituted in
relation to the affairs of the &ederation shall be appointed by the President
/B7
@on
the advice of the Prime $inister-A
/B>
@./50 3he (hairman of the Public ervice (ommission constituted in
relation to affairs of a Province shall be appointed by the Dovernor on advice
of the (hief $inister-A
.20 A Public ervice (ommission shall perform such functions as may
be prescribed by law-
CHAPTER $.9ARME3 FORCES
163
Words :on his discretion; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
164
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
11/
A$,*. C#%%and #) A"%ed F#"ce!- ./0 3he &ederal Dovernment shall
have control and command of the Armed &orces-
.20 Without pre"udice to the generality of the foregoing provision, the
upreme (ommand of the Armed &orces shall vest in the President-
.70 3he President shall sub"ect to law, have powerK
.a0 to raise and maintain the $ilitary, 'aval and Air &orces of
Pakistan; and the 1eserves of such &orces; and
.b0 to grant (ommissions in such &orces-
.>0 3he President shall, on advice of the Prime $inister, appoint*
.a0 the (hairman, +oint (hiefs of taff (ommittee;
.b0 the (hief of the Army taff;
.c0 the (hief of the 'aval taff; and
.d0 the (hief of the Air taff,
and shall also determine their salaries and allowances-A
$,,. Oah #) A"%ed F#"ce!- <very member of the Armed &orces shall make
oath in the form set out in the 3hird chedule-
$,/. Funci#n! #) A"%ed F#"ce!- ./0 3he Armed &orces shall, under the
directions of the &ederal Dovernment, defend Pakistan against external
aggression or threat of war, and, sub"ect to law, act in aid of civil power when
called upon to do so-
.20 3he validity of any direction issued by the &ederal Dovernment under
clause ./0 shall not be called in !uestion in any court-
.70 A High (ourt shall not exercise any "urisdiction under Article /GG in
relation to any area in which the Armed &orces of Pakistan are, for the time being,
acting in aid of civil power in pursuance of Article 2>?4
Provided that this clause shall not be deemed to affect the "urisdiction of the
High (ourt in respect of any proceeding pending immediately before the day on
which the Armed &orces start acting in aid of civil power-
165
3he following Article 2>7 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
./0 3he &ederal Dovernment shall have control and command of the Armed &orces-
./A0 Without pre"udice to the generality of the foregoing provision, the upreme (ommand of
the Armed &orces shall vest in the President-
.20 3he President shall, sub"ect to law, have power*
.a0 to raise and maintain the $ilitary, 'aval and Air &orces of Pakistan; and the 1eserves of
such &orces; and
.b0 to grant (ommissions in such &orces-
.703he President shall, in consultation with the Prime $inisterA, appoint*
.a0
the (hairman, +oint (hiefs of taff (ommittee;
.b0
the (hief of the Army taff;
.c0
the (hief of the 'aval taff; and
.d0
the (hief of the Air taff,
and shall also determine their salaries and allowances-A
.>0 Any proceeding in relation to an area referred to in clause .70
instituted on or after the day the Armed &orces start acting in aid of civil power and
pending in any High (ourt shall remain suspended for the period during which the
Armed &orces are so acting-
CHAPTER *.9TRIBAL AREAS
$,1. T"ibal A"ea!-#n the (onstitution,*
.a0 C3ribal AreasC means the areas in Pakistan which, immediately
before the commencing day, were 3ribal Areas, and includes*
.i0 the 3ribal Areas of
/BB
@5alochistanA and the
/BE
@6hyber
PakhtunkhwaA Province;
.ii0 the former tates of Amb, (hitral, ,ir and wat;
.iiiIiv0
/BF
@HHHHHHHHHHA
.b0 CProvincially Administered 3ribal AreasC means*
.i0 3he districts of (hitral, ,ir and wat .which includes 6alam0,
the 3ribal Area in 6ohistan district, $alakand Protected Area,
the 3ribal Area ad"oining $ansehra district and the former
tate of Amb; and
.ii0 Rhob district, 8oralai district .excluding ,uki 3ehsil0,
,albandis 3ehsil of (hagai ,istrict and $arri and 5ugti tribal
territories of ibi district; and
.c0 &ederally Administered 3ribal Areas includes*
.i0 3ribal Areas ad"oining Peshawar district;
.ii0 3ribal Areas ad"oining 6ohat district;
.iv0 3ribal Areas ad"oining 5annu district;
/BG
@.iiia0 3ribal Areas ad"oining 8akki $arwat district; andA
.iv0 3ribal Areas ad"oining ,era #smail 6han district;
/E=
@.iva0 3ribal Areas ad"oining 3ank ,istrictA
.v0 5a"aur Agency;
.va0 9rak)ai Agency;
.vi0 $ohmand Agency;
.vii0 6hyber Agency;
.viii0 6urram Agency;
.ix0 'orth Wa)iristan Agency, and
.x0 outh Wa)iristan Agency-
$,2. Ad%ini!"ai#n #) T"ibal A"ea!- ./0 ub"ect to the (onstitution, the
executive authority of the &ederation shall extend to the &ederally Administered
3ribal Areas, and the executive authority of a Province shall extend to the
Provincially Administered 3ribal Areas therein-
.20 3he President may, from time to time, give such directions to the
Dovernor of a Province relating to the whole or any part of a 3ribal Area within the
Province as he may deem necessary, and the Dovernor shall, in the exercise of
his functions under this Article, comply with such directions-
166
Word :5aluchistan; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
167
Words :'orth*West &rontier; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
168
#mitted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
169
Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
170
Inserted by the (onstitution .'ineteenth Amendment0 Act / of 2=//
.70 'o Act of $a"lis*e*hoora .Parliament0 shall apply to any &ederally
Administered 3ribal Area or to any part thereof, unless the President so directs,
and no Act of $a"lis*e*hoora .Parliament0 or a Provincial Assembly shall apply to
a Provincially Administered 3ribal Area, or to any part thereof, unless the Dovernor
of the Province in which the 3ribal Area is situate, with the approval of the
President, so directs; and in giving such a direction with respect to any law, the
President or, as the case may be, the Dovernor, may direct that the law shall, in its
application to a 3ribal Area, or to a specified part thereof, have effect sub"ect to
such exceptions and modifications as may be specified in the direction-
.>0 'otwithstanding anything contained in the (onstitution, the President
may, with respect to any matter within the legislative competence of $a"lis*e*
hoora .Parliament0, and the Dovernor of a Province, with the prior approval of the
President, may, with respect to any matter within the legislative competence of the
Provincial Assembly make regulations for the peace and good government of a
Provincially Administered 3ribal Area or any part thereof, situated in the Province-
.?0 'otwithstanding anything contained in the (onstitution, the President
may, with respect to any matter, make regulations for the peace and good
Dovernment of a &ederally Administered 3ribal Area or any part thereof-
.B0 3he President may, at any time, by 9rder, direct that the whole or
any part of a 3ribal Area shall cease to be 3ribal Area, and such 9rder may
contain such incidental and conse!uential provisions as appear to the President to
be necessary and proper4
Provided that before making any 9rder under this clause, the President
shall ascertain, in such manner as he considers appropriate, the views of the
people of the 3ribal Area concerned, as represented in tribal "irga-
.E0 'either the upreme (ourt nor a High (ourt shall exercise any
"urisdiction under the (onstitution in relation to a 3ribal Area, unless $a"lis*e*
hoora .Parliament0 by law otherwise provides4
Provided that nothing in this clause shall affect the "urisdiction which the
upreme (ourt or a High (ourt exercised in relation to a 3ribal Area immediately
before the commencing day-
$,4. P"#eci#n # P"e!iden. :#(e"n#". Mini!e". ec- ./0 3he President, a
Dovernor, the Prime $inister, a &ederal $inister, a $inister of tate, the (hief
$inister and a Provincial $inister shall not he answerable to any court for the
exercise of powers and performance of functions of their respective offices or for
any act done or purported to be done in the exercise of those powers and
performance of those functions4
Provided that nothing in this clause shall be construed as restricting the
right of any person to bring appropriate proceedings against the &ederation or a
Province-
.20 'o criminal proceedings whatsoever shall be instituted or continued
against the President or a Dovernor in any court during his term of office-
.70 'o process for the arrest or imprisonment of the President or a
Dovernor shall issue from any court during his term of office-
.>0 'o civil proceedings in which relief is claimed against the President
or a Dovernor shall be instituted during his term of office in respect of anything
done or not done by him in his personal capacity whether before or after he enters
upon his office unless, at least sixty days before the proceedings are instituted,
notice in writing has been delivered to him, or sent to him in the manner prescribed
by law, stating the nature of the proceedings, the cause of action, the name,
description and place of residence of the party by whom the proceedings are to be
instituted and the relief which the party claims-
$,5. Le&al p"#ceedin&!- ./0 Any legal proceedings which, but for the
(onstitution, could have been brought by or against the &ederation in respect of a
matter which, immediately before the commencing day, was the responsibility of
the &ederation and has, under the (onstitution, become the responsibility of a
Province, shall be brought by or against the Province concerned; and if any such
legal proceedings were pending in any court immediately before the commencing
day then, in those proceedings, for the &ederation the Province concerned shall,
as from that day, be deemed to have been substituted-
.20 Any legal proceedings which, but for the (onstitution, could have
been brought by or against a Province in respect of a matter which, immediately
before the commencing day, was the responsibility of the Province and has under
the (onstitution become the responsibility of the &ederation, shall be brought by or
against the &ederation; and if any such legal proceedings were pending in any
court immediately before the commencing day then, in those proceedings, for the
Province the &ederation shall, as from that day, be deemed to have been
substituted-
$/6. Sala"ie!. all#-ance!. ec.. #) he P"e!iden. ec- ./0 Within two years
from the commencing day, provision shall be made by law for determining the
salaries, allowances and privileges of the President, the peaker and ,eputy
peaker and a member of the 'ational Assembly or a Provincial Assembly, the
(hairman and ,eputy (hairman and a member of the enate, the Prime $inister,
a &ederal $inister, a $inister of tate, a (hief $inister, a Provincial $inister and
the (hief <lection (ommissioner-
.20 Until other provision is made by law,*
.a0 the salaries, allowances and privileges of the President, the peaker
or ,eputy peaker or a member of the 'ational Assembly or a
Provincial Assembly, a &ederal $inister, a $inister of a tate, a
(hief $inister, a Provincial $inister and the (hief <lection
(ommissioner shall be same as the salaries, allowances and
privileges to which the President, the peaker or ,eputy peaker or
member of the 'ational Assembly of Pakistan or a Provincial
Assembly, a &ederal $inister, a $inister of tate, a (hief $inister, a
Provincial $inister or, as the case may be, the (hief <lection
(ommissioner was entitled immediately before the commencing day;
and
.b0 the salaries, allowances and privileges of the (hairman, the ,eputy
(hairman, the Prime $inister and a member of the enate shall be
such as the President may by 9rder determine-
.70 3he salary, allowances and privileges of a person holding office as*
.a0 the President;
.b0 the (hairman or ,eputy (hairman;
.c0 the peaker or ,eputy peaker of the 'ational Assembly or a
Provincial Assembly;
.d0 a Dovernor;
.e0 the (hief <lection (ommissioner; or
.f0 the Auditor*Deneral;
shall not be varied to his disadvantage during his term of office-
.>0 At any time when the (hairman or peaker is acting as President, he
shall be entitled to the same salary, allowances and privileges as President but
shall not exercise any of the functions of the office of (hairman or peaker
member of $a"lis*e*hoora .Parliament0, or be entitled to salary, allowances or
privileges as (hairman, peaker or such a member-
$/1. Nai#nal lan&ua&e- ./0 3he 'ational language of Pakistan is Urdu, and
arrangements shall be made for its being used for official and other purposes
within fifteen years from the commencing day-
.20 ub"ect to clause ./0, the <nglish language may be used for official
purposes until arrangements are made for its replacement by Urdu-
.70 Without pre"udice to the status of the 'ational language, a Provincial
Assembly may by law prescribe measures for the teaching, promotion and use of
a Provincial language in addition to the 'ational language-
$/$. Special p"#(i!i#n! in "elai#n # %a'#" p#"! and ae"#d"#%e!- ./0
'otwithstanding anything contained in the (onstitution or in any law, the President
may, by public notification, direct that, for a period not exceeding three months
from a specified date, a specified law, whether a &ederal law or a Provincial law,
shall not apply to a specified ma"or port or ma"or aerodrome, or shall apply to a
specified ma"or port or ma"or aerodrome sub"ect to specified exceptions or
modifications-
.20 3he giving of a direction under this Article in relation to any law shall
not affect the operation of the law prior to the date specified in the direction-
$/*. Ma+i%u% li%i! a! # p"#pe"0. ec- ./0 $a"lis*e*hoora .Parliament0
may by law*
.a0 prescribe the maximum limits as to property or any class thereof
which may be owned, held, possessed or controlled by any person;
and
.b0 declare that any trade, business, industry or service specified in such
law shall be carried on or owned, to the exclusion, complete or
partial, of other persons, by the &ederal Dovernment or a Provincial
Dovernment, or by a corporation controlled by any such
Dovernment-
.20 Any law which permits a person to own beneficially or possess
beneficially an area of land greater than that which, immediately before the
commencing day, he could have lawfully owned beneficially or possessed
beneficially shall be invalid-
$/,. Failu"e # c#%pl0 -ih "e7ui"e%en a! # i%e d#e! n# "ende" an ac
in(alid-When any act or thing is re!uired by the (onstitution to be done within a
particular period and it is not done within that period, the doing of the act or thing
shall not be invalid or otherwise ineffective by reason only that it was not done
within that period-
$//. Oah #) #))ice- ./0 An oath re!uired to be made by a person under the
(onstitution shall preferably be made in Urdu or a language that is understood by
that person-
.20 Where, under the (onstitution, an oath is re!uired to be made before
a specified person and, for any reason, it is impracticable for the oath to be made
before that person, it may be made before such other person as may be
nominated by that person-
.70 Where, under the (onstitution, a person is re!uired to make an oath
before he enters upon an office, he shall be deemed to have entered upon the
office on the day on which he makes the oath-
$/1. P"i(ae a"%ie! )#"bidden-'o private organi)ation capable of functioning
as a military organi)ation shall be formed, and any such organi)ation shall be
illegal-
$/2. P"#(i!i#n "elain& # he Sae #) Da%%u and Ka!h%i"- When the
people of the tate of +ammu and 6ashmir decide to accede to Pakistan, the
relationship between Pakistan and the tate shall be determined in accordance
with the wishes of the people of that tate-
$/4. :#(e"n%en #) e""i#"ie! #u!ide P"#(ince!- ub"ect to the
(onstitution, until $a"lis*e*hoora .Parliament0 by law otherwise provides, the
President may, by 9rder, make provisions for peace and good government of any
part of Pakistan not forming part of a Province-
$/5. A-a"d!- ./0 'o citi)en shall accept any title, honour or decoration from
any foreign tate except with the approval of the &ederal Dovernment-
.20 'o title, honour or decoration shall be conferred by the &ederal
Dovernment or any Provincial Dovernment on any citi)en, but the President may
award decorations in recognition of gallantry, meritorious service in the Armed
&orces, academic distinction or distinction in the field of sports or nursing, as
provided by &ederal law-
.70 All titles, honours and decorations awarded to citi)ens by any
authority in Pakistan before the commencing day otherwise than in recognition of
gallantry, meritorious service in the Armed &orces or academic distinction shall
stand annulled-
CHAPTER /.9INTERPRETATION
$16. 3e)inii#n!-./0 #n the (onstitution, unless the context otherwise re!uires,
the following expressions have the meaning hereby respectively assigned to them,
that is to say,*
CAct of $a"lis*e*hoora .Parliament0C means an Act passed by $a"lis*e*
hoora .Parliament0 or the 'ational Assembly and assented to, or deemed
to have been assented to, by the President;
CAct of Provincial AssemblyC means an Act passed by the Provincial
Assembly of a Province and assented to, or deemed to have been assented
to, by the Dovernor;
Cagricultural incomeC means agricultural income as defined for the purpose
of the law relating to income tax;
CArticleC means Article of the (onstitution;
CborrowsC includes the raising of money by the grant of annuities, and
CloansC shall be construed accordingly;
C(hairmanC means the (hairman of the enate and, except in Article >G,
includes a person acting as (hairman of the enate;
C(hief +usticesC, in relation to the upreme (ourt or a High (ourt, includes
the +udge for the time being acting as (hief +ustice of the (ourt;
Cciti)enC means a citi)en of Pakistan as defined by law;
CclauseC means clause of the Article in which it occurs;
/E/
@HHHA
Ccorporation taxC means any tax or income that is payable by companies
and in respect of which the following conditions apply4*
.a0 the tax is not chargeable in respect of agricultural income;
.b0 no deduction in respect of the tax paid by companies is, by
any law which may apply to the tax, authori)ed to be made
from dividends payable by the companies to individuals;
.c0 no provision exists for taking the tax so paid into account in
computing for the purposes of income tax the total income of
individual receiving such dividends, or in computing the
income tax payable by, or refundable to, such individuals;
171
3he following definition of Article 2B/./0 omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
CconsultationC shall, save in respect of appointments of +udges of the upreme (ourt and High (ourts,
mean discussion and deliberation which shall not be binding on the President-
CdebtC includes any liability in respect of any obligation to repay capital
sums by way of annuities and any liability under any guarantee, and Cdebt
chargesC shall be construed accordingly;
Cestate dutyC means a duty assessed on, or by reference to, the value of
property passing upon death;
Cexisting lawsC has the same meaning as in clause .E0 of Article 2BF;
C&ederal lawsC means a law made by or under the authority of $a"lis*e*
hoora .Parliament0;
Cfinancial yearC means a year commencing on the first day of +uly;
CgoodsC includes all materials, commodities and articles;
CDovernorC means the Dovernor of a Province and includes any person for
the time being acting as the Dovernor of a Province;
CguaranteeC includes any obligation undertaken before the commencing day
to make payments in the event of the profits of an undertaking falling short
of a specified amount;
CHouseC means the enate or the 'ational Assembly;
C+oint sittingC means a "oint sitting of the two Houses;
C+udgeC in relation to the upreme (ourt or a High (ourt, includes the (hief
+ustice of the (ourt and also includes*
.a0 in relation to the upreme (ourt, a person who is acting as a
+udge of the (ourt; and
.b0 in relation to the High (ourt, a person who is an Additional
+udge of the (ourt;
Cmembers of the Armed &orcesC does not include persons who are not, for
the time being, sub"ect to any law relating of the members of the Armed
&orces;
Cnet proceedsC means, in relation to any tax or duty, the proceeds thereof,
reduced by the cost of collection, as ascertained and certified by the
Auditor*Deneral;
CoathC includes affirmation;
CPartC means Part of the (onstitution;
CpensionC means a pension, whether contributory or not, of any kind
whatsoever payable to, or in respect of, any person and includes retired pay
so payable, a gratuity so payable, and any sum or sums so payable by way
of the return, with or without interest thereon or any addition thereto, of
subscriptions to a provident fund;
CpersonC includes any body politic or corporate;
CPresidentC means the President of Pakistan and includes a person for the
time being acting as, or performing the functions of, the President of
Pakistan and, as respects anything re!uired to be done under the
(onstitution before the commencing day, the President under the #nterim
(onstitution of the #slamic 1epublic of Pakistan;
CPropertyC includes any right, title or interest in property, movable or
immovable, and any means and instruments of production;
CProvincial lawC means a law made by or under the authority of the
Provincial Assembly;
CremunerationC includes salary and pension;
CcheduleC means chedule to the (onstitution;
Csecurity of PakistanC includes the safety, welfare, stability and integrity of
Pakistan and of each part of Pakistan, but shall not include public safety as
such;
Cervice of PakistanC means any service, post or office in connection with
the affairs of the &ederation or of a Province, and includes an All*Pakistan
ervice, service in the Armed &orces and any other service declared to be
a service of Pakistan by or under Act of $a"lis*e*hoora .Parliament0 or of a
Provincial Assembly, but does not include service as peaker, ,eputy
peaker, (hairman, ,eputy (hairman, Prime $inister, &ederal $inister,
$inister of tate, (hief $inister, Provincial $inister, Attorney*Deneral,
Advocate*Deneral, Parliamentary ecretary or (hairman or member of a
8aw (ommission, (hairman or member of the (ouncil of #slamic #deology,
pecial Assistant to the Prime $inister, Adviser to the Prime $inister,
pecial Assistant to (hief $inister, Adviser to a (hief $inister or member of
a House or a Provincial Assembly;
CpeakerC means the peaker of the 'ational Assembly or a Provincial
Assembly, and includes any person acting as the peaker of the Assembly;
CtaxationC includes the imposition of any tax or duty, whether general, local
or special, and CtaxC shall be construed accordingly;
Ctax on incomeC includes a tax in the nature of an excess profits tax or a
business profits tax-
.20 #n the (onstitution CAct of $a"lis*e*hoora .Parliament0C or C&ederal
lawC or CAct of Provincial AssemblyC or CProvincial lawC shall include an 9rdinance
promulgated by the President or, as the case may be, a Dovernor-
.70 #n the (onstitution and all enactments and other legal instruments,
unless there is anything repugnant in the sub"ect or context,*
.a0 C$uslimC means a person who believes in the unity and oneness of
Almighty Allah, in the absolute and un!ualified finality of the
Prophethood of $uhammad .peace be upon him0, the last of the
prophets, and does not believe in, or recogni)e as a prophet or
religious reformer, any person who claimed or claims to be a
prophet, in any sense of the word or of any description whatsoever,
after $uhammad .peace be upon him0; and
.b0 Cnon*$uslimC means a person who is not a $uslim and includes a
person belonging to the (hristian, Hindu, ikh, 5uddhist or Parsi
community, a person of the %uadiani Droup or the 8ahori Droup who
call themselves LAhmadisL or by any other name or a 5ahai, and a
person belonging to any of the cheduled (astes-
$11. Pe"!#n acin& in #))ice n# # be "e&a"ded a! !ucce!!#" # p"e(i#u!
#ccupan #" #))ice. ec-&or the purposes of the (onstitution, a person who acts
an office shall not be regarded as the successor to the person who held that office
before him or as the predecessor to the person who holds that office after him-
$1$. :"e&#"ian calenda" # be u!ed- &or the purpose of the (onstitution,
period of time shall be reckoned according to the Dregorian calendar-
$1*. :ende" and nu%be"-#n the (onstitution,*
.a0 words importing the masculine gender shall be taken to include
females; and
.b0 words in the singular shall include the plural, and words in the plural
shall include the singular-
$1,. E))ec #) "epeal #) la-!-Where a law is repealed, or is deemed to have
been repealed, by, under, or by virtue of the (onstitution, the repeal shall not,
except as otherwise provided in the constitution,*
.a0 revive anything not in force or existing at the time at which the repeal
takes effect;
.b0 affect the previous operation of the law or anything duly done or
suffered under the law;
.c0 affect any right, privilege, obligation or liability ac!uired, accrued or
incurred under the law;
.d0 affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against the law; or
.e0 affect any investigation legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may
be imposed, as if the law had not been repealed-
CHAPTER 1.9TITLE. COMMENCEMENT AN3 REPLEA
$1/. Tile #) C#n!iui#n and c#%%ence%en-./0 3his (onstitution shall be
known as the (onstitution of the #slamic 1epublic of Pakistan-
.20 ub"ect to clauses .70 and .>0, the (onstitution shall come into force
on the fourteenth day of August, one thousand nine hundred and seventy three or
on such earlier day as the President may, by notification in the official Da)ette,
appoint, in the (onstitution referred to as the Ccommencing day-C
.70 3he (onstitution shall, to the extent necessary*
.a0 for the constitution of the first enate;
.b0 for the first meeting of a House or a "oint sitting to be held;
.c0 for the election of the President and the Prime $inister to be held;
and
.d0 to enable any other thing to be done which, for the purposes of the
(onstitution, it is necessary to do before the commencing day,
come into force upon the enactment of the (onstitution, but the person
elected as President or Prime $inister shall not enter upon his office before
the commencing day-
.>0 Where by the (onstitution a power is conferred to make rules or to
issue orders with respect to the enforcement of any provision thereof, or with
respect to the establishment of any (ourt or office, or the appointment of any
+udge or office thereunder, or with respect to the person by whom, or the time
when, or the place where, or the manner in which, anything is to be done under
any such provisions, then that power may be exercised at any time between the
enactment of the (onstitution and its commencement-
$11. Repeal- 3he #nterim (onstitution of the #slamic 1epublic of Pakistan,
together with the Acts and PresidentLs 9rders making omissions from, additions to,
modifications of, or amendments in, that (onstitution is hereby repealed-
CHAPTER 2.9TRANSITIONAL
$12. P#-e" #) P"e!iden # "e%#(e di))iculie!- ./0 At any time before the
commencing day, or before the expiration of three months from the commencing
day, the President may, for the purpose of removing any difficulties, or for bringing
the provisions of the (onstitution into effective operation, by 9rder, direct that the
provisions of the (onstitution shall, during such period as may be specified in the
9rder, have effect, sub"ect to such adaptations, whether by way of modification,
addition or omission, as he may deem to be necessary or expedient-
.20 An 9rder made under clause ./0 shall be laid before both Houses
without undue delay, and shall remain in force until a resolution disapproving it is
passed by each House or, in case of disagreement between the two Houses, until
such resolution is passed at a "oint sitting-
12$
A$12A. P#-e" # "e%#(e di))iculie!- ./0 #f any difficulty arises in giving
effect to the provisions of the (onstitution .<ighteenth Amendment0 Act,
2=/=, hereinafter in this Article referred to as the Act, or for bringing the
provisions of the Act into effective operation, the matter shall be laid before
both Houses in a "oint 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 effect, sub"ect to such adaptations, whether by way of
modification, addition or omission, as may be deemed necessary or
expedient4
Provided that this power shall be available for a period of one year from
the commencement of the Act-
$12B- Re%#(al #) d#ub- &or removal of doubt it is hereby declared that
Article /?2A omitted and Articles /EG and /G? substituted by the (onstitution
.eventeenth Amendment0 Act, 2==7 .Act 'o- ### of 2==70, notwithstanding its
repeal, shall be deemed always to have been so omitted and substituted-A
$14. C#ninuance in )#"ce. and adapai#n #) ce"ain la-!- ./0 <xcept as
provided by this Article, all existing laws shall, sub"ect to the (onstitution, continue
in force, so far as applicable and with the necessary adaptations, until altered,
repealed or amended by the appropriate 8egislature-
.20
/E7
@HHHA
.70 &or the purpose of bringing the provisions of any existing law into
accord with the provisions of the (onstitution .other than Part ## of the
(onstitution0, the President may by 9rder, within a period of two years from the
commencing day, make such adaptation, whether by way of modification, addition
or omission, as he may deem to be necessary or expedient, and any such 9rder
may be made so as to have effect from such day, not being a day earlier than the
commencing day, as may be specified in the 9rder-
.>0 3he President may authorise the Dovernor of a Province to exercise,
in relation to the Province, the powers conferred on the President by clause .70 in
respect of laws relating to matters with respect to which the Provincial Assembly
has power to make laws-
.?0 3he powers exercisable under clauses .70 and .>0 shall be sub"ect to
the provisions of an Act of the appropriate 8egislature-
.B0 Any court, tribunal or authority re!uired or empowered to enforce an
existing law shall, notwithstanding that no adaptations have been made in such
law by an 9rder made under clause .70 or clause .>0, construe the law with all
such adaptations as are necessary to bring it into accord with the provisions of the
(onstitution-
.E0 #n this Article, Cexisting lawsC means all laws .including 9rdinances,
9rders*in*(ouncil, 9rders, rules, by*laws, regulations and 8etters Patent
constituting a High (ourt, and any notifications and other legal instruments having
the force of law0 in force in Pakistan or any part thereof, or having extraterritorial
validity, immediately before the commencing day-
E+planai#n.9 #n this Article, Cin forceC, in relation to any law, means having
effect as law whether or not the law has been brought into operation-
172
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
173
3he following Article 2BF.20 omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.20 3he laws specified in the ixth chedule shall not be altered, repealed or amended,
expressly or impliedly, without the previous sanction of the President accorded after consultation with the
Prime $inisterA4
Provided that the laws mentioned at entries 2E to 7= and entry 7? in the ixth chedule shall stand
omitted after six years-
$15. ?alidai#n #) la-!. ac!. ec- ./0 All Proclamations, PresidentLs 9rders,
$artial 8aw 1egulations, $artial 8aw 9rders and all other laws made between the
twentieth day of ,ecember, one thousand nine hundred and seventy*one and the
twentieth day of April, one thousand nine hundred and seventy*two .both days
inclusive0, are hereby declared notwithstanding any "udgment of any (ourt, to
have been validly made by competent authority and shall not be called in !uestion
in any court on any ground whatsoever-
.20 All orders made, proceedings taken 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 twentieth day of ,ecember, one thousand nine
hundred and seventy*one, and the twentieth day of April, one thousand nine
hundred and seventy*two .both days inclusive0 in exercise of the powers derived
from any PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders,
enactments, notifications, rules, orders or by*laws, or in execution of any orders
made or sentences passed by any authority in the exercise or purported exercise
of powers as aforesaid, shall, notwithstanding any "udgment of any court, be
deemed to be and always to have been validly made, taken or done and shall not
be called in !uestion in any court on any ground whatsoever-
.70 'o suit or other legal proceedings shall lie in any court 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 .20 or in execution of or in compliance with orders
made or sentences passed in exercise or purported exercise of such powers-
$26. Te%p#"a"0 (alidai#n #) ce"ain la-!. ec- ./0 $a"lis*e*hoora
.Parliament0 may by law made in the manner prescribed for legislations for a
matter in Part # of the &ederal 8egislative 8ist validate all Proclamations,
PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders and other laws
made between the twenty*fifth day of $arch, one thousand nine hundred and
sixty*nine, and the nineteenth day of ,ecember, one thousand nine hundred and
seventy*one .both days inclusive0-
.20 'otwithstanding a "udgment of any court, a law made by $a"lis*e*
hoora .Parliament0 under clause ./0 shall not be !uestioned in any court on any
ground, whatsoever-
.70 'otwithstanding the provisions of clause ./0, and a "udgment of any
court to the contrary, for a period of two years from the commencing day, the
validity of all such instruments as are referred to in clause ./0 shall not be called in
!uestion before any court on any ground whatsoever-
.>0 All orders, made, proceedings taken, and acts done by any authority,
or any person, which were made, taken or done, or purported to have been made,
taken or done, between the twenty*fifth day of $arch, one thousand nine hundred
and sixty*nine and nineteenth day of ,ecember, one thousand nine hundred and
seventy*one .both days inclusive0, in exercise of powers derived from any
PresidentLs 9rders, $artial 8aw 1egulations, $artial 8aw 9rders, enactments,
notifications, rules, orders or by*laws, or in execution of any order made or
sentence passed by any authority in the exercise or purported exercise of power
as aforesaid shall, notwithstanding any "udgment of any court, be deemed to be
and always to have been validly made, taken or done, so however that any such
order, proceeding or act may be declared invalid by $a"lis*e*hoora .Parliament0
at any time within a period of two years from the commencing day by resolution of
both Houses, or in case of disagreement between the two Houses, by such
resolution passed at a "oint sitting and shall not be called in !uestion before any
court on any ground, whatsoever-
$26A. A))i"%ai#n #) P"e!iden;! O"de"!. ec-./0 3he Proclamation of the fifth
day of +uly, /GEE, all PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations,
$artial 8aw 9rders, including the 1eferendum 9rder, /GF> .P- 9- 'o- // of /GF>0,
/E>
@HHHA the 1evival of the (onstitution of /GE7 9rder, /GF? .P- 9- 'o- /> of /GF?0,
the (onstitution .econd Amendment0 9rder /GF? .P- 9- 'o- 2> of /GF?0, and all
other laws, made between the fifth day of +uly, /GEE, and the date on which this
Article comes into force are hereby affirmed, adopted and declared,
notwithstanding any "udgment of any court, to have been validly made by
competent authority and, notwithstanding anything contained in the (onstitution,
shall not be called in !uestion in any court on any ground whatsoever4
Provided that a PresidentLs 9rder, $artial 8aw 1egulation or $artial 8aw
9rder made after the thirtieth day of eptember, /GF?, shall be confined only to
making such provisions as facilitate, or are incidental to, the revocation of the
Proclamation of the fifth day of +uly, /GEE-
.20 All orders made, proceedings taken 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 fifth day of +uly, /GEE, and the date on which
this Article comes into force, in exercise of the powers derived from any
Proclamation, PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial
8aw 9rders, enactments, notifications, rules, orders or by*laws, or in execution of
or in compliance with any order made or sentence passed by any authority in the
exercise or purported exercise of powers as aforesaid, shall, notwithstanding any
"udgment of any court, be deemed to be and always to have been validly made,
taken or done and shall not be called in !uestion in any court on any ground
whatsoever-
.70 All PresidentLs 9rders, 9rdinances, $artial 8aw 1egulations, $artial
8aw 9rders, enactments, notifications, rules, orders or by*laws in force
immediately before the date on which this Article comes into force shall continue in
force until altered, repealed or amended by competent authority-
E+planai#n. #n this clause, competent authority means,*
.a0 in respect of PresidentLs 9rders, 9rdinances, $artial 8aw
1egulations, $artial 8aw 9rders and enactments, the 8egislature;
and
.b0 in respect of notifications, rules, orders and by*laws, the authority in
which the power to made, alter, repeal or amend the same vests
under the law-
.>0 'o suit, prosecution or other legal proceedings shall lie in any court
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 .20 or in execution of or in compliance
with orders made or sentences passed in exercise or purported exercise of such
powers-
.?0 &or the purposes of clauses ./0, .20 and .>0, all orders made,
proceedings taken, 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-
/E?
@.B0 3he laws referred to in clause ./0 may be amended by the
appropriate 8egislature in the manner provided for amendment of such laws-A
174
3he following words omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
under which, in conse!uence of the result of the referendum held on the nineteenth day of ,ecember /GF>,
Deneral $uhammad Ria* ul*Ha! became the President of Pakistan on the day of the first meeting of the
$a"lis*e*hoora .Parliament0 in "oint sitting for the term specified in clause .E0 of Article >/,
175
3he following Article 2E=A.B0 substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
.B0 uch of the PresidentLs 9rders and 9rdinances referred to in clause ./0 as are specified in
the eventh chedule may be amended in the manner provided for amendment of the (onstitution, and all
other laws referred to in the said clause may be amended by the appropriate 8egislature in the manner
provided for amendment of such laws-
E+planai#n. #n this Article, CPresidentLs 9rdersC includes CPresident and (hief $artial 8aw
AdministratorLs 9rdersC and C(hief $artial 8aw AdministratorLs 9rders-C
121
A$26AA. 3ecla"ai#n and c#ninuance #) la-! ec-./0 3he Proclamation
of <mergency of the fourteenth day of 9ctober, /GGG, the Provisional
(onstitution 9rder 'o-/ of /GGG, the 9ath of 9ffice .+udges0 9rder, 2===
.'o-/ of 2===0, (hief <xecutiveLs 9rder 'o- /2 of 2==2, (hief <xecutiveLs
9rder 'o-/G of 2==2, the amendments made in the (onstitution through the
8egal &ramework 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2> of 2==20, the
8egal &ramework .Amendment0 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2G
of 2==20 and the 8egal &ramework .econd Amendment0 9rder, 2==2 .(hief
<xecutiveLs 9rder 'o- 72 of 2==20, notwithstanding any "udgment of any court
including the upreme (ourt or a High (ourt, are hereby declared as having
been made without lawful authority and of no legal effect-
.20 <xcept as provided in clause ./0 and sub"ect to the provisions of
the (onstitution .<ighteenth Amendment0 Act, 2=/=, all laws including
PresidentLs 9rders, Acts, 9rdinances, (hief <xecutiveLs 9rders, regulations,
enactments, notifications, rules, orders or bye*laws made between the twelfth
day of 9ctober, one thousand nine hundred and ninety*nine and the thirty*first
day of ,ecember, two thousand and three .both days inclusive0 and still in
force shall, continue to be in force until altered, repealed or amended by the
competent authority-
Explanation,- &or the purposes of clause .20 and clause .B0,
Ccompetent authorityC means,*
176
3he following Article 2E=AA substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
$269AA ?alidai#n and a))i"%ai#n #) la-!. ec.H ./0 3he Proclamation of <mergency of the
fourteenth day of 9ctober, /GGG, all PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders, including the
Provisional (onstitution 9rder 'o- / of /GGG, the 9ath of 9ffice .+udges0 9rder, 2=== .'o- / of 2===0, (hief
<xecutiveLs 9rder 'o- /2 of 2==2, the amendments made in the (onstitution through the 8egal &ramework
9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2> of 2==20, the 8egal &ramework .Amendment0 9rder, 2==2
.(hief <xecutiveLs 9rder 'o- 2G of 2==20, the 8egal &ramework .econd Amendment0 9rder, 2==2 .(hief
<xecutiveLs 9rder 'o- 72 of 2==20 and all other laws made between the twelfth day of 9ctober, one
thousand nine hundred and ninety*nine and the date on which this Article comes into force .both days
inclusive0, 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 (onstitution shall not be called in
!uestion in any court or forum on any ground whatsoever-
.20 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 9ctober, one thousand nine
hundred and ninety*nine, and the date on which this Article comes into force .both days inclusive0, in
exercise of the powers derived from any Proclamation, PresidentLs 9rders, 9rdinances, (hief <xecutiveLs
9rders, enactments, including amendments in the (onstitution, 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 "udgment of any court, be deemed to
be and always to have been validly made, taken or done and shall not be called in !uestion in any court or
forum on any ground whatsoever-
.70 All Proclamations, PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders, laws,
regulations, enactments, including amendments in the (onstitution, 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-
E+planai#nH #n this clause,C competent authorityC means,*
.a0 in respect of PresidentLs 9rders, 9rdinances, (hief <xecutiveLs 9rders and enactments,
including amendments in the (onstitution, the appropriate 8egislature; and
.b0 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-
.>0 'o 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 .20 or in execution of or in compliance with orders made or sentences passed in exercise or
purported exercise of such powers-
.?0 &or the purposes of clauses ./0, .20 and .>0, 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
.a0 in respect of PresidentsL 9rders, 9rdinances, (hief <xecutiveLs
9rders and all other laws, the appropriate 8egislature; and
.b0 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-
.70 'otwithstanding anything contained in the (onstitution or clause
./0, or "udgment of any court including the upreme (ourt or a High (ourt,*
.a0 +udges of the upreme (ourt, High (ourts and &ederal hariat
(ourt who were holding the office of a +udge or were appointed
as such, and had taken oath under the 9ath of 9ffice .+udges0
9rder, 2===, ./ of 2===0, shall be deemed to have continued to
hold the office as a +udge or to have been appointed as such, as
the case may be, under the (onstitution, and such continuance
or appointment, shall have effect accordingly-
.b0 +udges of the upreme (ourt, High (ourts and &ederal hariat
(ourt who not having been given or taken oath under the 9ath of
9ffice of .+udges0 9rder, 2=== ./ of 2===0, and ceased to hold
the office of a +udge shall, for the purposes of pensionary
benefits only, be deemed to have continued to hold office under
the (onstitution till their date of superannuation-
.>0 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 9ctober, one thousand nine
hundred and ninety*nine and the thirty first day of ,ecember, two thousand
and three .both days inclusive0, in exercise of the powers derived from any
authority or laws mentioned in clause .20, 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 anything
contained in clause ./0, be deemed to be valid and shall not be called in
!uestion in any court or forum on any ground whatsoever-
.?0 'o 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 .20 or clause .>0 or in execution of or in compliance with orders
made or sentences passed in exercise or purported exercise of such powers-
.B0 'otwithstanding omission of the (oncurrent 8egislative 8ist by
the (onstitution .<ighteenth Amendment0 Act, 2=/=, all laws with respect to
any of the matters enumerated in the said 8ist .including 9rdinances, 9rders,
rules, bye*laws, regulations and notifications and other legal instruments
having the force of law0 in force in Pakistan or any part thereof, or having
extra*territorial operation, immediately before the commencement of the
(onstitution .<ighteenth Amendment0 Act, 2=/=, shall continue to remain in
force until altered, repealed or amended by the competent authority-
.E0 'otwithstanding anything contained in the (onstitution, all taxes
and fees levied under any law in force immediately before the
commencement of the (onstitution .<ighteenth Amendment0 Act, 2=/=, shall
continue to be levied until they are varied or abolished by an Act of the
appropriate legislature-
.F0 9n the omission of the (oncurrent 8egislative 8ist, the process
of devolution of the matters mentioned in the said 8ist to the Provinces shall
be completed by the thirtieth day of +une, two thousand and eleven-
.G0 &or purposes of the devolution process under clause .F0, the
&ederal Dovernment shall constitute an #mplementation (ommission as it
may deem fit within fifteen days of the commencement of the (onstitution
.<ighteenth Amendment0 Act, 2=/=-A
270AAA. Validation and affirmation of laws etc- ./0 3he Proclamation of
<mergency of 7rd 'ovember, 2==E, all PresidentLs 9rders, 9rdinances, (hief of
Army taff 9rders, including the Provisional (onstitution 9rder 'o- / of 2==E, the
9ath of 9ffice .+udges0 9rder, 2==E, the amendments made in the (onstitution
through the (onstitution .Amendment0 9rder, 2==E and all other laws made
between the 7rd day of 'ovember, 2==E and the date on which the
Proclamation of <mergency of the 7rd day of 'ovember, 2==E, is revoked
.both days inclusive0, are accordingly affirmed, adopted and declared to have been
validly made by the competent authority and notwithstanding anything contained in
the (onstitution shall not be called in !uestion in any court or forum on any ground
whatsoever-
.20 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 $ade, taken or
done, on or after the 7rd day of 'ovember, 2==E in exercise of the powers derived
from any Proclamation, Provisional (onstitution 9rder 'o / of 2==E, PresidentLs
9rders, 9rdinances, enactments, including amendments in the (onstitution,
notification, rules, orders, bye*haws, 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 anything contained in the
(onstitution or any "udgment of any court, be deemed to be and always to have
been validly made, taken or done and shall not be called in !uestion in any
court or forum on any ground whatsoever-
.70 All proclamations, PresidentLs 9rders, 9rdinances, (hief of Army
taff 9rders, laws, regulations, enactments, including amendments in the (onstitution,
notifications, rules, orders or bye*laws in force immediately before the date on
which the Proclamation of <mergency of the 7rd day of 'ovember, 2==E is
revoked, shall continue in force until altered, repealed or amended by the competent
authority-
Explanation.- #n this clause, Ccompetent authorityC means,*
.a0 in respect of PresidentLs 9rders, 9rdinances, (hief of Army taff
9rders and enactments, including amendments in the (onstitution,
the appropriate 8egislature; and
.b0 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-
.>0 'o prosecution or any other legal proceedings, including but not
limited to suits, constitutional petitions or complaints, shall, notwithstanding anything
contained in the (onstitution or any other law for the time being inforce; lie in any
court, forum or authority against any person or authority on account of or in
respect of issuance of any of the legal instruments referred to in clause ./0 and
on account of or in respect of any action taken by the (hief of Army taff, the
President or any other authority in exercise or purported exercise of the
powers referred to in clause .20-
.?0 &or the purpose of clauses ./0, .20 and .>0, all orders made,
proceedings taken, appointments made, including secondments and
deputation, 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-
$26B. Eleci#n! # be dee%ed # be held unde" C#n!iui#n-'otwithstanding
anything contained in the (onstitution, the elections held under the Houses of
.Parliament0 and Provincial Assemblies .<lections0 9rder, /GEE
/EE
@and the
(onduct of Deneral <lections 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-E of
2==20,A to the Houses and the Provincial Assemblies, and the Deneral <lections
2==F to the 'ational Assembly and the Provincial Assemblies shall be deemed to
have been held under the (onstitution and shall have effect accordingly-
124
A$26BB. :ene"al Eleci#n! $664- 'otwithstanding anything contained in
the (onstitution or any other law for the time being in force, the Deneral
<lections 2==F, to the 'ational Assembly and the Provincial Assemblies held
on the eighteenth day of &ebruary, two thousand and eight shall be deemed
to have been held under the (onstitution and shall have effect accordingly-A
$26C. Oah #) #))ice #) Dud&e!. ec-./0 'otwithstanding anything contained in
the (onstitution, all persons appointed as +udges of the upreme (ourt, High
(ourts and &ederal hariat (ourt who have taken oath under the 9ath of 9ffice
.+udges0 9rder, 2=== ./ of 2===0, or the 9ath of 9ffice .+udges0 9rder, 2==E or
not having been given or taken oath under the said 9rder have ceased to
continue to hold the office of a +udge shall be deemed to have been appointed or
ceased to continue to hold such office, as the case may be, under the (onstitution
and such appointment or cession of office shall have effect accordingly-
.20 'otwithstanding anything contained in the (onstitution or any other
law for the time being in force,*
(i) a +udge including the (hief +ustice, of the upreme court, a
High (ourt or &ederal hariat (ourt who had, not been given or
taken oath under the 9ath of 9ffice .+udges0 9rder, 2==E had
ceased to hold office on and with effect from the 7
rd
day of
'ovember, 2==E; and
(ii) a +udge including the (hief +ustice, of the upreme (ourt, a
High (ourt and &ederal shariat (ourt appointed andS or continued as
such "udge or (hief +ustice by virtue of the 9ath of 9ffice .+udges0
9rder, 2==E, shall, on revival of the (onstitution, take oath as set out
in the 3hird chedule and shall be deemed to have been appointed,
andS or shall continue to hold office, under the constitution-
$21. Fi"! Nai#nal A!!e%bl0- ./0 'otwithstanding anything contained in the
(onstitution, but sub"ect to Article B7, Article B> and Article 227,*
.a0 the first 'ational Assembly shall consist of*
.i0 persons who have taken oath in the 'ational Assembly of
Pakistan existing immediately before the commencing day;
and
.ii0 the persons to be elected in accordance with law by the
members of the Assembly to fill the seats referred to in clause
.2A0 of Article ?/,
and, unless sooner dissolved, shall continue until the fourteenth day of
August, one thousand nine hundred and seventy*seven; and reference to
Ctotal membershipC of the 'ational Assembly in the (onstitution shall be
construed accordingly;
.b0 the !ualifications and dis!ualifications for being elected and being a
member of the first 'ational Assembly shall, except in case of
members filling casual vacancies, or to be elected to the additional
177
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=, and shall be deemed always to
have been so inserted w-e-f- 2/*=F*2==2-
178
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
seats referred to in clause .2A0 of Article ?/, after the commencing
day, be the same as under the #nterim (onstitution of the #slamic
1epublic of Pakistan4
Provided that no person holding an office of profit in the service of
Pakistan shall continue to be a member of the first 'ational
Assembly after the expiration of three months from the commencing
day-
.20 #f a person referred to in paragraph .a0 of clause ./0 is, immediately
before the commencing day, also a member of a Provincial Assembly, he shall not
take a seat in the 'ational Assembly or the Provincial Assembly until he resigns
one of his seats-
.70 A casual vacancy in a seat in the first 'ational Assembly, including a
vacancy in a seat in the 'ational Assembly of Pakistan existing before the
commencing day which was not filled before that day, caused by reason of death
or resignation of a member or conse!uent upon his incurring a dis!ualification or
ceasing to be a member as a result of the final decision of an election petition may
be filled in the same manner in which it would have been filled before the
commencing day-
.>0 A person referred to in paragraph .a0 of clause ./0 shall not sit or
vote in the 'ational Assembly until he has made the oath prescribed by Article B?
and, if, without the leave of the peaker of the 'ational Assembly granted on
reasonable cause shown, he fails to make the oath within twenty*one days from
the day of the first meeting of the Assembly, his seat shall become vacant at the
expiration of that period-
$2$. Fi"! c#n!iui#n #) Senae- 'otwithstanding anything contained in the
(onstitution, but sub"ect to Article B7 and Article 227,*
.a0 the enate shall, until the first 'ational Assembly under the
(onstitution continues in existence, consist of forty*five members
and the provisions of Article ?G shall have effect as if, in paragraph
.a0 of clause ./0 thereof, for the word CfourteenC the word CtenC and in
paragraph .b0 of that clause for the word CfiveC the word CthreeC, were
substituted, and reference to Ctotal membershipsC of the enate in
the (onstitution shall be construed accordingly;
.b0 the members elected or chosen as members of the enate shall be
divided into two groups by drawing of lots, the first group consisting
of five members from each Province, two members from the
&ederally Administered 3ribal Areas and one member from the
&ederal (apital and the second group consisting of five members
from each Province one member from the said Areas and one
member from the &ederal (apital;
.c0 the term of office of members of the first group and of the second
group shall respectively be two years and four years;
.d0 the term of office of persons elected or chosen to succeed the
members of the enate at the expiration of their respective terms
shall be four years;
.e0 the term of office of a person elected or chosen to fill a casual
vacancy shall be the unexpired term of the member whose vacancy
he is elected or chosen to fill;
.f0 as soon as the first general election to the 'ational Assembly is held,
there shall be elected to the enate four additional members from
each Province and two additional members from the &ederally
Administered 3ribal Areas; and
.g0 the term of office of such half of the members elected under
paragraph .f0 as may be determined by drawing of lots shall be the
unexpired term of office of the members of the first group and the
term of office of the other half shall be the unexpired term of the
members of the second group-
$2*. Fi"! P"#(incial A!!e%bl0-./0 'otwithstanding anything contained in the
(onstitution, but sub"ect to Article B7, Article B> and Article 227,*
.a0 the first Assembly of a Province under the (onstitution shall consist
of
.i0 the members of the Assembly of that Province in existence
immediately before the commencing day, and
.ii0 the additional members to be elected in accordance with law
by the members of the Assembly to fill the seats referred to in
clause .70 of Article /=B,
and, unless sooner dissolved, shall continue until the fourteenth day
of August, one thousand nine hundred and seventy*seven; and
reference to Ctotal membershipC of the Assembly of a Province in the
(onstitution shall be construed accordingly;
.b0 the !ualifications and dis!ualifications for membership of the first
Assembly of a Province shall, except in case of members filling
casual vacancies, or to be elected to the additional seats referred to
in clause .70 of Article /=B, after the commencing day, be the same
as were provided in the #nterim (onstitution of the #slamic 1epublic
of Pakistan4
Provided that no person holding an office of profit in the service of
Pakistan shall continue to be a member of the Assembly after the
expiration of three months from the commencing day-
.20 A casual vacancy in a seat in the first Assembly of a Province,
including a vacancy in a seat in the Assembly of that Province in existence
immediately before the commencing day which was not filled before that day,
caused by reason of death or resignation of a member or conse!uent upon his
incurring a dis!ualification or ceasing to be a member as a result of the final
decision of an election petition may be filled in the same manner in which it would
have been filled before the commencing day-
.70 A member referred to in paragraph .a0 of clause ./0 shall not sit or
vote in the Provincial Assembly until he has made the oath prescribed by Article
B? read with Article /2E and, if, without leave of the peaker of the Provincial
Assembly granted on reasonable cause shown, he fails to make the oath within
twenty*one days from the day of the first meeting of the Provincial Assembly, his
seat shall become vacant at the expiration of that period-
$2,. ?e!in& #) p"#pe"0. a!!e!. "i&h!. liabiliie! and #bli&ai#n!- ./0 All
property and assets which, immediately before the commencing day, were vested
in the President or the &ederal Dovernment shall, as from that day, vest in the
&ederal Dovernment unless they were used for purposes which, on that day,
became purposes of the Dovernment of a Province, in which case they shall, as
from that day, vest in the Dovernment of the Province-
.20 All property and assets which, immediately before the commencing
day, were vested in the Dovernment of a Province, shall, as from that day,
continue to be vested in the Dovernment of that Province, unless they were used
for purposes, which on that day, became purposes of the &ederal Dovernment in
which case they shall, as from that day, vest in the &ederal Dovernment-
.70 All rights, liabilities and obligations of the &ederal Dovernment or of
the Dovernment of a Province, whether arising out of contract or otherwise, shall
as from the commencing day, continue to be respectively the rights, liabilities and
obligations of the &ederal Dovernment or of the Dovernment of the Province,
except that*
.a0 all rights, liabilities and obligations relating to any matter which,
immediately before that day, was the responsibility of the &ederal
Dovernment, but which under the (onstitution, has become the
responsibility of the Dovernment of a Province, shall devolve upon
the Dovernment of that Province; and
.b0 all rights, liabilities and obligations relating to any matter which,
immediately before that day, was the responsibility of the
Dovernment of a Province, but which under the (onstitution, has
become the responsibility of the &ederal Dovernment, shall devolve
upon the &ederal Dovernment-
$2/. C#ninuance in #))ice #) pe"!#n! in !e"(ice #) Pa<i!an. ec- ./0
ub"ect to the (onstitution and until law is made under Article 2>= any person
who, immediately before the commencing day, was in the service of Pakistan
shall, as from that day, continue in the service of Pakistan on the same terms and
conditions as were applicable to him under the #nterim (onstitution of the #slamic
1epublic of Pakistan immediately before that day-
.20 (lause ./0 shall also apply in relation to a person holding office
immediately before the commencing day as*
.a0 (hief +ustice of Pakistan or other +udge of the upreme (ourt, or
(hief +ustice or other +udge of a High (ourt;
.b0 Dovernor of a Province;
.c0 (hief $inister of a Province;
.d0 peaker or ,eputy peaker of the 'ational Assembly or a Provincial
Assembly;
.e0 (hief <lection (ommissioner;
.f0 Attorney*Deneral for Pakistan or Advocate*Deneral for a Province;
and
.g0 Auditor*Deneral of Pakistan-
.70 'otwithstanding anything contained in the (onstitution, for a period
of six months from the commencing day, a &ederal $inister or a $inister of tate
or the (hief $inister of a Province or a Provincial $inister may be a person who is
not a member of $a"lis*e*hoora .Parliament0 or, as the case may be, the
Provincial Assembly of that Province; and such (hief $inister and Provincial
$inister shall have the right to speak and otherwise take part in the proceedings of
the Provincial Assembly or any committee thereof of which he may be named a
member, but shall not by virtue of this clause be entitled to vote-
.>0 Any person who under this Article, is continued in an office in respect
of which a form of oath is set out in the 3hird chedule shall, as soon as is
practicable after the commencing day make before the appropriate person oath in
that form-
.?0 ub"ect to the (onstitution and law*
.a0 all civil, criminal and revenue (ourts exercising "urisdiction and
functions immediately before the commencing day shall, as from that
day, continue to exercise their respective "urisdictions and functions;
and
.b0 all authorities and all offices .whether "udicial, executive, revenue or
ministerial0 throughout Pakistan exercising functions immediately
before the commencing day shall, as from that day, continue to
exercise their respective functions-
$21. Oah #) )i"! P"e!iden- 'otwithstanding anything contained in the
(onstitution, the first President may, in the absence of the (hief +ustice of
Pakistan, make the oath referred to in Article >2 before the peaker of the
'ational Assembly-
$22. T"an!ii#nal. )inancial p"#(i!i#n!- ./0 3he schedule of authori)ed
expenditure authenticated by the President for the financial year ending on the
thirtieth day of +une, one thousand nine hundred and seventy*four, shall continue
to remain a valid authority for expenditure from the &ederal (onsolidated &und for
that year-
.20 3he President may, in respect of expenditure of the &ederal
Dovernment for any financial year preceding the &inancial year commencing on
the first day of +uly, one thousand nine hundred and seventy*three .being
expenditure in excess of the authori)ed expenditure for that year0, authori)e the
withdrawal of money from the &ederal (onsolidated &und-
.70 3he provisions of clauses ./0 and .20 shall apply to and in relation to
a Province, and for that purpose*
.a0 any reference in those provisions to the President shall be read as a
reference to the Dovernor of the Province;
.b0 any reference in those provisions to the &ederal Dovernment shall
be read as a reference to the Dovernment of the Province; and
.c0 any reference in those provisions to the &ederal (onsolidated &und
shall read as a reference to the Provincial (onsolidated &und of the
Province-
$24. Acc#un! n# audied be)#"e c#%%encin& da0- 3he Auditor*Deneral
shall perform the same functions and exercise the same powers in relation to
accounts which have not been completed or audited before the commencing day
as, by virtue of the (onstitution, he is empowered to perform or exercise in relation
to other accounts, and Article /E/ shall, with the necessary modifications, apply
accordingly-
$25. C#ninuance #) a+e!- 'otwithstanding anything contained in the
(onstitution, all taxes and fees levied under any law in force immediately before
the commencing day shall continue to be levied until they are varied or abolished
by Act of the appropriate 8egislature-
$46. C#ninuance #) P"#cla%ai#n #) E%e"&enc0- 3he Proclamation of
<mergency issued on the twenty*third day of 'ovember, one thousand nine
hundred and seventy*one, shall be deemed to be a Proclamation of <mergency
issued under Article 272, and for the proposes of clause .E0 and clause .F0 thereof
to have been issued on the commencing day, and any law, rule or order made or
purporting to have been made in pursuance of that Proclamation shall be deemed
to have been validly made and shall not be called in !uestion in any court on the
ground of inconsistency with any of the rights conferred by (hapter / of Part ##-
ANNEF
=A"icle $A>
The Ob'eci(e! Re!#lui#n
(In the name of Allah, the most Beneficent, the most Merciful.)
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and
the authority which He has delegated to the tate of Pakistan, through its people
for being exercised within the limits prescribed by Him is a sacred trust;
3his (onstituent Assembly representing the people of Pakistan resolves to frame
a (onstitution for the sovereign independent tate of Pakistan;
Wherein the tate shall exercise its powers and authority through the chosen
representatives of the people;
Wherein the principles of democracy, freedom, e!uality, tolerance and social
"ustice as enunciated by #slam shall be fully observed;
Wherein the $uslims shall be enabled to order their lives in the individual and
collective spheres in accordance with the teachings and re!uirements of #slam as
set out in the Holy %uran and the unnah;
Wherein ade!uate provision shall be made for the minorities to
/EG
@freelyA profess
and practice their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such
other territories as may hereafter be included in or accede to Pakistan shall form a
&ederation wherein the units will be autonomous with such boundaries and
limitations on their powers and authority as may be prescribed;
Wherein shall be guaranteed fundamental rights including e!uality of status, of
opportunity and before law, social, economic and political "ustice, and freedom of
thought, expression, belief, faith, worship and association, sub"ect to law and
public morality;
Wherein ade!uate provisions shall be made to safeguard the legitimate interests
of minorities and backward and depressed classes;
Wherein the independence of the +udiciary shall be fully secured;
Wherein the integrity of the territories of the &ederation, its independence and all
its rights including its sovereign rights on land, sea and air shall be safeguarded;
o that the people of Pakistan may prosper and attain their rightful and honored
place amongst the nations of the World and make their full contribution towards
international peace and progress and happiness of humanity-
9999999
179
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
FIRST SCHE3ULE
AA"icle 4=*>=b> and =,>C
La-! e+e%ped )"#% he #pe"ai#n #) A"icle 4=1> and =$>
PART I
I. President's Orders
/- 3he Acceding tate .Property0 9rder, /GB/ .P- 9- 'o- /2 of /GB/0-
2- 3he <conomic 1eforms 9rder, /GE2 .P- 9- 'o- / of /GE20-
II. e!"lations
/- 3he 8and 1eforms 1egulation, /GE2-
2 3he 8and 1eforms .5alochistan Pat &eeder (anal0 1egulation, /GE2-
7- 3he <conomic 1eforms .Protection of #ndustries0 1egulation, /GE2-
>- 3he ,istribution of Property .(hitral0 1egulation, /GE> .## of /GE>0-
?- 3he ettlement of ,isputes of #mmovable Property .(hitral0 1egulation,
/GE> .### of /GE>0-
B- 3he ,ir and wat .,evolution and ,istribution of Property and ettlement of
,isputes of #mmovable Property0 .Amendment0 1egulation, /GE? .## of
/GEB0-
E- 3he ettlement of ,isputes of #mmovable Property .(hitral0 .Amendment0
1egulation /GEB .## of /GEB0-
III. #ederal Acts
/- 3he 8and 1eforms .Amendment0 Act, /GE> .OOO of /GE>0-
2- 3he 8and 1eforms .Amendment0 Act, /GE? .OOO#O of /GE?0-
7- 3he &lour $illing (ontrol and ,evelopment Act, /GEB .8P## of /GEB0-
>- 3he 1ice $illing (ontrol and ,evelopment Act, /GEB .8P### of /GEB0-
?- 3he (otton Dinning (ontrol and ,evelopment Act, /GEB .8#O of /GEB0-
IV. Ordinance Prom"l!ated B$ %&e President
3he 8and 1eforms .Amendment0 9rdinance, /GE? .OO# of /GE?0, and the &ederal
Act enacted to replace the said 9rdinance-
V. Pro'incial Acts
/- 3he 8and 1eforms .5alochistan Amendment0 Act, /GE> .5alochistan Act O#
of /GE>0
2- 3he 8and 1eforms .Pat &eeder (anal 1egulation0 .Amendment0 Act, /GE?
.5alochistan Act P## of /GE?-0
VI. Pro'incial Ordinance
3he 8and 1eforms .Pat &eeder (anal0 .Amendment0 9rdinance, /GEB-
PART II
I. President's Orders
/- 3he $inerals .Ac!uisition and 3ransfer0 9rder, /GB/ .P- 9- 'o- F of /GB/0-
2- 3he (ompanies .$anaging Agency and <lection of ,irectors0 9rder, /GE2
.P- 9- 'o- 2 of /GE20-
7- 3he (ooperative ocieties .1eforms0 9rder, /GE2 .P- 9- 'o- G of /GE20-
>- 3he 8ife #nsurance .'ationali)ation0 9rder, /GE2 .P- 9- 'o- /= of /GE20-
?- 3he $artial 8aw .Pending Proceedings0 9rder, /GE2 .P- 9- 'o- /> of /GE20-
B- 3he 1ulers of Acceding tates Acceding tates .Abolition of Privy Purses
and Privileges0 9rder, /GE2 .P- 9- 'o- /? of /GE20-
E- 3he #ndustrial anctions and 8icences .(ancellation0 9rder, /GE2 .P- 9-
'o- /B of /GE20-
F- 3he (riminal 8aw Amendment .pecial (ourt0 9rder, /GE2 .P-9- 'o- 2= of
/GE20-
II. e!"lations
/- 1awalpindi .1e!uisition of Property0 1egulation, /G?G-
2- 3he Pakistan (apital 1egulation, /GB=-
7- 3he crutiny of (laims .<vacuee Property0 1egulation, /GB/-
>- 3he #ncome 3ax .(orrection of 1eturns and &alse ,eclaration0 1egulation,
/GBG-
?- 3he #mproper Ac!uisition of Property 1egulation, /GBG-
B- 3he 1emoval from ervice .pecial Provisions0 1egulation, /GBG-
E- 3he 8iving 5eyond 9stensible $eans .Punishment0 1egulation, /GBG-
F- 3he Dovernment Agricultural 8and .1ecovery of #llegal Possession0
1egulation, /GBG-
G- 3he <nemy Property .Payment of $oney ,ue to <nemy0 1egulation, /GE=-
/=- 3he Withdrawal of (urrency 'otes .High ,enomination0 1egulation, /GE/-
//- 3he Price of <vacuee Property and Public ,ues .1ecovery0 1egulation,
/GE/-
/2- 3he Peshawar ,istrict and 3ribal Areas .ettlement of ,isputes0
1egulation, /GE/-
/7- 3he (onvention $uslim 8eague and Awami 8eague .crutiny of &unds0
1egulation, /GE/-
/>- 3he &oreign <xchange 1epatriation 1egulation, /GE2-
/?- 3he &oreign Assets .,eclaration0 1egulation, /GE2-
/B- 3he 1emoval from ervice .1eview Petition0 1egulation, /GE2-
/E- 3he Privately $anaged chools and (olleges .3aking 9ver0 1egulation,
/GE2-
/F- 3he <nemy Property .1evocation of ales0 1egulation, /GE2-
/G- 3he ,ir and wat .,evolution and ,istribution of Property0 1egulation,
/GE2-
2=- 3he ,ir and wat .ettlement of ,isputes of #mmovable Property0
1egulation, /GE2-
2/- 3he West Pakistan #ndustrial ,evelopment (orporation .1evocation of ale
or 3ransfer0 1egulation, /GE2-
22- 3he 'ational Press 3rust .uspension of 5oard of 3rustees and ,irectors0
1egulation, /GE2-
27- 3he (ooperative 5anks .1epayment of 8oans0 .Pun"ab0 1egulation /GE2-
2>- 3he (ooperative ocieties .1epayment of 8oans0 .indh0 1egulation, /GE2-
III. Ordinances Prom"l!ated ($ %&e President
/- 3he (ontrol of hipping 9rdinance, /G?G .O### of /G?G0-
2- 3he +ammu and 6ashmir .Administration of Property0 9rdinance, /GB/ .###
of /GB/0-
7- 3he $uslim &amily 8aws 9rdinance, /GB/ .P### of /GB/0-
>- 3he ecurity of Pakistan .Amendment0 9rdinance, /GB/ .O#P of /GB/0-
?- 3he Associated Press of Pakistan .3aking 9ver0 9rdinance, /GB/ .OO of
/GB/0-
B- 3he 3rade 9rgani)ations 9rdinance, /GB/ .O8P of /GB/0-
IV. #ederal Acts
3he (ensorship of &ilms Act, /GB7 .OP### of /GB70
V. Ordinances Prom"l!ated B$ %&e )o'ernor of #ormer Pro'ince Of *est
Pa+istan
/- 3he West Pakistan Dovernment <ducational and 3raining #nstitutions
9rdinance, /GB= .W- P- 9rdinance 'o- O# of /GB=0-
2- 3he West Pakistan Wa!f Properties 9rdinance, /GB/ .W- P- 9rdinance 'o-
OOP### of /GB/0-
7- 3he ocieties 1egistration .West Pakistan Amendment0 9rdinance, /GB2
.W- P- 9rdinance 'o- #O of /GB20-
>- 3he West Pakistan #ndustries .(ontrol on <stablishment and <nlargement0
9rdinance, /GB7 .W- P- 9rdinance 'o- #P of /GB70-
VI. Ordinances Prom"l!ated B$ t&e )o'ernor Of %&e ,ort&-*est #rontier
Pro'ince.
/- 3he 'orth*West &rontier Province Dovernment <ducational and 3raining
#nstitutions 9rdinance, /GE/ .'- W- &- P- 9rdinance 'o- ### of /GE/0-
2- 3he 'orth*West &rontier Province (hashma 1ight 5ank (anal Pro"ect
.(ontrol and Prevention of peculation in 8and0 9rdinance, /GE/ .'- W- &-
P- 9rdinance 'o- P of /GE/0-
7- 3he 'orth*West &rontier Province Domal Ram Pro"ect .(ontrol and
Prevention of peculation in 8and0 9rdinance, /GE/ .'- W- &- P- 9rdinance
'o- P### of /GE/0-
SECON3 SCHE3ULE
AA"icle ,1=*>C
Eleci#n #) P"e!iden
/- 3he (hief <lection (ommissioner shall hold and conduct election to the
office of President, and shall be the 1eturning 9fficer for such election-
2- 3he (hief <lection (ommissioner appoint Presiding 9fficers to preside at
the meeting of the members of $a"lis*e*hoora .Parliament0 and at the
meetings of the members of the Provincial Assemblies-
7- 3he (hief <lection (ommissioner shall by public notification fix the time and
place for depositing nomination papers, holding a scrutiny, making
withdrawals, if any, and holding the poll, if necessary-
>- At any time before noon on the day fixed for nomination any member of the
$a"lis*e*hoora .Parliament0 or of a Provincial Assembly may nominate for
election as President a person !ualified for election as President by
delivering to the Presiding 9fficer a nomination paper, signed by himself as
proposer and by another member of the $a"lis*e*hoora .Parliament0 or, as
the case may be Assembly as seconder, together with a statement signed
by the person nominated that he consents to the nomination4
Provided that no person shall subscribe, whether as proposer or as
seconder, more than one nomination paper at any one election-
?- 3he scrutiny shall be held by the (hief <lection (ommissioner at the time
and place fixed by him, and if after scrutiny only one person remains validly
nominated, the (hief <lection (ommissioner shall declare that person to be
elected, or if more than one person remains validly nominated, he shall
announce, by public notification, the names of the persons validly
nominated, to be hereinafter called the candidates-
B- A candidate may withdraw his candidature at any time before noon on the
day fixed for this purpose by delivering a notice in writing under his hand to
the Presiding 9fficer with whom his nomination paper has been deposited,
and a candidate who has given a notice of withdrawal of his candidature
under this paragraph shall not be allowed to cancel that notice-
E- #f all but one of the candidates have withdrawn, that one shall be declared
by the (hief <lection (ommissioner to be elected-
F- #f there is no withdrawal, or if, after withdrawals have taken place, two or
more candidates are left, the (hief <lection (ommissioner shall announce
by public notification the names of the candidates, and their proposers and
seconders, and shall proceed to hold a poll by secret ballot in accordance
with the provisions of the succeeding paragraphs-
G- #f a candidate whose nomination has been found to be in order dies after
the time fixed for nomination, and a report of his death is received by the
Presiding 9fficer before the commencement of the poll, the Presiding
9fficer shall, upon being satisfied of the fact of the death of the candidate,
countermand the poll and report the fact to the (hief <lection
(ommissioner, and all proceedings with reference to the election shall be
commenced anew in all respects as if for a new election4
Provided that no further nomination shall be necessary in the case of a
candidate whose nomination was valid at the time of the countermanding of
the poll4
Provided further that no person who has under paragraph B of the this
chedule given notice of withdrawal of his candidature before the
countermanding of the poll shall be ineligible for being nominated as a
candidate for the election after such countermanding-
/=- 3he poll shall be taken at the meetings of $a"lis*e*hoora .Parliament0 and
of each Provincial Assembly, and respective Presiding 9fficers shall
conduct the poll with the assistance of such officers as they may, with the
approval of the (hief <lection (ommissioner, respectively appoint-
//- A ballot paper shall be issued to every member of $a"lis*e*hoora
.Parliament0, and of each Provincial Assembly, who presents himself for
voting at the meeting of the members of the $a"lis*e*hoora .Parliament0
or, as the case may be, of the Provincial Assembly of which he is a member
.hereinafter referred to as a person voting0, and he shall exercise his vote
personally by marking the paper in accordance with the provisions of the
succeeding paragraphs-
/2- 3he poll shall be by secret ballot by means of ballot papers containing the
names of all the candidates in alphabetical order who have not withdrawn,
and person voting shall vote by placing a mark against the name of the
person for whom he wishes to vote-
/7- 5allot papers shall be issued from a book of ballot*papers with counterfoils,
each counterfoil being numbered; and when a ballot paper is issued to a
person voting his name shall be entered on the counterfoil, and the ballot
paper shall be authenticated by the initials of the Presiding 9fficer-
/>- A ballot paper having been marked by the person voting shall be deposited
by that person in a ballot box to be placed in front of the Presiding 9fficer-
/?- #f a ballot paper is spoiled by a person voting he may return it to the
Presiding 9fficer, who shall issue a second ballot paper, canceling the first
ballot paper and marking the cancellation on the appropriate counterfoil-
/B- A ballot paper shall be invalid if*
.i0 there is upon it any name, word or mark, by which the person voting
may be identified; or
.ii0 it does not contain the initials of the Presiding 9fficer; or
.iii0 it does not contain mark; or
.iv0 a mark is placed against the names of two or more candidates; or
.v0 there is any uncertainty as to the identity of the candidate against
whose name the mark is placed-
/E- After the close of the poll each Presiding 9fficer shall, in the presence of
such of the candidates or their authori)ed representatives as may desire to
be present, open and empty the ballot boxes and examine the ballot papers
therein, re"ecting any which are invalid, count the number of votes recorded
for each candidate on the valid ballot papers, and communicate the number
of the votes so recorded to the (hief <lection-
/F- ./0 3he (hief <lection (ommissioner shall determine the result of the
election in the following manner, namely4*
.a0 the number of votes cast in the $a"lis*e*hoora .Parliament0 in favor
of each candidate shall be counted;
.b0 the number of votes cast in a Provincial Assembly in favor of each
candidate shall be multiplied by the total number of seats in the
Provincial Assembly for the time being having the smallest number of
seats and divided by the total number of seats in the Provincial
Assembly in which the votes have been cast; and
.c0 the number of votes calculated in the manner referred to in clause
.b0 shall be added to the number of votes counted under clause .a0-
E+planai#nH #n this paragraph, Ctotal number of seatsC includes seats
reserved for non*$uslims and women-
.20 A fraction shall be rounded off to the nearest whole-
/G- 3he candidate who has obtained the largest number of votes compiled in
the manner specified in paragraph /F shall be declared by the (hief
<lection (ommissioner to be elected-
2=- Where at any poll any two or more candidates obtain an e!ual number of
votes, the selection of the candidate to be elected shall be by drawing of
lots-
2/- When, after any poll, the counting of the votes has been completed, and the
result of the voting determined, the (hief <lection (ommissioner shall
forthwith announce the result to those present, and shall report the result to
the &ederal Dovernment, who shall forthwith cause the result to be declared
by a public notification-
22- 3he (hief (ommissioner may, by public notification, with the approval of
the President, make rules for carrying out the purposes of this chedule-
THIR3 SCHE3ULE
Oah! #) O))ice
P"e!iden
AA"icle ,$C

.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # am a $uslim and believe in the Unity
and 9neness of Almighty Allah, the 5ooks of Allah, the Holy %uran being
the last of them, the Prophethood of $uhammad .peace be upon Him0 as
the last of the Prophets and that there can be no Prophet after him, the ,ay
of +udgment, and all the re!uirements and teachings of the Holy %uran and
unnah-
3hat # will bear true faith and allegiance to Pakistan4
3hat, as President of Pakistan, # will discharge my duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with the
(onstitution of the #slamic 1epublic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity, well* being and prosperity of
Pakistan;
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or
my official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic
1epublic of Pakistan4
3hat, in all circumstances, # will do right to all manner of people, according to
law, without fear or favour, affection or ill* will4
And that # will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as President of Pakistan, except as may be re!uired for the due discharge of
my duties as President-
$ay Allah Almighty help and guide me .ALmeen0-
P"i%e Mini!e"
AA"icle 51 =
146
/>C


.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that l am a $uslim and believe in
the Unity and 9neness of Almighty Allah, the 5ooks of Allah, the Holy %uran being
the last of them, the Prophethood of $uhammad .peace be upon Him0 as the last
of the Prophets and that there can be no Prophet after him, the ,ay of +udgment,
and all the re!uirements and teachings of the Holy %uran and unnah4
3hat # will bear true faith and allegiance to Pakistan4
180
&igure :7; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
3hat, as Prime $inister of Pakistan, # will discharge my duties, and perform
my functions, honestly, to the best of my ability, faithfully in accordance with the
(onstitution of the #slamic 1epublic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity, well* being and prosperity of
Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or
my official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic
1epublic of Pakistan4
3hat, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill* will4
And that # will not directly or indirectly communicate or reveal to any person
any matter which shall be brought under my consideration or shall become known
to me as Prime $inister except as may be re!uired for the due discharge of my
duties as Prime $inister-
$ay Allah Almighty help and guide me .ALmeen0-
Fede"al Mini!e" #" Mini!e" O) Sae
$Arti%e 92 (2)&

.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance
to Pakistan4
3hat, as &ederal $inister .or $inister of tate0; # will discharge my duties, and
perform my functions, honestly, to the best of my ability, faithfully in accordance
with the (onstitution of the #slamic 1epublic of Pakistan and the law, and always in
the interest of the sovereignty, integrity, solidarity, well* being and prosperity of
Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
3hat, in all circumstances, # will do right to all manner of people, according to
law, without fear or favor, affection or ill* will4
And that # will not directly or indirectly communicate or reveal to any person
any matter which shall be brought under my consideration or shall become known
to me as &ederal $inister .or $inister of tate0, except as may be re!uired for the
due discharge of my duties as &ederal $inister .or $inister of tate0, or as may be
specially permitted by the Prime $inister-
$ay Allah Almighty help and guide me .ALmeen0-
****************
SPEAKER OF NATIONAL ASSEMBLI OR CHAIRMAN OF SENATE
AA"icle /*= $> and 11C

.#n the name of Allah,
the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, as peaker of the 'ational Assembly .or (hairman of the enate0 and
whenever # am called upon to act as President of Pakistan, # will discharge my
duties, and perform my functions, honestly, to the best of my ability, faithfully,
accordance with the (onstitution of the #slamic 1epublic of Pakistan, the law and
as peaker of the 'ational Assembly in accordance with the rules of the Assembly
.or as (hairman of the enate in accordance with the rules of the enate0, and
always in the interest of the sovereignty, integrity, well* being and prosperity of
Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill* will-
$ay Allah Almighty help and guide me .ALmeen0-
,<PU3J P<A6<1 9& 'A3#9'A8 A<$58J 91 ,<PU3J
(HA#1$A' 9& <'A3<
@Article ?7. 20 and B/A
.#n the name
of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, whenever # am called upon to act as peaker of the 'ational
Assembly .or (hairman of the enate0, # will discharge my duties, and perform my
functions honestly, to the best of my ability, faithfully, in accordance with the
(onstitution of the #slamic 1epublic of Pakistan, the law and the rules of the
Assembly .or enate0, and always in the interest of the sovereignty, integrity,
solidarity, well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill*will-
$ay Allah Almighty help and guide me .ALmeen0-
MEMBER OF NATIONAL ASSEMBLI OR MEMBER OF SENATE
AA"icle 1/C

.#n the name of Allah,
the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance
to Pakistan4
3hat as a member of the 'ational Assembly .or enate0, # will perform my
functions honestly, to the best of my ability, faithfully, in accordance with the
(onstitution of the #slamic 1epublic of Pakistan and the law, and the rules of the
Assembly .or enate0, and always in the interest of the sovereignty, integrity,
solidarity, well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
And that # will preserve, protect and defend the (onstitution of the #slamic
1epublic of Pakistan-
$ay Allah Almighty help and guide me .ALmeen0-
:O?ERNOR OF PRO?INCE
AA"icle 16$C

.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, as the Dovernor of the Province of TTTTTTTTTTTT, # will discharge my
duties, and perform my functions, honestly, to the best of my ability, faithfully, in
accordance with the (onstitution of the #slamic 1epublic of Pakistan and the law,
and always in the interest of the sovereignty, integrity, solidarity, well*being and
prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
3hat, in all circumstances, # will do right to all manner of people, according to
law, without fear or favour, affection or ill*will4
And that # will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as Dovernor of the Province of TTTTTTTTTTTT except as may be re!uired for
the due discharge of my duties as Dovernor-
$ay Allah Almighty help and guide me .ALmeen0-
CHIEF MINISTER OR PRO?INCIAL MINISTER
AA"icle!
141
1*6=/> and 1*$= $>C

.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, as a (hief $inister .or $inister0 of the Dovernment of the Province of
TTTTTTTTTTTT, # will discharge my duties, and perform my functions, honestly, to
the best of my ability, faithfully, in accordance with the (onstitution of the #slamic
1epublic of Pakistan and the law and always in the interest of the sovereignty,
integrity, solidarity, well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
3hat, in all circumstances, # will do right to all manner of people, according to
law, without fear or favour, affection or ill* will4
And that # will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as (hief $inister .or $inister0 except as may be re!uired for the due discharge
of my duties as (hief $inister .or $inister or as may be specially permitted by the
(hief $inister0-
$ay Allah Almighty help and guide me .ALmeen0-
181
&igure :/7/.>0; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
SPEAKER OF A PRO?INCIAL ASSEMBLI
AA"icle! /*= $> and 1$2C

.#n the name of Allah, the most 5eneficent, the most $erciful0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, as peaker of the Provincial Assembly of the Province of
TTTTTTTTTTTT
/F2
@and whenever # am called upon to act as Dovernor, # will
dischargeA my duties, and perform my functions honestly, to the best of my ability,
faithfully, in accordance with the (onstitution of the #slamic 1epublic of Pakistan,
the law and the rules of the Assembly, and always in the interest of the
sovereignty, integrity, solidarity, well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill* will-
$ay Allah Almighty help and guide me .ALmeen0-
3EPUTI SPEAKER OF A PRO?INCIAL ASSEMBLI
AA"icle! /*= $> and 1$2C

#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, whenever # am called upon to act as peaker of the Provincial
Assembly of the Province of TTTTTTTTTTTT, # will discharge my duties, and
perform my functions, honestly, to the best of my ability, faithfully, in accordance
with the (onstitution of the #slamic 1epublic of Pakistan, the law and the rules of
the Assembly, and always in the interest of the sovereignty, integrity, solidarity,
well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic ideology which is the basis for the
creation of Pakistan4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
182
Words :# will discharge; substituted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill* will-
$ay Allah Almighty help and guide me .ALmeen0-
MEMBER OF A PRO?INCIAL ASSEMBLI
AA"icle! 1/ and 1$2C

.#n the name of Allah, the most 5eneficent the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan4
3hat, as a member of the Provincial Assembly of TTTTTTTTTTTT, # will
perform my functions honestly to the best of my ability faithfully, in accordance
with the (onstitution of the #slamic 1epublic of Pakistan, the law and the rules of
the Assembly, and always in the interest of the sovereignty, integrity, solidarity,
well* being and prosperity of Pakistan4
3hat # will strive to preserve the #slamic #deology which is the basis for the
creation of Pakistan4
And that # will preserve, protect and defend the (onstitution of the #slamic
1epublic of Pakistan4
$ay Allah Almighty help and guide me .ALmeen0-
AU3ITOR9:ENERAL OF PAKISTAN
AA"icle 114= $>C

.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTT, do solemnly swear that # will bear true faith and allegiance to
Pakistan4
3hat, as Auditor* Deneral of Pakistan, # will discharge my duties and perform
my functions honestly, faithfully, in accordance with the (onstitution of the #slamic
1epublic of Pakistan and the law and to the best of my knowledge, ability and
"udgment, without fear or favour, affection or ill* will, and that # will not allow my
personal interest to influence my official conduct or my official decisions-
$ay Allah Almighty help and guide me .ALmeen0-
*******************
CHIEF DUSTICE OF PAKISTAN OR OF A HI:H COURT OR DU3:E OF THE
SUPREME COURT OR A HI:H COURT
AA"icle! 124 and 15,C
.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and allegiance
to Pakistan4
3hat, as (hief +ustice of Pakistan .or a +udge of the upreme (ourt of
Pakistan or (hief +ustice or a +udge of the High (ourt for the Province or
Provinces of TTTTTTTTTTTT0 # will discharge my duties, and perform my functions,
honestly to the best of my ability and faithfully, in accordance with the (onstitution
of the #slamic 1epublic of Pakistan and the law4
3hat # will abide by the code of conduct issued by the upreme +udicial
(ouncil4
3hat # will not allow my personal interest to influence my official conduct or my
official decisions4
3hat # will preserve, protect and defend the (onstitution of the #slamic 1epublic
of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favor, affection or ill*will-
$ay Allah Almighty heap and guide me .ALmeen-0
***************
14*
ACHIEF DUSTICE OR DU3:E OF THE FE3ERAL SHARIAT COURT
AA"icle $6*C =2>C
=In he na%e #) Allah. he %#! Bene)icen. he %#! Me"ci)ul.>
#, TTTTTTTTTTTTTTTTTTTTTTTTT, do solemnly swear that # will bear
true faith and allegiance to Pakistan4
3hat, as (hief +ustice of the &ederal hariat (ourt .or a +udge of the &ederal
hariat (ourt0, # will discharge my duties, and perform my functions, honestly,
to the best of my ability, and faithfully, in accordance with the (onstitution of
the #slamic 1epublic of Pakistan and the law4
183
3he following 9ath for the (hief +ustice or a +udge of the &ederal hariat (ourt substituted by the
(onstitution .<ighteenth Amendment0 Act /= of 2=/=-
Chie) Du!ice #" Dud&e #) The Fede"al Sha"ia C#u"
AA"icle $6* C =2>C
.#n the name of Allah the most 5eneficent, the most $erciful-0 #, TTTTTTTTTTTT, do solemnly swear that, as
the (hief +ustice .or a +udge of the &ederal hariat (ourt, # will discharge my duties, and perform my
functions, honestly, to the best of my ability and faithfully in accordance with law;
And that # will not allow my personal interest to influence my official conduct or my official decisions-
$ay Allah Almighty help and guide me .ALmeen0-
3hat # will not allow my personal interest to influence my official conduct
or my official decisions-
3hat # will abide by the code of conduct issued by the upreme +udicial
(ouncil4
3hat # will preserve, protect and defend the (onstitution of the #slamic
1epublic of Pakistan4
And that, in all circumstances, # will do right to all manner of people, according
to law, without fear or favour, affection or ill*will-
$ay Allah Almighty help and guide me .AMmeen0-A
'''''''''''''''''''''
CHIEF ELECTION COMMISSIONER
AA"icle $1,C
.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that as (hief <lection (ommissioner #
will discharge my duties, and perform my functions, honestly, to the best of my
ability, faithfully in accordance with the (onstitution of the #slamic 1epublic of
Pakistan and the law, and without fear or favour, affection or ill* will, and that # will
not allow my personal interest to influence my official conduct or my official
decisions-
$ay Allah Almighty help and guide me .ALmeen0-
*****************

MEMBERS OF THE ARME3 FORCES
AA"icle $,,C
.#n the name of Allah, the most 5eneficent, the most $erciful-0
#, TTTTTTTTTTTT, do solemnly swear that # will bear true faith and
allegiance to Pakistan and uphold the (onstitution of the #slamic 1epublic of
Pakistan which embodies the will of the people, that # will not engage myself in any
political activities whatsoever and that # will honestly and faithfully serve Pakistan
in the Pakistan Army .or 'avy or Air &orce0 as re!uired by and under the law-
$ay Allah Almighty help and guide me .ALmeen0-
******************
FOURTH SCHE3ULE
AA"icle 26=,>C
LE:ISLATI?E LISTS
Fede"al Le&i!lai(e Li!
PA% I
/- 3he defence of the &ederation or any part thereof in peace or war; the
military, naval and air forces of the &ederation and any other armed forces
raised or maintained by the &ederation; any armed forces which are not
forces of the &ederation but are attached to or operating with any of the
Armed &orces of the &ederation including civil armed forces; &ederal
#ntelligence 5ureau; preventive detention for reasons of tate connected
with defence, external affairs, or the security of Pakistan or any part thereof;
person sub"ected to such detention; industries declared by &ederal law to
be necessary for the purpose of defence or for the prosecution of war-
2- $ilitary, naval and air force works; local self* government in cantonment
areas, the constitution and powers within such areas of cantonment
authorities, the regulation of house accommodation in such areas, and the
delimitation of such areas-
7- <xternal affairs; the implementing of treaties and agreements, including
educational and cultural pacts and agreements, with other countries;
extradition, including the surrender of criminals and accused persons to
Dovernments outside Pakistan-
>- 'ationality, citi)enship and naturali)ation-
?- $igration from or into, or settlement in, a Province or the &ederal (apital-
B- Admission into, and emigration and expulsion from, Pakistan including in
relation thereto the regulation of the movements in Pakistan of persons not
domiciled in Pakistan, pilgrimages to places beyond Pakistan-
E- Posts and telegraphs, including telephones, wireless, broadcasting and
other like forms of communications; Post 9ffice aving 5ank-
F- (urrency, coinage and legal tender-
G- &oreign exchange; che!ues, bills of exchange, promissory notes and other
like instruments-
/=- Public debt of the &ederation, including the borrowing of money on the
security of the &ederal (onsolidated &und; foreign loans and foreign aid-
//- &ederal Public ervices and &ederal Public ervice (ommission
/2- &ederal Pensions, that is to say, pensions payable by the &ederation or out
of the &ederal (onsolidated &und-
/7- &ederal 9mbudsmen-
/>- Administrative (ourts and 3ribunals for &ederal sub"ects-
/?- 8ibraries, museums, and similar institutions controlled or financed by the
&ederation-
/B- &ederal agencies and institutes for the following purposes, that is to say, for
research, for professional or technical training, or for the promotion of
special studies-
/E- <ducation as respects Pakistani students in foreign countries and foreign
students in Pakistan-
/F- 'uclear energy, including4*
.a0 mineral resources necessary for the generation of nuclear energy;
.b0 the production of nuclear fuels and the generation and use of nuclear
energy, and
.c0 ioni)ing radiations; and
/F>
@.d0 boilersA
/G- Port !uarantine, seamenLs and marine hospitals and hospitals connected
with port !uarantine-
2=- $aritime shipping and navigation, including shipping and navigation on tidal
waters; Admiralty "urisdiction-
2/-
/F?
@HHHA
22- Aircraft and air navigation; the provision of aerodromes; regulation and
organi)ation of air traffic and of aerodromes-
27- 8ighthouses, including lightships, beacons and other provisions for the
safety of shipping and aircraft-
2>- (arriage of passengers and goods by sea or by air-
2?- (opyright, inventions, designs, trademarks and merchandise marks-
2B- 9pium so far as regards sale for export-
2E- #mport and export across customs frontiers as deemed by the &ederal
Dovernment, inter*provincial trade and commerce, trade and commerce
with foreign countries; standard of !uality of goods to be exported out of
Pakistan-
2F- tate 5ank of Pakistan; banking, that is to say, the conduct of banking
business by corporations other than corporations owned or controlled by a
Province and carrying on business only within that Province-
2G- 3he law of insurance, except as respects insurance undertaken by a
Province, and the regulation of the conduct of insurance business, except
as respects business undertaken by a Province, Dovernment insurance,
except so far as undertaken by a Province by virtue of any matter within the
legislative competence of the Provincial Assembly-
7=- tock exchanges and future markets with ob"ects and business not
confined to one Province-
7/- (orporations, that is to say, the incorporation, regulation and winding* up of
trading corporations, including banking, insurance and financial
corporations, but not including corporations owned or controlled by a
Province and carrying on business only within that Province, or cooperative
societies, and of corporations, whether trading or not, with ob"ects not
confined to a Province, but not including universities-
/FB
@72- #nternational treaties, conventions and agreements and #nternational
arbitration-A
77-
/FE
@HHHA
7>- 'ational highways and strategic roads-
184
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
185
3he following entry no-2/ omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
$a"or ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of
port authorities therein-
186
3he following entry no-72 of fourth schedule, part*# substituted by the (onstitution .<ighteenth
Amendment0 Act /= of 2=/=-
72- 'ational planning and national economic coordination including planning and coordination of
scientific and technological research-
187
Words :tate lotteries; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
7?- &ederal surveys including geological surveys and &ederal meteorological
organi)ations-
7B- &ishing and fisheries beyond territorial waters-
7E- Works, lands and buildings vested in, or in the possession of Dovernment
for the purposes of the &ederation .not being military, naval or air force
works0, but, as regards property situate in a Province, sub"ect always to
Provincial legislation, save in so far as &ederal law otherwise provides-
7F-
/FF
@HHHA
7G- <stablishment of standards of weights and measures-
>=-
/FG
@HHHA
>/- <lections to the office of President, to the 'ational Assembly, the enate
and the Provincial Assemblies; (hief <lection (ommissioner and <lection
(ommissions-
>2- 3he salaries, allowances and privileges of the President, peaker and
,eputy peaker of the 'ational Assembly, (hairman and ,eputy (hairman
of the enate, Prime $inister, &ederal $inister, $inisters of tate, the
salaries, allowances and privileges of the members of the enate and the
'ational Assembly, and the punishment of persons who refuse to give
evidence or produce documents before committees thereof-
>7- ,uties of customs, including export duties-
>>- ,uties of exercise, including duties on salt, but not including duties on
alcoholic li!uors, opium and other narcotics-
>?- I >B-
/G=
@HHHA
>E- 3axes on income other than agricultural income;
>F 3axes on corporations-
>G- 3axes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed
/G/
@, except sales tax on servicesA-
?=- 3axes on the capital value of the assets, not including taxes
/G2
@HHHA on
immovable property-
?/- 3axes on mineral oil, natural gas and minerals for use in generation of
nuclear energy-
?2- 3axes and duties on the production capacity of any plant, machinery,
undertaking, establishment or installation in lieu of the taxes and duties
specified in entries>>,>E,>F and >G or in lieu of any one or more of them-
?7- 3erminal taxes on goods or passengers carried by railway, sea or air; taxes
on their fares and freights-
?>- &ees in respect of any of the matters in this Part, but not including fees
taken in any court-
188
Words :(ensus; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
189
3he following entry no->= of fourth schedule, part*# omitted by the (onstitution .<ighteenth Amendment0
Act /= of 2=/=-
>=- <xtension of the powers and "urisdiction 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 "urisdiction in another Province without the consent of the Dovernment of that Province;
extension of the powers and "urisdiction of members of a police force belonging to any Province to
railway areas outside that Province-
190
3he following entry no->? I >B of fourth schedule, part*# omitted by the (onstitution .<ighteenth
Amendment0 Act /= of 2=/=-
>?- ,uties in respect of succession to property-
>B- <state duty in respect of property-
191
Added by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
192
Words :on capital gains; omitted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
??- +urisdiction and powers of all courts, except the upreme (ourt, with
respect to any of the matters in this list and, to such extent as is expressly
authori)ed by or under the (onstitution, the enlargement of the "urisdiction
of the upreme (ourt, and the conferring thereon of supplemental powers-
?B- 9ffences against laws with respect to any of the matters in this Part-
?E- #n!uiries and statistics for the purposes of any of the matters in this Part-
?F- $atters which under the (onstitution are within the legislative competence
of $a"lis* e*hoora .Parliament0 or relate to the &ederation-
?G- $atters incidental or ancillary to any matter enumerated in this Part-
******************
PA% II
/- 1ailways-
2- $ineral oil and natural gas; li!uids and substances declared by &ederal law
to be dangerously inflammable-
7- ,evelopment of industries, where development under &ederal control is
declared by &ederal law to be expedient in the public interest; institutions,
establishments, bodies and corporations administered or managed by the
&ederal Dovernment immediately before the (ommencing day, including
the Pakistan Water and Power ,evelopment Authority and the Pakistan
#ndustrial ,evelopment (orporation; all undertakings, pro"ects and schemes
of such institutions, establishments, bodies and corporations, industries,
pro"ects and undertakings owned wholly or partially by the &ederation or by
a corporation set up by the &ederation-
/G7
@>- <lectricity-
?- $a"or ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein-
B- All regulatory authorities established under a &ederal law-
E- 'ational planning and national economic coordination including planning
and coordination of scientific and technological research-
F- upervision and management of public debt-
G- (ensus-
/=- <xtension of the powers and "urisdiction 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 "urisdiction in
another Province without the consent of the Dovernment of that Province;
extension of the powers and "urisdiction of members of a police force
belonging to any Province to railway areas outside that Province-
//- 8egal, medical and other professions-
/2- tandards in institutions for higher education and research, scientific and
technical institutions-
/7- #nter*provincial matters and co*ordination-A
/7- (ouncil of (ommon #nterests-
/>- &ees in respect of any of the matters in this Part but not including fees
taken in any court-
/?- 9ffences against laws with respect to any of the matters in this Parts-
/B- #n!uiries and statistics for the purposes of any of the matters in this Part-
/E- $atters incidental or ancillary to any matter enumerated in this Part-
****************
193
#nserted by the (onstitution .<ighteenth Amendment0 Act /= of 2=/=-
C#ncu""en Le&i!lai(e Li!
/G>
@HHHA
FIFTH SCHE3ULE
AA"icle $6/C
Re%une"ai#n and Te"%! and C#ndii#n! #) Se"(ice #) Dud&e!
Sup"e%e C#u" Hi&h C#u"
194
3he following (oncurrent 8egislative 8ist and the entries thereto from / to >E omitted by the (onstitution
.<ighteenth Amendment0 Act /= of 2=/=-
/- (riminal law, including all matters included in the Pakistan Penal (ode on the commencing day, but
excluding offences against laws with respect to any of the matters specified in the &ederal
8egislative 8ist and excluding the use of naval, military and air forces in aid of civil power-
2- (riminal procedure, including all matters included in the (ode of (riminal Procedure, on the
commencing day-
7- (ivil procedure, including the law of limitation and all matters included in the (ode of (ivil
Procedure on the commencing day, the recovery in a Province or the &ederal (apital of claims in
respect of taxes and other public demands, including arrears of land revenue and sums
recoverable as such, arising outside that Province-
>- <vidence and oath; recognition of laws, public acts and records of "udicial proceedings-
?- $arriage and divorce; infants and minors; adoption-
B- Wills, intestacy and succession, save as regards agricultural land-
E- 5ankruptcy and insolvency, administrators* general and official trustees-
F- Arbitration-
G- (ontracts, including partnership, agency, contracts of carriage, and other special forms of
contracts, but not including contracts relating to agricultural land-
/=- 3rusts and trustees-
//- 3ransfer of property other than agriculture land, registration of deeds and documents-
/2- Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in
the &ederal 8egislative 8ist-
/7- 1emoval of prisoners and accused persons from one Province to another Province-
/>- Preventive detention for reasons connected with the maintenance of public order, or the
maintenance of supplies and services essential to the community; persons sub"ected to such
detention-
/?- Persons sub"ected to preventive detention under &ederal authority-
/B- $easures to combat certain offences committed in connection with matters concerning the &ederal
and Provincial Dovernments and the establishment of a police force for that purpose-
/E- Arms, firearms and ammunition-
/F- <xplosives-
/G- 9pium, so far as regards cultivation and manufacture-
2=- ,rugs and medicines-
2/- Poisons and dangerous drugs-
22- Prevention of the extension from one Province to another of infectious or contagious diseases or
pests affecting men, animals or plants-
27- $ental illness and mental retardation, including places for the reception or treatment of the mentally
ill and mentally retarded-
2>- <nvironmental pollution and ecology-
2?- Population planning and social welfare-
2B- Welfare of labor; conditions of labor, provident funds; employerLs liability and workmenLs
compensation, health insurance including invalidity pensions, old age pensions-
2E- 3rade unions; industrial and labor disputes-
2F- 3he setting up and carrying on of labor exchanges, employment information bureaus and training
establishments-
2G- 5oilers-
7=- 1egulation of labor and safety in mines, factories and oil* fields-
7/- Unemployment insurance-
72- hipping and navigation on inland waterways as regards mechanically propelled vessels, and the
rule of the road on such waterways; carriage of passengers and goods on inland waterways-
77- $echanically propelled vehicles-
7>- <lectricity-
7?- 'ewspapers, books and printing presses-
7B- <vacuee property-
7E- Ancient and historical monuments, archaeological sites and remains-
7F- (urriculum, syllabus, planning, policy, centers of excellence and standards of education-
7G- #slamic education-
The Sup"e%e C#u"
/- 3here shall be paid to the (hief +ustice of Pakistan a salary of 1s- E,G==
per mensem, and to every other +udge of the upreme (ourt a salary of
1s- E,>== per mensem-
2- <very +udge of the upreme (ourt shall be entitled to such privileges and
allowances, and to such rights in respect of leave of absence and pension,
as may be determined by the President, and until so determined, to the
privileges, allowances and rights to which, immediately before the
commencing day, the +udges of the upreme (ourt of Pakistan were
entitled-
7- 3he pension payable to a retired +udge of the upreme (ourt shall not be
less than 1s- 7,B== per mensem or more than 1s- >,B== per mensem,
depending on the length of his service as +udge in that (ourt or a High
(ourt4
Provided that pension payable to a +udge of upreme (ourt shall not be
less favorable than that payable to him as such +udge, immediately before
the commencing day-
>- 3he widow of a +udge of the upreme (ourt shall be entitled to a pension
at the following rates, namely *
.a0 if the +udge dies after retirement U ?= percent of the net pension
payable to him; or
.b0 if the +udge dies after having rendered not less than three yearLs
service as +udge and while still serving as such U ?= per cent of the
pension admissible to him at the minimum rate-
?- 3he pension shall be payable to the widow for life or, if she remarries, until
her marriage-
B- #f the widow dies, the pension shall be payable**
.a0 to the sons of the +udge who are less than twenty* one years of age,
until they attain that age; and
.b0 to the unmarried daughters of the +udge who are less than twenty*
one years of age, until they attain that age or are married, whichever
first occurs-

The Hi&h C#u"
/- 3here shall be paid to the (hief +ustice of a High (ourt a salary of 1s E,2==
per mensem and to every other +udge of a High (ourt a salary of 1s- B,?==
per mensem-
2- <very +udge of a High (ourt shall be entitled to such privileges and
allowances, and to such rights in respect of leave of absence and pension,
as may be determined by the President, and until so determined, to the
privileges, allowances and rights, to which, immediately before the
commencing day, the +udges of the High (ourt were entitled-
>=- Rakat-
>/- Production, censorship and exhibition of cinematograph films-
>2- 3ourism-
>7- 8egal medical and other professions-
>7A- Au!af-
>>- &ees in respect of any of the matters in this 8ist, but not including fees taken in any court-
>?- #n!uiries and statistics for the purpose of any of the matters in this 8ist-
>B- 9ffences against laws with respect to any of the matters in this 8ist; "urisdiction and powers of all
courts except the upreme (ourt, with respect to any of the matters in this 8ist-
>E- $atters incidental or ancillary to any matter enumerated in this 8ist-
7- 3he pension payable to a +udge of a High (ourt who retires after having put
in not less than five years service as +udge shall not be less than 1s- 2,>==
per mensem or more than 1s- >,2== per mensem, depending on the length
of his service as +udge and total service, if any, in the service of Pakistan-
>- 3he widow of a +udge of the High (ourt shall be entitled to a pension at the
following rates, namely4*
.a0 if the +udge dies after retirement U ?= per cent of the net pension
payable to him; or
.b0 if the "udge dies after having rendered not less than five years
service as +udge and while still serving as such * ?= per cent of the
pension admissible to him at the minimum rate-
?- 3he pension shall be payable to the widow for life, or, if she remarries, until
her marriage-
B- #f the widow dies, the pension shall be payable**
.a0 to the sons of the +udge who are less than twenty* one years of age,
until they attain that age; and
.b0 to the unmarried daughters of the +udge who are less than twenty*
one years of age, until they attain that age or are married, whichever
first occurs-
SIFTH SCHE3ULE
15/
ABBBC
195
3he following ixth I eventh chedule omitted by the (onstitution .<ighteenth Amendment0 Act /= of
2=/=-
AA"icle $14 =$>C
La-! n# # be Ale"ed. Repealed #" A%ended -ih#u he P"e(i#u! Sanci#n #) he P"e!iden
/- 3he #mproper Ac!uisition of Property 1egulation, /GBG-
2- 3he 1emoval from ervice .pecial Provisions0 1egulation, /GBG-
7- 3he 8iving 5eyond 9stensible $eans .Punishment0 1egulation, /GBG-
>- 3he Dovernment Agricultural 8and .1ecovery of #llegal Possession0 1egulation, /GBG-
?- 3he <nemy Property .Payment of $oney ,ue to <nemy0 1egulation, /GE=-
B- 3he Withdrawal of (urrency 'otes .High ,enomination0 1egulation, /GE/-
E- 3he Price of <vacuee Property and Public ,ues .1ecovery0 1egulation, /GE/-
F- 3he Peshawar ,istrict and 3ribal Areas .ettlement of ,isputes0 1egulation, /GE/-
G- 3he (onvention $uslim 8eague and Awami 8eague .crutiny of &unds0 1egulation, /GE/-
/=- 3he &oreign <xchange 1epatriation 1egulation, /GE2-
//- 3he &oreign Assets .,eclaration0 1egulation, /GE2-
/2- 3he 1emoval from ervice .pecial Provisions0 1egulation, /GE2-
/7- 3he 8and 1eforms 1egulation, /GE2-
/>- 3he 1emoval from ervice .1eview Petition0 1egulation, /GE2-
/?- 3he 8and 1eforms .5aluchistan Pat &eeder (anal0 1egulation, /GE2-
/B- 3he Privately $anaged chools and (olleges .3aking 9ver0 1egulation, /GE2-
/E- 3he <nemy Property .1evocation of ales0 1egulation, /GE2-
/F- 3he ,ir and wat .,evolution and ,istribution of Property0 1egulation, /GE2-
/G- 3he ,ir and wat .ettlement of ,isputes of #mmovable Property0 1egulation, /GE2-
2=- 3he West Pakistan #ndustrial ,evelopment (orporation .1evision of ales or 3ransfer0 1egulation,
/GE2-
2/- 3he <conomic 1eforms .Protection of #ndustries0 1egulation, /GE2-
22- 3he 'ational Press 3rust .uspension of 5oard of 3rustees and ,irectors0 1egulation, /GE2-
27- 3he (ooperative 5anks .1epayment of 8oans0 .Pun"ab0 1egulation, /GE2-
2>- 3he (ooperative ocieties .1epayment of 8oans0 .ind0 1egulation, /GE2-
@'ote /A
2?- 3he tate 5ank of Pakistan Act, /G?B .OOO### of /G?B0-
2B- 3he 'ational Accountability 5ureau 9rdinance, /GGG .OP### of /GGG0-
2E- 3he 5alochistan 8ocal Dovernment 9rdinance, 2==/ .OP### of 2==/0-
2F- 3he 'orth*West &rontier Province, 8ocal Dovernment 9rdinance, 2==/ .O#P of 2==/0-
2G- 3he Pun"ab 8ocal Dovernment 9rdinance, 2==/ .O### of 2==/0-
7=- 3he indh 8ocal Dovernment 9rdinance, 2==/ .OOP## of 2==/0-
7/- 3he <lection (ommission 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-l of 2==20-
72- 3he (onduct of Deneral <lections 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-E of 2==20-
77- 3he Political Parties 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-/F of 2==20-
7>- 3he %ualification to Hold Public 9ffices 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- /G of 2==20-
7?- 3he Police 9rder, 2==2 .(hief <xecutiveLs 9rder 'o-22 of 2==20-
,otes
/- <ntries 2? to 7? inserted by the 8egal &ramework 9rder, 2==2 .(hief <xecutiveLs 9rder 'o- 2>0, Art 7./0,
sched- item 2G- <ntries 2E*7= and 7? will be automatially omitted six years after the enactment of the
(onstitution .eventeenth Amendment0 Act, 2==7, .i-e- on ,ecember 7/, 2==G0 according to the proviso
added to Article 2BF, clause .20, by the (onstitution .eventeenth Amendment0 Act, 2==7-
SE?ENTH SCHE3ULE
AA"icle $269A=1>C
La-! # be a%ended in he %anne" p"#(ided )#" a%end%en #) he C#n!iui#n
@(his sche!ule )as a!!e! *# +ection 2, of the -i%hth Amen!ment Act (19./)A
P"e!iden! O"de"!
/- Rulfi!ar Ali 5hutto 3rust and Peoples &oundation 3rust .1enaming and Administration0 9rder, /GEF
.P- 9- 'o- > of /GEF0-
2- 3he (antonments .Urban #mmovable Property 3ax and <ntertainment ,uty0 9rder, /GEG .P- 9- 'o-
/7 of /GEG0-
7- 3he Pakistan ,efence 9fficers Housing Authority 9rder, /GF= .P- 9- 'o- E of /GF=0-
>- 3he &oreign (urrency 8oans .1ate of <xchange0 9rder, /GF2 .P- 9- 'o- 7 of /GF20-
?- 3he <stablishment of the office of Wafa!i $ohtasib .9mbudsman0 9rder, /GF7 .P- 9- 'o- / of
/GF70-
B- 3he Aga 6han University 9rder, /GF7 .P- 9- 'o- 7 of /GF70-
E- 3he 'ational (ollege of 3extile <ngineering .Doverning 5ody and (ess0 9rder, /GF7 .P- 9- 'o- //
of /GF70-
F- 3he 8ahore University of $anagement ciences 9rder, /GF? .P- 9- 'o- 2? of /GF?0-
O"dinance!
/- 3he #nternational #slamic University 9rdinance, /GF? .OOO of /GF?0-

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