critical appreciation
 

Plz share with me some informition abt 19th & 20th amendments :thinking

[CENTER][B][SIZE="5"][COLOR="DarkRed"]Constitution (Nineteenth Amendment) Act, 2010[/COLOR][/SIZE][/B][/CENTER]


Passed by the National Assembly: December 22, 2010
Passed by the Senate: December 30, 2010
Assented to by the President: January 1, 2011

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;

It is hereby enacted as follows:-
1. Short title and commencement:
(1) This Act may be called the Constitution (Nineteenth Amendment) Act, 2010.

(2) It shall come into force at once.

2. Amendment of Article 81 of the Constitution:
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 81,-
(i) in paragraph (a), in sub-paragraph (i), after the word "Court" occurring at the end, the words "and the Islamabad High Court" shall be added; and
(ii) for paragraph (b), the following shall be substituted, namely:-
"(b) the administrative expenses, including the remuneration payable to officers and servants, of the Supreme Court, the Islamabad High Court, the department of the Auditor-General, the Office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly;"

3. Amendment of Article 175 of the Constitution:
In the Constitution, in Article 175, for the Explanatation, the following shall be substituted, namely:-

Explanation.- Unless the context otherwise requires, the words "High Court" wherever occurring in the Constitution shall include "Islamabad High Court."


4. Amendment of Article 175A of the Constitution:
In the Constitution, in Article 175A,-
(a) in clause (2),-
(i) in paragraph (ii), for the word "two" the word "four" shall be substituted; and
(ii) in paragraph (iii), for the word "two" occurring for the first time, the word "four" shall be susbtituted;
(b) in clause (5),-
(i) for paragraph (iv), the following shall be substituted, namely:-
"(iv) an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for a term of two years:";
and
(ii) for the provisos the following shall be substituted, namely:-

Provided that for appointment of the Chief Justice of a High Court the most Senior Judge mentioned in paragraph (ii) shall not be member of the Commission:

Provided futher that if for any reason the Chief Justice of a High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nomicated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause (2)."

(c) in clause (6), in the first proviso, after the word "the" occurring for the first time, the words "Chief Justice and the" shall be inserted;
(d) in clause (9), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:-

Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members of the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis apply."

;
(e) in clause (12),-
(i) for the proviso the following shall be substituted, namely:-

Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership within the said period:"

(ii) after the proviso substituted as aforesaid, the following new provisos shall be inserted, namely:-

Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to the Commission through the Prime Minister:

Provided further that if a nomination is not confirmed, the Commission shall send another nomination."

(f) for clause (13), the following shall be substituted, namely:-
"(13) The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment."
;
(g) clause (15) shall be renumbered as clause (17) and after the existing clause (14), the following new clauses shall be inserted, namely:-
"(15) The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.

(16) The provisions of Article 68 shall not apply to the proceedings of the Committee."

5. Amendment of Article 182 of the Constitution:
In the Constitution, in Article 182, after the word "Pakistan" the commas, words figure and letter "in consultation with the Judicial Commission as provided in clause (2) of Article 175A," shall be inserted.

6. Amendment of Article 213 of the Constitution:
In the Constitution, in Article 213, in clause (2B),-
(i) for the second proviso, the following shall be substituted, namely:-

Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate."

; and
(ii) in the third proviso, for the words "Parliamentary Committee shall comprise" the words "total membership of the Parliamentary Committe shall consist of" shall be substituted.

7. Amendment of Article 246 of the Constitution.-
In the Constitution, in Article 246,-
(i) in paragraph (a), sub-paragraphs (iii) and (iv) shall be omitted.
(ii) in paragraph (c),-
(a) after sub-paragraph (iii) the following new sub-paragraph shall be inserted, namely:-
"(iiia) Tribal Areas adjoining Lakki Marwat District;"
and
(b) after sub-paragraph (iv) the following new sub-paragraph shall be inserted, namely:-
(iva) Tribal Areas adjoining Tank District;"

[CENTER][SIZE="5"][COLOR="DarkRed"][B]Constitution (Twentieth Amendment) Act, 2012[/B][/COLOR][/SIZE][/CENTER]


President Asif Ali Zardari Has Signed The 20th Amendment Bill.
The bill had already been approved the National Assembly and Senate.
The 20th amendment will now become part of the constitution.

Text of 20th Amendment Bill

It is hereby enacted as follows:-
1. Short title and commencement.- (1) This Act may be called the Constitution (Twentieth Amendment) Act, 2012.
(2) It shall come into force at once.
Amendment of Article 214 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 214,-
(a) in the marginal note, the word “Commissioner’s” shall be’ omitted; and ‘■/■ ‘
(b) after the word “Pakistan”, the commas and words “, and a member of the Election Commission shall make before the Commissioner,” shall be inserted.

Amendment of Article 215 of the Constitution.- In the Constitution, in Article 215,-
in the marginal note, after the word “Commissioner”, the words “and members” shall be added;
in clause (1),-(i) after the word “Commissioner”, the words “and a member” shall be inserted; and
(ii) in the proviso, after the word “incumbent”, the word “Commissioner” shall be added;
(c) in clause (2),~(i) after the word “Commissioner”, occurring for the first time, the words “or a member” shall be inserted; and
(ii) after the word “Commissioner”, at the end, the words and commas “or, as the case may be, a member” shall be added; and
(d) in clause (3), after the word “Commissioner”, the words “or a member” shall be inserted.

4L Amendment of Article 216 of the Constitution.- In the Constitution, in Article 216,-
(a) in the marginal note, after the word “Commissioner”, the words “and members” shall be inserted;
in clause (1), after the word “Commissioner”, the words “or a member” shall be inserted; and
in clause (2), after the word “Commissioner”, occurring for the first time, the words “or a member” shall be inserted.
m Amendment of Article 218 of the Constitution.- In the Constitution, in Article 218, in clause (3), the words “constituted in relation to an election” shall be omitted.
Amendment of Article 219 of the Constitution.- In the Constitution, in
Article 219, in paragraph (e), for the full stop, at the end, a comma shall be ‘ substituted and thereafter the following proviso shall be inserted, namely :-
O) \ “Provided that till such time as the members of the Commission are first
appointed in accordance with the provisions of paragraph (b) of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.”.
W$ Amendment of Article 224 of the Constitution.- In the Constitution, in Article 224, -
(a) in clause (1 A), “ (i) in the first proviso, for the wore! “selected” the word-”appointed” shall be substituted;
(ii) after the proviso, as amended hereinabove, the following new proviso shall be inserted, namely:-
“Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed:” ; and
(Hi) in the second proviso, for the word “further” the word “also” shall be substituted; and
, (b) in clause (6), for the full stop, at the end, a colon shall be
substituted and thereafter the following proviso shall be added,
namely:- .
“Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter”.
Insertion of new Article 224A of the Constitution,- After Article 224, amended as aforesaid, the following new Article shall be inserted, namely:-
“224A. Resolution by Committee or Election Commission.- (1) In case the Prime Minister and the “Leader of the Opposition in the outgoing National Assembly do not agree on any person to be appointed as the care-taker Prime Minister, within three days of the dissolution of the National Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising eight members of the outgoing National Assembly or the Senate, having equal representation from the Treasury and the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.
In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly do not agree on any person to be appointed as the care-taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising eight members of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader of the Opposition respectively.
The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the matter to it:
■’ Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days.
The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care-taker Prime Minister and the care-taker Chief Minister, as the case may be.
Notwithstanding anything contained in clause (1) and-(2), if the members of the opposition are less than five in any Assembly then all of them shall be members of the Committee mentioned in the aforesaid clauses and the ‘ Committee shall be deemed to be duly constituted.”
Amendment of the Second Schedule to the Constitution.- In the Constitution, in the Second Schedule,- . .
(a). in paragraph 1,- (i) for the words “Chief Election Commissioner”, the words “Election Commission of Pakistan” shall be substituted; and
(ii) after the word “and% occurring for the second time, the ‘ words “Chief Election Commissioner” shall be inserted; and
(b) in paragraphs 2 and 22, for the words “Chief Election Commissioner”, the words “Election Commission of (Pakistan” shall be substituted.

6 Amendment of the Third Schedule to the Constitution.- In the Constitution, in the Third Schedule, in the Oath prescribed for the Chief Election Commissioner,-
(a) in the title, after the word “COMMISSIONER”, the words “ OR A MEMBER OF THE ELECTION COMMISSION OF PAKISTAN” shall be added; and,
(b) after the word “Commissioner”, the words and commas “or, as the case may be, member of the Election Commission of Pakistan” shall be inserted.


Amendment to the Constitution (Twentieth Amendment) BUI, 2012
1. New Clause 2
Clauses 2 to 10 shall be renumbered as clauses 3 to 11 respectively and the following new clause 2 shall be inserted, namely,-
“2, Amendment of Article 48 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 48, in clause (5), in paragraph (b), after the word “Cabinet” the words “in accordance with the provisions of Article 224 or, as the case may be, Article 224 A” shall be added.
2. Clause 3
In Clause 3, renumbered as aforesaid, the words and comma “of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution” shall be omitted.
3. Clause 9
In Clause 9 renumbered as aforesaid, in the proposed Article 224A,-
(a)in clause (1), after the word “Senate” the words “or both” shall be inserted.
(b)in clause (2), for the word “eight” the word “six” shall be substituted.
(c) for clause (5) the following shall be substituted namely,-
“(5) Notwithstanding anything contained in clauses (I) and (2), if the members of the Opposition are less than five in the Majlis-e-Shoora (Parliament) and less than four in any Provincial Assembly, then all of them shall be members of the Committee mentioned in the aforesaid clauses and the Committee shall be deemed to be duly constituted.”

Thanks Sir