Eighteenth amendment to the constitution of pakistan
A Bill further to amend the Constitution of the Islamic Republic of Pakistan
WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;
AND WHEREAS the people of Pakistan have relentlessly struggled for democracy and for attaining the ideals of a Federal, Islamic, democratic, parliamentary and modern progressive welfare State, wherein the rights of the citizens are secured and the Provinces have equitable share in the Federation;
AND WHEREAS it is necessary that the Legal Framework Order, 2002, as amended by the Chief Executive's Order No. 29 and the Chief Executive's Order No. 32 of 2002, be declared as having been made without lawful authority and of no legal effect, and the Constitution (Seventeenth Amendment) Act, 2002 (Act No. III of 2003), be repealed and the Constitution further amended to achieve the aforesaid objectives;
It is hereby enacted as follows:-
| This Act may be called the Constitution (Eighteenth Amendment) Act, 2010 |
| the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), are hereby declared to have been made without lawful authority and of no legal effect and, therefore shall stand repealed; and |
| the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), is hereby repealed. |
| Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. |
| An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court." |
| "10A. | Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process." |
| Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. |
| Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. |
| Every political party shall account for the source of its funds in accordance with law." |
| "19A. | Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law." |
| "25A. | Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law." |
"Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament)."
| in paragraph (e), the word "and" at the end shall be omitted; |
| in paragraph (f), for the full stop at the end a semicolon and the word "; and" shall be added and after paragraph (f) amended as aforesaid, the following new paragraph shall be added, namely:- |
| the shares of the Provinces in all federal services, including autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be recitified." |
| in clause (3), the words, brackets and figure "to be elected after the term specificed in clause (7)" shall be omitted; and |
| clauses (7), (8) and (9) shall be omitted. |
| "46. | President to be kept informed:
The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament)." |
| after the word "act" the words "on and" shall be inserted; and |
| in the proviso, after the word "that" the words "within fifteen days" shall be inserted and after the word "shall" the commas and words ", within ten days, " shall be inserted; and |
| 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 |
| appoint a care-taker Cabinet." |
| If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered by either "Yes" or "No"." |
| There shall be three hundred and forty-two seats for members in the National Assembly, including seats reserved for women and non-Muslims. |
| A person shall be entitled to vote if- |
| he is a citizen of Pakistan; |
| he is not less than eighteen years of age; |
| his name appears on the electoral roll; and |
| he is not declared by a competent court to be of unsound mind; |
| General Seats | Women | Total |
|---|
| Balochistan | 14 | 3 | 17 |
| Khyber Pakhtunkhwa | 35 | 8 | 43 |
| Punjab | 148 | 35 | 183 |
| Sindh | 61 | 14 | 75 |
| Federally Administered Tribal Areas | 12 | - | 12 |
| Federal Capital | 2 | - | 2 |
| Total | 272 | 60 | 332 |
| 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; |
| each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3); |
| the constituency for all seats reserved for non-Muslims shall be the whole country; |
| members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly: |
Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates;
Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates."
Explanation: Reference in this Article to "Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a note of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.
| fourteen shall be elected by the members of each Provincial Assembly; |
| eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe; |
| two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe; |
| four women shall be elected by the members of each Provincial Assembly; |
| four technocrats including ulema shall be elected by the members of each Provincial Assembly; and |
| four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly: |
Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
| of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years; |
| of the members referred to in paragraph (b) of the aforesaid clause, four shall retire of the expiration of the first three years and four shall retire after the expiration of the next three years; |
| of the members referred to in paragraph (c) of the aforesaid clause,- |
| 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 |
| one elected on the seat reserved for technocrat shall retire after the first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years; |
Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.
| he is a citizen of Pakistan; |
| he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in- |
| any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and |
| any area in a Province from which she seeks membership for election to a seat reserved for women. |
| he is of unsound mind and has been so declared by a competent court; or |
| he is an undischarged insolvent; or |
| he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or |
| he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or |
| he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or |
| being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or |
| he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release; or |
| he has been, on conviction for any offence involving moral turpitude, senteced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or |
| he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or |
| he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or |
| he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or |
| he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government: |
Provided that the disqualification under this paragraph shall not apply to a person-
| 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; |
| where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holding an office of profit under the company; or |
| where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or |
Explanation:- In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.
| an office which is not whole time office remunerated either by salary or by fee; |
| the office of Lumbardar, whether called by this or any other title; |
| the Qaumi Razakars; |
| any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or |
Explanation: For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.
| resigns from membership of his political party or joins another Parliamentary Party; or |
| votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to- |
| election of the Prime Minister or the Chief Minister; or |
| a vote of confidence or a vote of no-confidence; or |
| a Money Bill or a Constitution (Amendment) Bill; |
he may be declared in writing by the Party Head to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Explanation: "Party Head" means any person, by whatever name called, declared as such by the Party.
| "House" means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be. |
| "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be. |
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative."
| A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall he presented to the President for assent. |
| If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the Hosue in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent. |
| If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent. |
| In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" means the Federal Legislative List and the in the Fourth Schedule." |
Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Sentate which may, within fourteen days, make recommendations thereon to the National Assembly."
| The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent." |
| in clause (1), for the word "thirty", the word "ten" shall be substituted; |
| for clause (2), the following shall be substited, namely:- |
| When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting; it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given." |
| in clause (1), before the words "National Assembly" the words "Senate or" shall be inserted; |
| in clause (2), in paragraph (a),- |
"Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once."
Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:
Provided further that extension for a further period may be made only once.
| an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and |
| an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid." |
| Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation. |
| In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers." |
| There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions. |
| The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President. |
| After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister. |
| The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: |
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.
Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.
Provided that nothing in this clause shall apply to a Minister who is a member of the Senate.
| for the brackets and figures "(7) and (8)" the brackets and figures "(9) and (10)" shall be substituted; and |
| in the proviso, for full stop at the end a colon shall be substituted and thereafter the following provisos shall be inserted, namely:- |
"Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010."
| in clause (2), for the word "President" occurring for the first time the words "Federal Government" shall be substituted and for the words "in his name" the words "in the name of the President" shall be substituted; and |
| for clause (3), the following shall be substituted, namely:- |
| The Federal Government shall also make rules for the allocation and transaction of its business. |
| There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister. |
| "104. | Speaker Provincial Assembly to act as, or perform functions of Governor in his absence:
When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions." |
| in clause (1), after the word "act" the words "on and" shall be inserted, and in the proviso, after the word "that" the words "within fifteen days" shall be inserted and after the word "shall" the commas and words ", within ten days, " shall be inserted; and |
| for clause (3) the following shall be substituted, namely:- |
| appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and |
| appoint a care-taker Cabinet." |
| General seats | Women | Non-Muslims | Total |
|---|
| Balochistan | 51 | 11 | 3 | 65 |
| Khyber Pakhtunkhwa | 99 | 22 | 3 | 124 |
| Punjab | 297 | 66 | 8 | 371 |
| Sindh | 130 | 29 | 9 | 168 |
| he is a citizen of Pakistan; |
| he is not less than eighteen years of age; |
| his name appears on the electoral roll; and |
| he is not declared by a competent court to be of unsound mind. |
| 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; |
| each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (3); |
| the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party in the Provincial Assembly: |
Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates."
Explanation: Reference in this Article to 'Chief Minister' shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed.
| in clause (2), for the word "thirty" , the word "ten" shall be substituted; |
| in clause (3), for the words "not withhold his assent therefrom" the words "give his assent within ten days, failing with such assent shall be deemed to have been given" shall be substituted; and |
| in clause (4), after the word "assented" the words "or is deemed to have assented" shall be inserted. |
"Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once."
| Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister. |
| In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers." |
| There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. |
| The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor. |
| After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister. |
| The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly: |
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.
Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.
Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
| "131. | Governor to be kept informed:
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly." |
| in clause (2), for the word "Governor" occurring for the first time the words "Provincial Government" shall be substituted and for the words "in his name" the words "in the name of Governor" shall be substituted; and |
| for clause (3), the following shall be substituted, namely:- |
| The Provincial Government shall also make rules for the allocation and transaction of its business. |
| Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatitves of the local governments. |
| Elections to the local governments shall be held by the Election Commission of Pakistan. |
| Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence." |
| Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any mattter not enumerated in the Federal Legislative List." |
| Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province." |
| "143. | Inconsistency between Federal and Provincial Law:
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void." |
| for the word "two" the word "one" shall be substituted; and |
| for the words "either List" the words "the Federal Legislative List" , shall be substituted. |
"Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days."
| the Prime Minister who shall be the Chairman of the Council; |
| the Chief Ministers of the Provinces; |
| three members from the Federal Government to be nominated by the Prime Minister from time to time." |
| The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions." |
| The Council shall be constituted within thirty days of the Prime Minister taking oath of office. |
Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter."
| the Prime Minister, who shall be the Chairman of the Council; |
| the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and |
| four other members as the Prime Minister may nominate from time to time. |
"Provided that the Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned"
| In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments may move the Council of Common Interests for resolution of the dispute. |
| The share of the Provinces in each Award of National Finance Commission shall not be less than the share given to the Provinces in the previous Award. |
| the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of natural gas is situated; |
| the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated. |
| A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council. |
| The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier. |
| The other terms and conditions of service of the Auditor-General shall be determined, by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President. |
| The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Audior-General, who shall determine the extent and nature of such audit. |
| in clause (2), for the word "within" occurring for the second time the word "beyond" shall be substituted; and |
| after clause (2) amended as aforesaid, the following new clause shall be inserted, namely:- |
| Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters adjacent thereto shall vest jointly and equally in that Province and the Federal Government. |
"Explanation:- The words "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory."
| There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided. |
| For appointment of Judges of the Supreme Court, the Commission shall consist of-- |
Chairman
| Chief Justice of Pakistan; |
Members
| two most senior Judges of the Supreme Court; |
Member
| a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the two member Judges, for a period of two years; |
Member
| Federal Minister for Law and Justice; |
Member
| Attorney-General for Pakistan; and |
Member
| a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years. |
Member
| Chief Justice of the High Court to which the appointment is being made; |
Member
| the most senior Judge of that High Court; |
Member
| Provincial Minister for Law; and |
Member
| a senior advocate to be nominated by the Provincial Bar Council for a period of two years: |
Provided that for appointment of Chief Justice of a High Court, the most senior Judge of the Court shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the two member Judges of the Commission in clause (2):
Provided further that if for any reason the Chief Justice of High Court is not available, he shall also be substituted in the manner as provided in the foregoing proviso.
Member
| Chief Justice of the Islamabad High Court; and |
Member
| the most senior Judge of that High Court |
Provided that for initial appointment of the Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis , apply.
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to clause (5) shall, mutatis mutandis , apply.
| four members from the Senate; and |
| four members from the National Assembly. |
Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period, in which case the Commission shall send another nomination.
| The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointment by the President in accordance with Article 175A." |
| The Chief Justice and each of the other Judges of a High Court shall be appointed by the President in accordance with Article 175A." |
"Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court."
| The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad." |
| after the word Abbottabad, the comma and the word ", Mingora" shall be inserted; and |
| after the word "Sibi" occurring at the end, the words "and Turbat" shall be added. |
Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order in made."
| in clause (1), the proviso shall be omitted; and |
| clause (4) shall be omitted. |
| in clause (2), after the word "President" occurring at the end the words, figures and letters "in accordance with Article 175A" shall be inserted; |
| in clause (3A), for the words "who are well-versed in Islamic law" the words and comma "having at least fifteen years experience in Islamic law, research or instruction" shall be substituted; |
| in clause (4), in the proviso, the words "for a period exceeding two years" shall be omitted; |
| for clause (4B) the following shall be substituted, namely:- |
| The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court." |
Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause."
| may be incapable of property performing the duties of his office by reason of physical or mental incapacity; or |
| may have been guilty of misconduct, |
| in clause (1), the words "in his discretion" shall be omitted; |
| after clause (2), the following new clauses shall be inserted, namely:- |
| The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person. |
Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name:
Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate:
Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the Parliamentary Committee shall comprise the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis , apply."
"Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent."
| in paragraph (a), for the semicolon and the word " ; and " a full stop shall be substituted; and |
| paragraph (b) shall be omitted. |
| For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this Article." |
| The Commissioner who shall be the Chairman of the Commission; and |
| four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213." |
| for the word "Commissioner" the word "Commission" shall be substituted; and |
| in paragraph (c), for the full stop at the end a semi colon shall be substituted and after paragraph (c) amended as aforesaid, the following new paragraphs shall be added; namely:- |
| the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and |
| A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day." |
Provided that the care-taker Prime Minister shall be selected by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assmembly:
Provided further that the Members of the Federal and Pronvicial care-taker Cabinets shall be appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case may be.
Explanation:- In this clause "immediate family members" means spouse and children.
| When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such seat." |
| "226. | Election by secret ballot.-
All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot." |
"Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be required:
Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days."
| the words "or otherwise" shall be omitted; and |
| for the words "at a joint sitting" the words "by each House separately" shall be substituted. |
| in clause (1A), for the words "in his discretion" the words "on the advice of the Prime Minister" shall be substituted; and |
| after clause (1A) amended as aforesaid the following new clause shall be inserted, namely:- |
| The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor on advice of the Chief Minister." |
| The Federal Government shall have control and command of the Armed Forces. |
| Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President. |
| The President shall subject to law, have power- |
| to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and |
| to grant Commissions in such Forces. |
| the Chairman, Joint Chiefs of Staff Committee; |
| the Chief of the Army Staff; |
| the Chief of the Naval Staff; and |
| the Chief of the Air Staff, |
| in sub-paragraph (i), for the word "Baluchistan" the word "Balochistan" and for the words "North West Frontier" the words "Khyber Pakhtunkhwa" shall be substituted and the word "and" at the end shall be omitted; and |
| after sub-paragraph (ii), the following new sub-paragraphs shall be inserted, namely:- |
| Tribal Areas adjoining Lakki Marwat District; and |
Provided that this power shall be available for a period of one year from the commencement of the Act.
| in clause (1), the words, commans, brackets and figures "under which, in consequence of the result of the referendum held on the nineteenth day of December, 1984, General Mohammad Zia-ul-Haq became the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41" shall be omitted; and |
| for clause (6), the following shall be substituted, namely:- |
| The laws referred to in clause (1) may be amended by the appropriate Legislature in the manner provided for amendment of such laws." |
| The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executivce's Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) and Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), notwithstanding any judgment of any court including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect. |
| Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all laws including President's Orders, Acts, Ordinances, Chief Executive Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of October, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority. |
Explanation:- For the purposes of clause (2) and clause (6), "competent authority" means,-
| in respect of Presidents' Orders, Ordinances, Chief Executive's Orders and all other laws, the appropriate Legislature; and |
| in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter or amend the same vests under the law. |
| Judges of the Supreme Court, High Cours and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (I of 2000), shall be deemed to have continued to hold the office as a Judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly. |
| Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office (Judges) Order, 2000, (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation. |
| "270BB. | General Elections 2008.-
Notwithstanding anything contained in the Constitution or any other law for the time being in force, the General Elections 2008, to the National Assembly and the Provincial Assemblies held of the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect accordingly." |
| in the Oath prescribed for the Prime Minister, for the figure "3" occurring in the brackets, the figure "5" shall be substitued; |
| in the Oath prescribed for the Chief Minister or Provincial Minister, for the figures and brackets "131(4)" the figures and brackets "130(5)" shall be substitued; |
| in the Oath prescribed for the Speaker of a Provincial Assembly, for the words "I will discharge" the words and comma "and whenever I am called upon to act as Governor, I will discharge" shall be substituted; and |
| for the Oath prescribed for the Chief Justice or a Judge of the Federal Shariat Court, the following shall be substituted, namely:- |
[Article 203C(7)]
(In the name of Allah, the most Beneficient, the most Merciful.)
I, ______________________, do solemnly swear that I will bear true faith and allegiance to Pakistan:
That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), I will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law:
That I will not allow my personal interest to influence my official conduct or my official decisions:
That I will abide by the code of conduct issued be the Supreme Judicial Council:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will.
| International treaties, conventions and agreements and International arbitration. |
