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  #71  
Old Tuesday, June 15, 2010
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Expenditure charged upon Provincial Consolidated fund.

121. The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund:--
(a) the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to—
(i) the Judges of the High Court; and
(ii) the Speaker and Deputy Speaker of the Provincial Cabinet.
(b) the administrative expenses, including the remuneration payable to officers and servants of the High Court and the Secretariat of the Provincial Assembly;(
c) all debt charges for which the Provincial Government 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 Consolidated Fund;
(d) any sums required to satisfy any judgment, decree or award against the Province by any court or tribunal; and
(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.

Procedure relating to Annual Budget Statement.

122. (1) So much of the Annual Budget Statement as relates to expenditure charged upon the Provincial Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the Provincial Assembly.
(2) So much of the Annual Budget Statement 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 subject 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 Provincial Assembly, whichever occurs later, a demand shall be deemed to have been assented to unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Provincial Government.

Authentication of schedule of authorised expenditure.

123. (1) The Chief Minister shall authenticate by his signature a schedule specifying—
(a) the grants made or deemed to have been made by the Provincial Assembly under Article 122, and
(b) the several sums required to meet the expenditure charged upon the Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Assembly.
(2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion or vote thereon.
(3) Subject to the Constitution, no expenditure from the Provincial Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2).

Supplementary and excess grant.

124. If in respect of any financial year it is found—
(a) that the amount authorised 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 Budget Statement for that year; or
(b) 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 Government shall have power to authorise expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the Provincial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement.

Votes on account.

125. Notwithstanding 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 122 of the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

Power to authorise expenditure when Assembly stands dissolved.

126. Notwithstanding any thing contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorise expenditure from the Provincial Consolidated Fund 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 122 for the voting of grants and the authentication of the schedule of authorised expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.

127. Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that—
(a) any reference in those provisions to Majlis-e-Shoora (Parliament), a House or the National Assembly shall be read as a reference to the Provincial Assembly;
(b) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(c) any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government;
(d) any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister;
(f) any reference in those provisions to the National Assembly of Pakistan shall be read as a reference to the Provincial Assembly in existence immediately before the commencing day; and
(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “seventy” were substituted.

Power of Governor to promulgate Ordinances.

128. (1) The Governor 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 Ordinance as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance—
(a) shall be laid before the Provincial Assembly and shall stand repealed at the expiration of three months 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 resolution; and
(b) may be withdrawn at any time by the Governor.
(3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.

Chapter 3- The Provincial Government

Exercise of executive authority of the Province.

129. The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

The Cabinet.

130. (1) 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.
(2) The Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the Provincial Assembly.
(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty-eight, in accordance with the provisions of the Constitution.
(3) The person appointed under clause (2) (or, as the case may be, invited under clause (2A)) shall before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.
(4) The Cabinet shall be collectively responsible to the Provincial Assembly.
(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.
(6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.
(7) A Minister 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 Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.
(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.
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  #72  
Old Tuesday, June 15, 2010
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Expenditure charged upon Provincial Consolidated fund.

121. The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund:--
(a) the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to—
(i) the Judges of the High Court; and
(ii) the Speaker and Deputy Speaker of the Provincial Cabinet.
(b) the administrative expenses, including the remuneration payable to officers and servants of the High Court and the Secretariat of the Provincial Assembly;(
c) all debt charges for which the Provincial Government 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 Consolidated Fund;
(d) any sums required to satisfy any judgment, decree or award against the Province by any court or tribunal; and
(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be so charged.

Procedure relating to Annual Budget Statement.

122. (1) So much of the Annual Budget Statement as relates to expenditure charged upon the Provincial Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the Provincial Assembly.
(2) So much of the Annual Budget Statement 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 subject 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 Provincial Assembly, whichever occurs later, a demand shall be deemed to have been assented to unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Provincial Government.

Authentication of schedule of authorised expenditure.

123. (1) The Chief Minister shall authenticate by his signature a schedule specifying—
(a) the grants made or deemed to have been made by the Provincial Assembly under Article 122, and
(b) the several sums required to meet the expenditure charged upon the Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Assembly.
(2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion or vote thereon.
(3) Subject to the Constitution, no expenditure from the Provincial Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the Provincial Assembly as required by clause (2).

Supplementary and excess grant.

124. If in respect of any financial year it is found—
(a) that the amount authorised 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 Budget Statement for that year; or
(b) 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 Government shall have power to authorise expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the Provincial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement.

Votes on account.

125. Notwithstanding 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 122 of the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

Power to authorise expenditure when Assembly stands dissolved.

126. Notwithstanding any thing contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorise expenditure from the Provincial Consolidated Fund 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 122 for the voting of grants and the authentication of the schedule of authorised expenditure in accordance with the provisions of Article 123 in relation to the expenditure.

Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.

127. Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that—
(a) any reference in those provisions to Majlis-e-Shoora (Parliament), a House or the National Assembly shall be read as a reference to the Provincial Assembly;
(b) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(c) any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government;
(d) any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister;
(f) any reference in those provisions to the National Assembly of Pakistan shall be read as a reference to the Provincial Assembly in existence immediately before the commencing day; and
(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “seventy” were substituted.

Power of Governor to promulgate Ordinances.

128. (1) The Governor 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 Ordinance as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance—
(a) shall be laid before the Provincial Assembly and shall stand repealed at the expiration of three months 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 resolution; and
(b) may be withdrawn at any time by the Governor.
(3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.

Chapter 3- The Provincial Government

Exercise of executive authority of the Province.

129. The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

The Cabinet.

130. (1) 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.
(2) The Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the Provincial Assembly.
(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty-eight, in accordance with the provisions of the Constitution.
(3) The person appointed under clause (2) (or, as the case may be, invited under clause (2A)) shall before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.
(4) The Cabinet shall be collectively responsible to the Provincial Assembly.
(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.
(6) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.
(7) A Minister 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 Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.
(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.
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  #73  
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131. Duties of Chief Minister in relation to Governor.

It shall be the duty of the Chief Minister—
(a) to communicate to the Governor all decisions of the Cabinet relating to the administration of the affairs of the Province and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for consideration of the Cabinet any matter on which a decision has been taken by the Chief Minister or a Minister but which has not been considered by the Cabinet.

132. Provincial Ministers.

(1) Subject to clauses (7) and (8) of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister.
(2) Before entering upon office, a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule.
(3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the chief Minister.

133. Chief Minister continuing in office.

The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister.

134. Resignation by Chief Minister.

Omitted by P.O. No.14 of 1985, Art.2 and Sch.

135. Provincial Minister performing functions of Chief Minister.

Omitted by P.O. NO. 14 of 1985, Art.2 and Sch.

136. Vote of non-confidence against Chief Minister

(1) A resolution for a vote of non-confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly.
(2) A resolution referred to in clause (1) 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.
(3) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office.
137. Extent of executive authority of Province.

Subject to the Constitution, the executive authority of the Province shall extend to the matters with respect to which the Provincial Assembly has power to make laws:
Provided that, in any matter with respect to which both Majlis-e-Shoora (Parliament) and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by Majlis-e-Shoora (Parliament) upon the Federal Government or authorities thereof.

138. Conferring of functions on subordinate authorities.

On the recommendation of the Provincial Government, the Provincial Assembly may by law confer functions upon officers or authorities subordinate to the Provincial Government

139. Conduct of business of Provincial Government.

(1) All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.
(2) The Governor shall by rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.
(3) The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government.

140. Advocate General for a Province.

(1) The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of the High Court, to be the Advocate-General for the Province.
(2) It shall be the duty of the Advocate-General to give advice to the Provincial Government 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.
(3) The Advocate-General shall hold office during the pleasure of the Governor.
(4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.

140A. 1Each 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 government
1 New Article 140 A ins.by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,.

Part V

Relation Between Federation And Provinces

Chapter 1- Distribution of legislative Powers

141. Extent of Federal and Provincial laws.

Subject to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.

142. Subject-matter of Federal and Provincial laws.

Subject to the Constitution—
(a) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
(b) Majlis-e-Shoora (Parliament) , and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
(c) a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and
(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.

143. Inconsistency between Federal and Provincial laws

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, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of Majlis-e-Shoora (Parliament), 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.
.
144. Power of Majlis-e-Shoora (Parliament) to legislate for two or more Provinces by consent.

(1) If two or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in either List in the Fourth Schedule, it shall be lawful for Majlis-e-Shoora (Parliament) 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 2-Administrative Relations Between Federation and Provinces

145. Power of President to direct Governor to discharge certain functions as his Agent.

(1) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.
(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

146. Power of Federation to confer powers, etc., on Provinces, in certain cases.

(1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers functions in relation to any matter to which the executive authority of the Federation extends.
(2) An Act of Majlis-e-Shoora (Parliament) 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.
(3) 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 Federation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice 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.

147. Power of the Provinces to entrust functions to the Federation.

Notwithstanding anything contained in the Constitution, the government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends.

148. Obligation of Provinces and Federation

(1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province.
(2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province.
(3) It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.

149 Direction to Provinces in certain cases

(1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.
(2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Federal law which relates to a matter specified in the Concurrent Legislative List and authorizes the giving of such directions.
(3) The executive authority of the Federation 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.
(4) The executive authority of the Federation 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 tranquility or economic life of Pakistan or any part thereof.

150. Full faith and credit for public acts, etc.

Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceedings of every Province.

151. Inter-Provincial trade

(1) Subject to clause (2), trade, commerce and inter-course throughout Pakistan shall be free.
(2) Majlis-e-Shoora (Parliament) 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 required in the public interest.
(3) A Provincial Assembly or a Provincial Government shall not have power to—
(a) 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
(b) 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.
(4) An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of any essential commodity shall not, if it was made with the consent of the President, be invalid.

152. Acquisition of land for Federal purposes.

The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which Majlis-e-Shoora (Parliament) has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or, if the land belongs to the province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan.

152A. Omitted by Act No.III/2003,dt 31-12-2003

153 Council of Common Interests.

(1) There shall be a Council of Common Interests, in this Chapter referred to as the Council, to be appointed by the President.
(2) The members of the Council shall be –
(a) the Chief Ministers of the Provinces, and
(b) an equal number of members from the Federal Government to be nominated by the prime Minister from time to time.
(3) The Prime Minister, if he is a member of the Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman.
(4) The Council shall be responsible to Majlis-e-Shoora (Parliament).

154. Functions and rules of procedure.

(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and, in so far as it is in relation to the affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise supervision and control over related institutions.
(2) The decisions of the Council shall be expressed in terms of the opinion of the majority.
(3) Until Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the Council may make its rules of procedure.
4) Majlis-e-Shoora (Parliament) in joint sitting may from time to time by resolution issue directions through the Federal Government to the Council generally or in a particular matter to take action as Majlis-e-Shoora (Parliament) may deem just and proper and such directions shall be binding on the Council.
(5) If the Federal Government or a Provincial Government is dissatisfied with a decision of the Council, it may refer the matter to Majlis-e-Shoora (Parliament) in a joint sitting whose decision in this behalf shall be final.

155. Complaints as to interference with water supplies.

(1) If the interests of a Province, the Federal Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural source of supply have been or are likely to be affected prejudicially by
(a) any executive act or legislation taken or passed or proposed to be taken or passed, or
(b) 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 Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.
(2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request 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 Commission.
(3) Until Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the provisions of the Pakistan commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the council or the Commission were a Commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred.
(4) After considering the report and supplementary report, if any, of the Commission, the Council shall record its decision on all matters referred to the Commission.
(5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor.
(6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the council, 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 subject of complaint to the Council under this Article.

156. National Economic Council.

(1) The President shall constitute a National Economic Council consisting of the Prime Minister, who shall be its Chairman, and such other members as the President may determine:
Provided that the President shall nominate one member from each Province on the recommendation of the Government of that Province.
(2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments, 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 Chapter 2 of Part II.

157. Electricity.

(1) The Federal Government 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 lines.
(2) The Government of a Province may –
(a) to the extent electricity is supplied to that Province from the national grid, require supply to be made in bulk for transmission and distribution within the Province;
(b) levy tax on consumption of electricity within the Province;
(c) construct power houses and grid stations and lay transmission lines for use within the Province; and
(d) determine the tariff for distribution of electricity within the Province.

158. Priority of requirements of natural gas.

The Province in which a well-head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the requirements from that well-head, subject to the commitments and obligations as on the commencing day.

159. Broadcasting and telecasting.

(1) The Federal Government shall not unreasonably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government—
(a) to construct and use transmitters in the Province; and
(b) to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province:
Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorized by the Federal Government, or over the use of receiving apparatus by person so authorized.
(2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government.
(3) Any Federal 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.
(4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan.
(5) Nothing in this Article shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquility of Pakistan or any part thereof.

Part VI

Finance, Property , Contracts and Suits

Chapter 1- Finance

Distribution of Revenues between the Federation and the Provinces

160. National Finance Commission

(1) Within six months of the commencing day and thereafter at intervals not exceeding five years, the President shall constitute a National Finance Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial Governments, and such other persons as may be appointed by the President after consultation with the Governors of the Provinces.
(2) It shall be the duty of the National Finance Commission to make recommendations to the President as to—
(a) the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3);
(b) the making of grants-in-aid by the Federal Government to the Provincial Governments;
(c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution; and
(d) any other matter relating to finance referred to the Commission by the President.
(3)The taxes referred to in paragraph (a) of clause (2
are the following taxes raised under the authority of
Majlis-e-Shoora (Parliament), namely:-
(i) taxes on income, including corporation tax but not including taxes on income consisting of remuneration paid out of the Federal Consolidated Fund;
(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed;
(iii) export duties on cotton, and such other export duties as may be specified by the President;
(iv) such duties of excise as may be specified by the President; and
(v) such other taxes as may be specified by the President.
(4) As soon as may be after receiving the recommendations of the National Finance Commission, the President shall, by Order, specify, in accordance with the recommendations of the Commission under paragraph (a) of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the provision of Article 78 shall not form part of the Federal Consolidated Fund.
(5) The recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies.
(6) At any time before an Order under clause (4) is made, the President may, by Order, make such amendments or modifications in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient.
(7) The President may, by Order, make grants-in-aid of the revenues of the Provinces in need of assistance and such grants shall be charged upon the Federal Consolidated Fund. .
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161. Natural gas and hydro-electric power.

(1) Notwithstanding the provisions of Article 78 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.
(2) The net profits earned by the Federal Government, or any undertaking established or administered by the Federal Government 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.
Explanation.—For the purposes of this clause “net profits” 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 Council of Common Interests, the operating expenses of the station, which shall 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.

162. Prior sanction of President required to Bills affecting taxation in which Provinces are interested.

No Bill 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 “agricultural income” as defined for the purposes of the enactments relating to income-tax, as defined for the purposes of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous sanction of the President.

163. Provincial taxes in respect of professions, etc.

A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of Majlis-e-Shoora (Parliament), 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 Provisions

164. Grants out of Consolidated Fund.

The Federation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which Majlis-e-Shoora (Parliament) or, as the case may be, a Provincial Assembly may make laws.

165 Exemption of certain public property from taxation.
(1) The Federal Government shall not, in respect of its property or income, be liable to taxation under any Act of Provincial Assembly and, subject to clause (2) a Provincial Government shall not, in respect of its property or income, be liable to taxation under Act of Majlis-e-Shoora (Parliament) or under Act of the Provincial Assembly of any other Province.
(2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government 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 Majlis-e-Shoora (Parliament) or under Act of the Provincial Assembly of the Province in which that trade or business is carried on.
(3) Nothing in this Article shall prevent the imposition of fees for services rendered.

165A. Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain corporations, etc.

(1) For the removal of doubt, it is hereby declared that Majlis-e-Shoora (Parliament) 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 Federal law or a Provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly of indirectly, by the Federal Government or a provincial Government, regardless of the ultimate destination of such income.
(2) 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 Constitution (Amendment) Order, 1985, in exercise of the powers derived from any law referred to in clause (1), or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal, including the Supreme Court and a High Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court, including the supreme Court and a High Court, on any ground whatsoever.
(3) Every judgment or order of any court or tribunal, including the Supreme Court and a High Court, which is repugnant to the provisions of clause (1) or clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever.

Chapter 2- Borrowing and Audit

166. Borrowing by Federal Government.

The executive authority of the Federation extends to borrowing upon the security of the Federal Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of Majlis-e-Shoora (Parliament), and to the giving of guarantees within such limits, if any, as may be so fixed.

167. Borrowing by Provincial Government

(1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund 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.
(2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits fixed under Article 166 are not exceeded give guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund.
(3) A Province may not, without the consent of the Federal Government, raise any loan if there is still outstanding any part of a loan made to the province by the Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such conditions, if any, as the Federal Government may think fit to impose.
.
Audit and Accounts

168. Auditor-General of Pakistan.

(1) There shall be an Auditor-General of Pakistan, who shall be appointed by the President.
(2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.
(3) The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of Majlis-e-Shoora (Parliament) and, until so determined, by Order of the President.
(4) A person who has held office as Auditor-General 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.
(5) The Auditor-General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.
(6) At any time when the office of the Auditor-General is vacant or the Auditor-General is absent 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 Auditor-General and perform the functions of that office.

169. Functions and powers of Auditor-General.

The Auditor-General shall, in relation to--
(a) the accounts of the Federation and of the
Provinces and
(b) the accounts of any authority or body established
by the Federation or a Province, perform
such functions and exercise such powers
as may be determined by or under Act of
Majlis-e-Shoora (Parliament) and, until so
determined, by Order of the President.
170. Power of Auditor-General to give directions as to accounts.
The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such principles and methods as the Auditor-General may, with the approval of the President, prescribe.

171. Reports of Auditor-General.
The reports of the Auditor-General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before the National Assembly and the reports of the Auditor-General relating to the accounts of a Province shall be submitted to the governor of the Province, who shall cause them to be laid before the Provincial Assembly.

Chapter 3 Property, Contracts, Liabilities And Suits

172. Ownerless property.
(1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government.
(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government.
173. Power to acquire property and to make contracts etc.
(1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.
(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government.
(3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.
(4) Neither the President, nor the Governor 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 Federation 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.
(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.
174. Suits and proceedings.
The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province.
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Part VII
The Judicature
Chapter 1 The Court


175. Establishment and Jurisdiction of Courts
(1) There shall be a Supreme Court of Pakistan, a High Court for each Province and such other Courts as may be established by law.
(2) No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within [fourteen] years from the commencing day.

Chapter 2-Supreme Court of Pakistan

176. Constitution of Supreme Court
The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-I-Shoora (Parliament)] or, until so determined, as may be fixed by the President.
177. Appointment of Supreme Court Judges
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan; and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating, not less than fifteen years been an Advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).
178. Oath of Office
Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
179. Retiring Age
1 A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.
1 Subs. by Act No III/2003,dated 31-12-2003

180 Acting Chief Justice
At any time when-
(a) the Office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice 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 Judges of the Supreme Court] to act as Chief Justice of Pakistan.
181. Acting Judges
(1) At any time when-
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court 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 (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.
[Explanation._ In this clause ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court].
(2) An appointment under this Article shall continue in force until it is revoked by the President.
182. Appointment of ad hoc Judges
If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,-
(a) With the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or
(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a Judge of the Supreme Court,
to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.
183. Seat of the Supreme Court
(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.
184. Original Jurisdiction of Supreme Court
(1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
Explanation. _ In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Articles 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court-

(a) if the High Court has on appeal reversed an order of acquittal 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;
(b) if the High Court 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
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-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 [Majlis-I-Shoora (Parliament)] and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
186. Advisory Jurisdiction
(1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

186A Power of Supreme Court to transfer cases
The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
187. Issue and Execution of Processes of Supreme Court
(1) [Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice 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.
(2) 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 jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.
188. Review of Judgments or Orders by the Supreme Court

The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-I-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
189. Decisions of Supreme Court binding on other Courts
Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan.

190. Action in aid of Supreme Court
All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
191. Rules of Procedure
Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

Chapter-3 The High Court

192. Constitution of High Court
(1) a High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.
[(2) The Sind & Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
(3) The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two high Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit].
(4) The jurisdiction of a High Court may, by act of [Majlis-I-Shoora (Parliament)], be extended to any area in Pakistan not forming part of a Province.
193. Appointment of High Court Judges
(1) A Judge of a High Court shall be appointed by the President after consultation-
(a) with the Chief Justice of Pakistan;
(b) with the Governor concerned; and
(c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than 1[forty five] years of age, and-
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day) ; or
(b) he is, and has for a period of not less than ten years been, a member of 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 District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
[Explanation. _ In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office].
(3) In this Article, “District Judge” means Judge of a principal civil Court of original jurisdiction.
Subs. by the Legal Framework Order, 2002(C.E's O. No. 24 of 2002), Art. 3and Sch., for forty years which was further which was further amended by (C.E's O. No. 29 of 2002), Art. 2
194. Oath of Office
Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
195. Retiring age
6 A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
6 Subs by Act No.III/2003,dt 31-12-2003
196. Acting Chief Justice
At any time when-
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court 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 Judges of the High Court, or may request one of the Judges of the Supreme Court] to act as Chief Justice.
197. Additional Judges
At any time when-
(a) the office of a Judge of a High Court is vacant; or
(b) a Judge of High Court is absent or is unable to perform the functions of his office due to any other cause; or
(c) for any reason it is necessary to increase the number of Judges of a High Court,
the President may, in the manner provided in clause (i) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law.
198. Seat of the High Court
[(1)] Each High Court 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) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi, the High Court of Sind shall have a Bench at Sukkur, the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi.
(4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year.
(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-
(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and
(b) for all incidental, supplemental or consequential matters.]
199. Jurisdiction of High Court
(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
(a) on the application of any aggrieved party make an order-
(i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, 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 required by law to do ; or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order-
(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, 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 Forces of Pakistan or as a person subject to such law].
* * * * * * *
(4) Where-
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest [or State property] or of impeding the assessment or collection of public revenues,
the Court 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 Court, for reasons to be recorded in writing, is satisfied that the interim order-
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.
[(4-A) An interim order made by a High Court on an application made to it to question 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 I of the First Schedule or relates to, or is connected with [State 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,2 [Provided that the matter shall be finally decided by the High Court within six months from the date on which interim order is made].
2 * * * * *
(5) In this Article, unless the context otherwise requires,- “person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
“prescribed law officer” means-
(a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate-General for the Province in which the application is made.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for certain words
2 Cl (4B) omitted P.O No 14 of 1985, Art 2 and Sch,.
200 Transfer of High Court
1) The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts:
[Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such transfer is for a period not exceeding [tow years] at a time.
Explanation. _ In this Article “Judge” does not include a Chief Justice [but includes a judge for the time being acting as Chief Justice of a High Court other than a judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196].
a High Court.]
[(4)] A Judge of a High Court who does not accept transfer another High Court under Clause (1) 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 Judge and total service, if any, in the service of Pakistan].
201. Decision of High Court binding on Subordinate Courts
Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it
202 Rules of Procedure
Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any Court subordinate to it.
203. High Court to superintend Subordinate Courts
Each High Court shall supervise and control all Courts subordinate to it.
203A Provisions of Chapter to override other Provisions of Constitution
The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution
203-B. Definitions
In this Chapter, unless there is anything repugnant in the subject or context,_
[(a) “Chief Justice” means Chief Justice of the Court;]
(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203-C;
[(bb) “Judge” means Judge of the Court];
(c)“Law” includes any custom or usage having the force of law but does not include the Constitution, Muslim Personal Law, any law relating to procedure of any Court or Tribunal or, until the expiration of [ten] years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking of insurance practice and procedure; and
* * * * *
203-C. The Federal Shariat Court
(1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
[(2) The Court shall consist of not more than eight Muslim [Judges], including the [Chief Justice], to be appointed by the President].
(3) The [Chief Justice] shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is a or has been a permanent of a High Court Judge.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law.]
(4) The [Chief Justice] and a [Judge] shall hold office for a period not exceeding three years but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a [Judge] for a period exceeding [two years] except with his consent and [, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.
[(4-A) The [Chief Justice], if he is not a Judge of the Supreme Court, and a [Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]
[(4-B) The President may, at any time, by order in writing,-
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other functions as the President may deem fit;
and pass such other order as he may consider appropriate.
Explanation._ In this clause and clause (4-C). “Judge” includes Chief Justice.
(4-C) While he is performing the functions which he is required under clause (4-B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.]
(5) A Judge of High Court who does not accept appointment as a [Judge] 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 Judge and total service, if any, in the service of Pakistan.
(6) The Principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the [Chief Justice] may, with the approval of the President appoint.
(7) Before entering upon office, the [Chief Justice] the and [Judge] shall make before the President or a person nominated by him oath in the form set out, in the Third Schedule.
(8) At any time when the [Chief Justice] or a [Judge] is absent or is unable to perform the functions of the office, the President shall appoint another person qualified for the purpose to act as [Chief Justice] or, as the case may be, [Judge].
(9) A [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same 1remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a [Judge] who is not a Judge of High Court shall be entitled to the same 1[remuneration] , allowances and privileges as are admissible to a Judge of a High Court.
2Provided that where a judge is already drawing a pension for any other posts in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "salary"
2Subs. and added by Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002
[203-CC [Panel of Ulema and Ulema members.] Omitted by the Constitution (Second Amdt) Order, 1981 (P.O No. 7 of 1981), Art. 3, which was previously ins. By P.O. No. 5 of 1981, Art 2.
203-D. Powers, Jurisdiction and Functions of the Court
(1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran’ and the Sunnah of the Holy Prophet, (PBUH), hereinafter referred to as the Injunctions of Islam.
[(1-A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Inunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have it point of view placed before the Court.]
(2) If the Court decides that any law or provision of Law is repugnant to the Injunctions of Islam, it shall set out in its decision.-
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect:
[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 Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal].
(3) If any law or provision of law is held by the Court to be repugnant to the Inunctions of Islam,-
(a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Inunctions of Islam; and
(b) 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 Court takes effect.
[203-DD. Revision and other Jurisdiction of the Court
(1) The Court may call for an 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.
(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorise the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in this own defence.
(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law].
203-E Powers and Procedure of the Court
(1) For the purposes of the performance of its functions the Court shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents.
(2) The court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
(3) The Court shall have the power of a High Court to punish its own contempt.
(4) A party to any proceedings before the Court under clause (1) of Article 203-D may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an Aalim who in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunction of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunction of Islam.
(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
(8) No court-fee shall be payable in respect of any petition or application made to the Court under [Article 203-D].
[(9) The Court shall have power to review any decision given or order made by it].
203-F Appeal to Supreme Court
(1) Any party to any proceedings before the Court under Article 203-D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court:
[Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision].
(2) The provisions of clauses (2) and (3) of Article 203-D and clauses (4) to (8) of Article 203-E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
[(2A) An appeal shall lie to the Supreme Court from any judgement, final order or sentence of the Federal Shariat Court-
(a) if the Federal Shariat Court has on appeal reversed an order of acquittal 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
(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of court.
(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]
(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of –
(a) three Muslim Judges of the Supreme Court; and
(b) not more than two Ulema to be appointed by the President to attend the sitting of the Bench and ad hoc member thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice.
(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
(5) Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a reference to the Shariat Appellate Bench.
(6) While attending sittings of the Shariat Appellate Bench a person, appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction and be entitled to the same privileges, as a Judge of the Supreme Court, and be paid such allowances as the President may determine.]
203-G. Bar of Jurisdiction
Save as provided in Article 203-F, no Court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.
[203-GG. Decision of Court binding on High Court and Courts sub-ordinate to it
Subject to Articles 203-D and 203-F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all Courts subordinate to a High Court.]
203-H Pending proceedings to continue, etc
(1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any Court or tribunal immediately before the commencement of this Chapter or initiated after such ommencement, to be adjourned or stayed by reason only of a petition having been made to the Court 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 Injunctions of Islam; 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.
(2) All proceedings under clause (1) of Article 203-B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.
(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other Court or tribunal.
203-I. [Administrative arrangements, etc., ] Omitted by P.O. 5 of 1982) Art, 8.

203-J. Power to make Rules
(1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:-
(a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court ;
(b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court;
[(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chief Justice;
(d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and
(e) the decision of cases in which the members constituting a Bench are equally divided in their opinion].
(3) Until rules are made under clause (1), the Shariat Benches of Superior Court Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.

Chapter 4 General Provisions Relating To The Judicature

[204 (1) In this Article, “Court” means of Supreme Court or a High Court.
(2) A Court shall have power to punish any person who-
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.]
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.] Contempt of Court

205. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule. Remuneration, etc., of Judges

206. [(1) A Judge of the Supreme Court or for a High Court may resign his office by writing under his hand addressed to the President.
[(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court 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 Judge and total service, if any, in the service of Pakistan]. Resignation

207.
(1) A Judge of the Supreme Court or High Court shall not-
(a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
(2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
(3) A person who has held office as a permanent Judge-
(a) of the Supreme Court shall not plead or act in any Court or before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any Court or before any authority within its jurisdiction; and
(c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any Court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent Bench of that High Court to which he was assigned. Judge not to hold Office of Profit, etc

208. Officers and Servants of Courts
The Supreme Court [and the Federal Shariat Court], with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment

209 (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of-
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation. _ For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [otherwise than as Acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the council is absent or is unable to act due to illness or any other cause, then-
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
(5) If, on information 1 [any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court-
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council 2[or the Council may, on its own motion] to inquire into the matter.
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion-
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for certain words
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Supreme Judicial Council

210. (1) For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court 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 Supreme Court.
(2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High Court. Power of Council to enforce attendance of persons, etc

211. The proceedings before the Council, its reports to the President and removal of a Judge under clause (6) of Article 209 shall not be called in question in any court. Bar of Jurisdiction

212. (1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may be Act [Provide for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of-
(a) matters relating to the terms and conditions of persons [who are or have been] in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, 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
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
(2) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal 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 Court or Tribunal [other than an appeal pending before the Supreme Court], shall abate on such establishment]:
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, [Majlis-I- Shoora (Parliament)] by law extends the provisions to such a Court or Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. Administrative Courts and Tribunals
212A. [Establishment of Military Courts or Tribunals.] Omitted by S.R.O. No. 1278 (I) 85, dated 30.12.1985, read with proclamation of withdrawal of Marsh Law dated 30.12.85 see Gaz. Of P. 1985, ext., Pt. I, dated 30.12.85, pp. 431-432, which was previously added by P.O. No. 21 of 1979, Art 2.
“212B. [Establishment of Special Courts for trial of heinous offences.] Replead by the Constitution (Twelfth Amdt) Act, 1991 (14 of 1991), s. 1 (3), (w.e.f. 26th July, 1994), which was previously added by Act 14 of 1991 s. 2, (w.e.f. 27th July, 1991).

Part VIII
Elections
Chapter-1 Chief Election Commissioner and Election Commissions

213. Chief Election Commissioner
There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President [in his discretion.]
[(2) No person shall be appointed to be Commissioner unless he is, or has been a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.
(3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.
214. Commissioner’s oath of office
Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

215. Term of office of Commissioner
(1) The Commissioner shall, subject to this Article, hold office for a term of three years from the day he enters upon his office:
Provided that the National Assembly may by resolution extend the term of the Commissioner by a period not exceeding one year.
(2) The Commissioner shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner.
(3) The Commissioner may, by writing under his hand addressed to the President, resign his office.

216. Commissioner not to hold office of profit
(1) The Commissioner shall not-
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
(2) A person who has held office as Commissioner 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 office:
Provided that-
(a) this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before his appointment as Commissioner from resuming his duties as such Judge on the expiration of his term as Commissioner; and
(b) a person who has held office as Commissioner 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.

217. Acting Commissioner
At any time when-
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause,
a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissioner.
218. Election Commission
1[(1) For the purpose of election of both Houses of Majislis-e-Shora (Parliament), Provincial Assemblies and for election of such other public officers as may be specified by law or until such law is made by the Majislis-e-Shora (Parliament) by Order of the President, a permanent Election Commission shall be constituted in accordance with this Article.]
(2) The Election Commission shall consist of-
(a) the Commissioner, who shall be Chairman of the Commission; and
(b) 2[Four] members, each of whom shall be a Judge of a High Court from each province, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
(3) It shall be the duty of the Election Commission constituted in relation to an election to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,for cl.(1)
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "two"

219. Duties of Commissioner
The Commissioner shall be charged with the duty of-
(a) preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such roll annually;
(b) organising and conducting election to the Senate or to fill casual vacancies in a House or Provincial Assembly; and
(c) appointing Election Tribunals.
220. Executive authorities to assist Commission, etc
It shall be the duty of all executive authorities in the Federation and in the Province to assist the Commissioner and the Election Commission in the discharge of his or their functions.

221. Officers and servants
Until [Majlis-I-Shoora (Parliament)] by law otherwise provides, the Commissioner may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and servants to be employed in connection with the functions of the Commissioner or an Election Commission and for their terms and conditions of employment.

Chapter-2 lectoral Laws and Conduct of Elections

222. Electoral laws
Subject to the Constitution, [Majlis-I-Shoora (Parliament)] may be law provide for-
(a) the allocation of seats in the National Assembly as required by clauses (3) and (4) of Article 51;
(b) the delimitation of constituencies by the Election Commission:
(c) the preparation of electoral rolls, the requirements as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls;
(d) the conduct of election and election petitions; the decision of doubts and disputes arising in connection with elections;
(e) matters relating to corrupt practices and other offences in connection with elections; and
(f) 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 Commissioner or an Election Commission under this part.
223. Bar against double membership
(1) No person shall, at the same time, be a member of-
(a) both Houses;
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than one seat.
(2) Nothing in clause (1) 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.
Explanation._ In this clause, “body” means either House or a Provincial Assembly.
(3) A person to whom clause (2) applies shall not take a seat in either House of the Provincial Assembly to which he has been elected until he has resigned all but one of his seats.
(4) Subject to clause (2) if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), 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.
224. Election dispute
(1) A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately 1[following] preceding 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 on dissolution of an assembly on completion of its term, the president, in his discretion, or , as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a caretaker Cabinet.
(2) When the National 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.
(3) An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.
(4) When, except by dissolution of the National 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.
(5) When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy.
2(6) When a seat reserved for women or non-Muslims in the National Assembly or Provincial Assembly falls vacant, for 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 candidate submitted to the Election Commission for the last general election by the political party whose member has vacated such seat.
2[(7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on Dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the care-taker Cabinet shall not be eligible to contest the immediately following election of such Assembly.]
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "Preceding"
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., Time of election and by-election
225. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of [Majlis-I-Shoora (Parliament)].
226. Elections to be by secret ballot
All elections under the Constitution *** shall be by secret ballot.
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Part VII
The Judicature
Chapter 1 The Court


175. Establishment and Jurisdiction of Courts
(1) There shall be a Supreme Court of Pakistan, a High Court for each Province and such other Courts as may be established by law.
(2) No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within [fourteen] years from the commencing day.

Chapter 2-Supreme Court of Pakistan

176. Constitution of Supreme Court
The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-I-Shoora (Parliament)] or, until so determined, as may be fixed by the President.
177. Appointment of Supreme Court Judges
(1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan; and-
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating, not less than fifteen years been an Advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).
178. Oath of Office
Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
179. Retiring Age
1 A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.
1 Subs. by Act No III/2003,dated 31-12-2003

180 Acting Chief Justice
At any time when-
(a) the Office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice 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 Judges of the Supreme Court] to act as Chief Justice of Pakistan.
181. Acting Judges
(1) At any time when-
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court 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 (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.
[Explanation._ In this clause ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court].
(2) An appointment under this Article shall continue in force until it is revoked by the President.
182. Appointment of ad hoc Judges
If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,-
(a) With the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or
(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a Judge of the Supreme Court,
to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.
183. Seat of the Supreme Court
(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.
184. Original Jurisdiction of Supreme Court
(1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
Explanation. _ In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Articles 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.
185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court-

(a) if the High Court has on appeal reversed an order of acquittal 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;
(b) if the High Court 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
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-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 [Majlis-I-Shoora (Parliament)] and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the Court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
186. Advisory Jurisdiction
(1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

186A Power of Supreme Court to transfer cases
The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
187. Issue and Execution of Processes of Supreme Court
(1) [Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice 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.
(2) 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 jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.
188. Review of Judgments or Orders by the Supreme Court

The Supreme Court shall have power, subject to the provisions of any Act of [Majlis-I-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
189. Decisions of Supreme Court binding on other Courts
Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan.

190. Action in aid of Supreme Court
All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
191. Rules of Procedure
Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.

Chapter-3 The High Court

192. Constitution of High Court
(1) a High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.
[(2) The Sind & Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
(3) The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two high Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit].
(4) The jurisdiction of a High Court may, by act of [Majlis-I-Shoora (Parliament)], be extended to any area in Pakistan not forming part of a Province.
193. Appointment of High Court Judges
(1) A Judge of a High Court shall be appointed by the President after consultation-
(a) with the Chief Justice of Pakistan;
(b) with the Governor concerned; and
(c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than 1[forty five] years of age, and-
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day) ; or
(b) he is, and has for a period of not less than ten years been, a member of 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 District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
[Explanation. _ In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office].
(3) In this Article, “District Judge” means Judge of a principal civil Court of original jurisdiction.
Subs. by the Legal Framework Order, 2002(C.E's O. No. 24 of 2002), Art. 3and Sch., for forty years which was further which was further amended by (C.E's O. No. 29 of 2002), Art. 2
194. Oath of Office
Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
195. Retiring age
6 A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
6 Subs by Act No.III/2003,dt 31-12-2003
196. Acting Chief Justice
At any time when-
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court 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 Judges of the High Court, or may request one of the Judges of the Supreme Court] to act as Chief Justice.
197. Additional Judges
At any time when-
(a) the office of a Judge of a High Court is vacant; or
(b) a Judge of High Court is absent or is unable to perform the functions of his office due to any other cause; or
(c) for any reason it is necessary to increase the number of Judges of a High Court,
the President may, in the manner provided in clause (i) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law.
198. Seat of the High Court
[(1)] Each High Court 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) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi, the High Court of Sind shall have a Bench at Sukkur, the Peshawar High Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi.
(4) Each of the High Courts may have Benches at such other places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year.
(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-
(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and
(b) for all incidental, supplemental or consequential matters.]
199. Jurisdiction of High Court
(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
(a) on the application of any aggrieved party make an order-
(i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, 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 required by law to do ; or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order-
(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, 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 Forces of Pakistan or as a person subject to such law].
* * * * * * *
(4) Where-
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest [or State property] or of impeding the assessment or collection of public revenues,
the Court 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 Court, for reasons to be recorded in writing, is satisfied that the interim order-
(i) would not have such effect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.
[(4-A) An interim order made by a High Court on an application made to it to question 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 I of the First Schedule or relates to, or is connected with [State 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,2 [Provided that the matter shall be finally decided by the High Court within six months from the date on which interim order is made].
2 * * * * *
(5) In this Article, unless the context otherwise requires,- “person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
“prescribed law officer” means-
(a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate-General for the Province in which the application is made.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for certain words
2 Cl (4B) omitted P.O No 14 of 1985, Art 2 and Sch,.
200 Transfer of High Court
1) The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts:
[Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such transfer is for a period not exceeding [tow years] at a time.
Explanation. _ In this Article “Judge” does not include a Chief Justice [but includes a judge for the time being acting as Chief Justice of a High Court other than a judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196].
a High Court.]
[(4)] A Judge of a High Court who does not accept transfer another High Court under Clause (1) 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 Judge and total service, if any, in the service of Pakistan].
201. Decision of High Court binding on Subordinate Courts
Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it
202 Rules of Procedure
Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any Court subordinate to it.
203. High Court to superintend Subordinate Courts
Each High Court shall supervise and control all Courts subordinate to it.
203A Provisions of Chapter to override other Provisions of Constitution
The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution
203-B. Definitions
In this Chapter, unless there is anything repugnant in the subject or context,_
[(a) “Chief Justice” means Chief Justice of the Court;]
(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203-C;
[(bb) “Judge” means Judge of the Court];
(c)“Law” includes any custom or usage having the force of law but does not include the Constitution, Muslim Personal Law, any law relating to procedure of any Court or Tribunal or, until the expiration of [ten] years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking of insurance practice and procedure; and
* * * * *
203-C. The Federal Shariat Court
(1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
[(2) The Court shall consist of not more than eight Muslim [Judges], including the [Chief Justice], to be appointed by the President].
(3) The [Chief Justice] shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is a or has been a permanent of a High Court Judge.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema who are well-versed in Islamic Law.]
(4) The [Chief Justice] and a [Judge] shall hold office for a period not exceeding three years but may be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a [Judge] for a period exceeding [two years] except with his consent and [, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.
[(4-A) The [Chief Justice], if he is not a Judge of the Supreme Court, and a [Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]
[(4-B) The President may, at any time, by order in writing,-
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other functions as the President may deem fit;
and pass such other order as he may consider appropriate.
Explanation._ In this clause and clause (4-C). “Judge” includes Chief Justice.
(4-C) While he is performing the functions which he is required under clause (4-B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.]
(5) A Judge of High Court who does not accept appointment as a [Judge] 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 Judge and total service, if any, in the service of Pakistan.
(6) The Principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the [Chief Justice] may, with the approval of the President appoint.
(7) Before entering upon office, the [Chief Justice] the and [Judge] shall make before the President or a person nominated by him oath in the form set out, in the Third Schedule.
(8) At any time when the [Chief Justice] or a [Judge] is absent or is unable to perform the functions of the office, the President shall appoint another person qualified for the purpose to act as [Chief Justice] or, as the case may be, [Judge].
(9) A [Chief Justice] who is not a Judge of the Supreme Court shall be entitled to the same 1remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a [Judge] who is not a Judge of High Court shall be entitled to the same 1[remuneration] , allowances and privileges as are admissible to a Judge of a High Court.
2Provided that where a judge is already drawing a pension for any other posts in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "salary"
2Subs. and added by Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002
[203-CC [Panel of Ulema and Ulema members.] Omitted by the Constitution (Second Amdt) Order, 1981 (P.O No. 7 of 1981), Art. 3, which was previously ins. By P.O. No. 5 of 1981, Art 2.
203-D. Powers, Jurisdiction and Functions of the Court
(1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran’ and the Sunnah of the Holy Prophet, (PBUH), hereinafter referred to as the Injunctions of Islam.
[(1-A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Inunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have it point of view placed before the Court.]
(2) If the Court decides that any law or provision of Law is repugnant to the Injunctions of Islam, it shall set out in its decision.-
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect:
[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 Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal].
(3) If any law or provision of law is held by the Court to be repugnant to the Inunctions of Islam,-
(a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Inunctions of Islam; and
(b) 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 Court takes effect.
[203-DD. Revision and other Jurisdiction of the Court
(1) The Court may call for an 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.
(2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorise the Court to convert a finding of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in this own defence.
(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law].
203-E Powers and Procedure of the Court
(1) For the purposes of the performance of its functions the Court shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents.
(2) The court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
(3) The Court shall have the power of a High Court to punish its own contempt.
(4) A party to any proceedings before the Court under clause (1) of Article 203-D may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an Aalim who in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunction of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunction of Islam.
(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
(8) No court-fee shall be payable in respect of any petition or application made to the Court under [Article 203-D].
[(9) The Court shall have power to review any decision given or order made by it].
203-F Appeal to Supreme Court
(1) Any party to any proceedings before the Court under Article 203-D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court:
[Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision].
(2) The provisions of clauses (2) and (3) of Article 203-D and clauses (4) to (8) of Article 203-E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.
[(2A) An appeal shall lie to the Supreme Court from any judgement, final order or sentence of the Federal Shariat Court-
(a) if the Federal Shariat Court has on appeal reversed an order of acquittal 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
(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of court.
(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.]
(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of –
(a) three Muslim Judges of the Supreme Court; and
(b) not more than two Ulema to be appointed by the President to attend the sitting of the Bench and ad hoc member thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice.
(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
(5) Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a reference to the Shariat Appellate Bench.
(6) While attending sittings of the Shariat Appellate Bench a person, appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction and be entitled to the same privileges, as a Judge of the Supreme Court, and be paid such allowances as the President may determine.]
203-G. Bar of Jurisdiction
Save as provided in Article 203-F, no Court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.
[203-GG. Decision of Court binding on High Court and Courts sub-ordinate to it
Subject to Articles 203-D and 203-F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all Courts subordinate to a High Court.]
203-H Pending proceedings to continue, etc
(1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any Court or tribunal immediately before the commencement of this Chapter or initiated after such ommencement, to be adjourned or stayed by reason only of a petition having been made to the Court 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 Injunctions of Islam; 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.
(2) All proceedings under clause (1) of Article 203-B of the Constitution that may be pending before any High Court immediately before the commencement of this Chapter shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred.
(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other Court or tribunal.
203-I. [Administrative arrangements, etc., ] Omitted by P.O. 5 of 1982) Art, 8.

203-J. Power to make Rules
(1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:-
(a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court ;
(b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court;
[(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chief Justice;
(d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and
(e) the decision of cases in which the members constituting a Bench are equally divided in their opinion].
(3) Until rules are made under clause (1), the Shariat Benches of Superior Court Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.

Chapter 4 General Provisions Relating To The Judicature

[204 (1) In this Article, “Court” means of Supreme Court or a High Court.
(2) A Court shall have power to punish any person who-
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.]
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.] Contempt of Court

205. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule. Remuneration, etc., of Judges

206. [(1) A Judge of the Supreme Court or for a High Court may resign his office by writing under his hand addressed to the President.
[(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court 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 Judge and total service, if any, in the service of Pakistan]. Resignation

207.
(1) A Judge of the Supreme Court or High Court shall not-
(a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
(2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
(3) A person who has held office as a permanent Judge-
(a) of the Supreme Court shall not plead or act in any Court or before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any Court or before any authority within its jurisdiction; and
(c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any Court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent Bench of that High Court to which he was assigned. Judge not to hold Office of Profit, etc

208. Officers and Servants of Courts
The Supreme Court [and the Federal Shariat Court], with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment

209 (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of-
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation. _ For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [otherwise than as Acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the council is absent or is unable to act due to illness or any other cause, then-
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
(5) If, on information 1 [any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court-
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council 2[or the Council may, on its own motion] to inquire into the matter.
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion-
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for certain words
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Supreme Judicial Council

210. (1) For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court 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 Supreme Court.
(2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High Court. Power of Council to enforce attendance of persons, etc

211. The proceedings before the Council, its reports to the President and removal of a Judge under clause (6) of Article 209 shall not be called in question in any court. Bar of Jurisdiction

212. (1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may be Act [Provide for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of-
(a) matters relating to the terms and conditions of persons [who are or have been] in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, 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
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
(2) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal 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 Court or Tribunal [other than an appeal pending before the Supreme Court], shall abate on such establishment]:
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, [Majlis-I- Shoora (Parliament)] by law extends the provisions to such a Court or Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. Administrative Courts and Tribunals
212A. [Establishment of Military Courts or Tribunals.] Omitted by S.R.O. No. 1278 (I) 85, dated 30.12.1985, read with proclamation of withdrawal of Marsh Law dated 30.12.85 see Gaz. Of P. 1985, ext., Pt. I, dated 30.12.85, pp. 431-432, which was previously added by P.O. No. 21 of 1979, Art 2.
“212B. [Establishment of Special Courts for trial of heinous offences.] Replead by the Constitution (Twelfth Amdt) Act, 1991 (14 of 1991), s. 1 (3), (w.e.f. 26th July, 1994), which was previously added by Act 14 of 1991 s. 2, (w.e.f. 27th July, 1991).

Part VIII
Elections
Chapter-1 Chief Election Commissioner and Election Commissions

213. Chief Election Commissioner
There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President [in his discretion.]
[(2) No person shall be appointed to be Commissioner unless he is, or has been a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.
(3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.
214. Commissioner’s oath of office
Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

215. Term of office of Commissioner
(1) The Commissioner shall, subject to this Article, hold office for a term of three years from the day he enters upon his office:
Provided that the National Assembly may by resolution extend the term of the Commissioner by a period not exceeding one year.
(2) The Commissioner shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner.
(3) The Commissioner may, by writing under his hand addressed to the President, resign his office.

216. Commissioner not to hold office of profit
(1) The Commissioner shall not-
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
(2) A person who has held office as Commissioner 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 office:
Provided that-
(a) this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before his appointment as Commissioner from resuming his duties as such Judge on the expiration of his term as Commissioner; and
(b) a person who has held office as Commissioner 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.

217. Acting Commissioner
At any time when-
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause,
a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissioner.
218. Election Commission
1[(1) For the purpose of election of both Houses of Majislis-e-Shora (Parliament), Provincial Assemblies and for election of such other public officers as may be specified by law or until such law is made by the Majislis-e-Shora (Parliament) by Order of the President, a permanent Election Commission shall be constituted in accordance with this Article.]
(2) The Election Commission shall consist of-
(a) the Commissioner, who shall be Chairman of the Commission; and
(b) 2[Four] members, each of whom shall be a Judge of a High Court from each province, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
(3) It shall be the duty of the Election Commission constituted in relation to an election to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,for cl.(1)
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "two"

219. Duties of Commissioner
The Commissioner shall be charged with the duty of-
(a) preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such roll annually;
(b) organising and conducting election to the Senate or to fill casual vacancies in a House or Provincial Assembly; and
(c) appointing Election Tribunals.
220. Executive authorities to assist Commission, etc
It shall be the duty of all executive authorities in the Federation and in the Province to assist the Commissioner and the Election Commission in the discharge of his or their functions.

221. Officers and servants
Until [Majlis-I-Shoora (Parliament)] by law otherwise provides, the Commissioner may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and servants to be employed in connection with the functions of the Commissioner or an Election Commission and for their terms and conditions of employment.

Chapter-2 lectoral Laws and Conduct of Elections

222. Electoral laws
Subject to the Constitution, [Majlis-I-Shoora (Parliament)] may be law provide for-
(a) the allocation of seats in the National Assembly as required by clauses (3) and (4) of Article 51;
(b) the delimitation of constituencies by the Election Commission:
(c) the preparation of electoral rolls, the requirements as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls;
(d) the conduct of election and election petitions; the decision of doubts and disputes arising in connection with elections;
(e) matters relating to corrupt practices and other offences in connection with elections; and
(f) 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 Commissioner or an Election Commission under this part.
223. Bar against double membership
(1) No person shall, at the same time, be a member of-
(a) both Houses;
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than one seat.
(2) Nothing in clause (1) 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.
Explanation._ In this clause, “body” means either House or a Provincial Assembly.
(3) A person to whom clause (2) applies shall not take a seat in either House of the Provincial Assembly to which he has been elected until he has resigned all but one of his seats.
(4) Subject to clause (2) if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), 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.
224. Election dispute
(1) A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately 1[following] preceding 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 on dissolution of an assembly on completion of its term, the president, in his discretion, or , as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a caretaker Cabinet.
(2) When the National 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.
(3) An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.
(4) When, except by dissolution of the National 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.
(5) When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy.
2(6) When a seat reserved for women or non-Muslims in the National Assembly or Provincial Assembly falls vacant, for 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 candidate submitted to the Election Commission for the last general election by the political party whose member has vacated such seat.
2[(7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on Dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the care-taker Cabinet shall not be eligible to contest the immediately following election of such Assembly.]
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., for "Preceding"
2 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch., Time of election and by-election
225. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of [Majlis-I-Shoora (Parliament)].
226. Elections to be by secret ballot
All elections under the Constitution *** shall be by secret ballot.
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Part IX
Islamic Provisions



227. (1) All existing laws shall be brought in conformity with the Inunctions of Islam as laid down in the Holy Qur’an and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions.
[Explanation. _ In the application of this clause to the personal law of any Muslim sect, the expression “Qur’an and Sunnah” shall mean the Qur’an and Sunnah as interpreted by that sect].
(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.
(3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.

Composition, etc of Islamic Council

228. (1) There shall be constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this Part referred to as the Islamic Council.
(2) The Islamic Council 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 Islam as enunciated in the Holy Qur’an and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.
(3) While appointing members of the Islamic Council, the President shall ensure that-
(a) so far as practicable various schools of thought are represented in the Council;
(b) not less than two of the members are persons each of whom is, or has been a Judge of the Supreme Court or a High Court;
(c) not less than four of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and
(d) at least one member is a woman.
[(4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof].
(5) Subject to clause (6), a member of the Islamic Council shall hold office for a period of three years.
(6) 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 majority of the total membership of the Islamic Council.

Reference by [Majlis-I-Shoora (Parliament)], etc. to Islamic Council

229. The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

Functions of Islamic Council

230. (1) The functions of the Islamic Council shall be-
(a) to make recommendations to [Majlis-I-Shoora (Parliament)] and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Qur’an and Sunnah.
(b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;
(c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and
(d) to compile in a suitable form, for the guidance of [Majlis-I-Shoora (Parliament)] and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.
(2) When, under Article 229, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice.
(3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished:
Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.
(4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit and annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and [Majlis-I-Shoora (Parliament)] and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.

Rules of Procedure

231. The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with approval of the President.
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Emergency Provisions
Proclamation of emergency on account of war, internal disturbance, etc



232. (1) If 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 Government to control, he may issue a Proclamation of Emergency.
(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, --
[(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List;]
(b) the executive authority of the Federation 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
(c) the Federal Government may by Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Government, all or any of the functions of the Government 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 consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the Province:
Provided that nothing in paragraph (c) shall authorise the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.
(3) The Power of [(Majlis-e-Shoora (Parliament)] to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter.
(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of an Act of [Majlis-e-Shoora (Parliament)] which [Majlis-e-Shoora (Parliament)] has under this Article power to make, the Act of [Majlis-e-Shoora (Parliament)], 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 [Majlis-e-Shoora (Parliament)] continuous to have effect, be void.
(5) A law made by [Majlis-e-Shoora (Parliament)], which [Majlis-e-Shoora (Parliament)] would not but for the issue of a Proclamation of Emergency 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 Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
(6) While a Proclamation of Emergency is in force, [Majlis-e-Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.

(7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and -
(a) 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 joint sitting; and
[(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.]
(8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for 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 Senate.

Power to suspend Fundamental Rights, etc., during emergency period

233.
(1) Nothing contained in Articles 15, 16, 17, 18, 19 and 24 shall, while a Proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 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.
(2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.
(3) Every Order made under this Article shall, as soon as may be, be laid before a joint sitting for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.

Power to issue Proclamation in case of failure of constitutional machinery in a Province

234.
(1) If the President, on receipt of a report from the Governor of a Province or otherwise is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed at a joint sitting shall, by Proclamation, –
(a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government 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;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, [Majlis-e-Shoora (Parliament)]; and
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:
Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.
(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
(3) A Proclamation issued under this Article shall be laid before a joint 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 joint sitting and may by like resolution be extended for further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more that six months.

(4) Notwithstanding anything contained in clause (3), if the National 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 of that period unless it has earlier been approved by a resolution of the Senate.

(5) 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 [Majlis-e-Shoora (Parliament)], it shall be competent –
(a) to [Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;
(b) to [Majlis-e-Shoora (Parliament)] in joint sitting, of the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
(c) to the President, when [Majlis-e-Shoora (Parliament)] is not in session, to authorise expenditure from the Provincial consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by [Majlis-e-Shoora (Parliament)] in joint sitting; and
(d) to [Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c).
(6) Any law made by [Majlis-e-Shoora (Parliament)] or the President which [Majlis-e-Shoora (Parliament)] 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 effect 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.

Proclamation in case of financial Emergency

235.
(1) If 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 Governors of the Provinces, or as the case may be, the Governor 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 Federation 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.
(2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province.
(3) 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 Federation.
(4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.

Revocation of Proclamation, etc.

236.
(1) A Proclamation issued under this Part may be varied or revoked by a subsequent Proclamation.
(2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any court.

[Majlis-e-Shoora (Parliament)] may make laws of indemnity, etc.
237.
Nothing in the Constitution shall prevent [Majlis-e-Shoora (Parliament)] from making any law indemnifying any person in the service of the Federal Government or a Provincial Government, 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 XI
Amendment of Constitution


Amendment of Constitution.
238. Subject to this Part, the Constitution may be amended by Act of [Majlis-e-Shoora (Parliament)].

Constitution, amendment Bill.
239. (1) A Bill to amend the Constitution may originate in either House and, when the Bill 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.
(2) If the Bill 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 (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.
(3) If the Bill 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 (1), it shall be reconsidered by the House in which it had originated, and if the Bill 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, subject to the provisions of clause (4), be presented to the President for assent.
(4) A Bill to amend the Constitution 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.
(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.
(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the [Majlis-e-Shoora (Parliament)] to amend any of the provisions of the Constitution.]

PART XII
Miscellaneous
CHAPTER 1, – SERVICES


Appointment to service of Pakistan and conditions of service
240. Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined –
(a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All Pakistan Services, by or under Act of [Majlis-e-Shoora (Parliament)]; and
(b) 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.
Explanation. – In this Article, “All-Pakistan Service” means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of [Majlis-e-Shoora (Parliament)].

Existing rules, etc., to continue
241. Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be, the Provincial Government.

Public Service Commission.
242. (1) [Majlis-e-Shoora (Parliament)] in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to the affairs of the Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
[(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the Preasident in his discretion.]
(2) A Public Service Commission shall perform such functions as may be prescribed by law.

CHAPTER 2. – ARMED FORCES
Command of Armed Forces.


243. (1) The Federal Government shall have control and command of the Armed Forces.
(1A). Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.]
(2) The President shall subject to law, have power. –
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; 1and
(b) to grant Commissions in such Forces.
(c) omitted
2 (3) The President shall in consultation with the Prime Minister shall be -
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of Army Staff;
(c) the Chief of Naval Staff; and
(d) the Chief of Air Staff;
and shall also determine their salaries and allowances
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,
2 Subs. by Act no III/2003 dated 31/12/2003

Oath of Armed Forces.
244. Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.

Functions of Armed Forces.
245. [(1)] The Armed Forces shall, under the directions of the Federal Government defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. Functions of Armed Forces.
[(2)] The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.]

CHAPTER 3. – TRIBAL AREAS
246. In the Constitution, –
(a) “Tribal Areas” means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes –
(i) the Tribal Areas of Baluchistan and the North-West Frontier Province; and
(ii) the former States of Amb, Chitral, Dir and Swat;

(b) “Provincially Administered Tribal Areas” means –
(i) the districts of Chitral, Dir and Swat (which includes Kalam) [the Tribal Area in Kohistan district,] Malakand Protected Area, the Tribal Area adjoining [Mansehra] district and the former State of Amb; and
(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandin Tehsil of Chagai district and Marri and Bugti tribal territories of Sibi district; and
(c) “Federally Administered Tribal Areas” includes –
(i) Tribal Areas, adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
(iv) Tribal Areas adjoining Dera Ismail Khan district;
[(v) Bajaur Agency;
(va) Orakzai Agency;]
(vi) Mohamad Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency; and
(x) South Waziristan Agency.

Administration of Tribal Areas
247. (1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.
(2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.
(3) No Act of [Majlis-e-Shoora (Parliament)] shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal 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 Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.
(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of [Majlis-e-Shoora (Parliament)], and the Governor 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 Tribal Area or any part thereof, situated in the Province.
(5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good government of a Federally Administered Tribal Area or any part thereof.
(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:
Provided that before making any Order under this clause, the President shall ascertain, in such manner, as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.
(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless [Majlis-e-Shoora (Parliament)] by law otherwise provides:
Provided that nothing in this clause shall affect the jurisdiction, which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

CHAPTER 4. – GENERAL
Protection to President, Governor, Minister, etc.
248. (1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective officers or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.

(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing 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.

Legal Proceedings
249. (1) Any legal proceedings which, but for the Constitution, could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation and has, under the Constitution, become the responsibility of a Province, shall be brought by or against Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted.
(2) Any legal proceedings which, but for the Constitution, 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 Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted.

Salaries, allowances, etc., of the President, etc.
250. (1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner.

(2) Until other provision is made by law, –
(a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of State * * a Chief Minister, a Provincial Minister and the Chief Election Commissioner shall be the same as the salaries, allowances and privileges to which the President, the Speaker or Deputy Speaker or member of the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, * * a Chief Minister, a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine.
(3) The salary, allowances and privileges of a person holding officer as –

(a) the President;
(b) the Chairman or Deputy Chairman;
(c) the Speaker of Deputy Speaker of the National Assembly or Provincial Assembly;
(d) a Governor;
(e) the Chief Election Commissioner; or
(f) the Auditor-General.
shall not be varied to his disadvantage during his term of office.

(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as a President but shall not exercise any of the functions of the office of Chairman or Speaker or a member of [Majlis-e-Shoora (Parliament)] or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member.

National language.

251. (1) The National 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.

(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national language.

Special provisions in relation to major ports and aerodromes
252. (1) Notwithstanding anything contained in the Constitution 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 Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.
(2) The 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.

Maximum limits as to property, etc.
253. (1) [Majlis-e-Shoora (Parliament)] may by law –

(a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and

(b) 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 Federal Government or a Provincial Government, or by a corporation controlled by any such Government.

(2) 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 law-fully owned beneficially or possessed beneficially shall be invalid.

Failure to comply with requirement as to time does not render an act invalid.
254. When any act or thing is required by the Constitution 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.

Oath of office.
255. (1) An oath required to be made by a person under the Constitution shall [preferably be made in Urdu or] a language that is understood by that person.
(2) Where, under the Constitution, an oath is required 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.
(3) Where, under the Constitution, a person is required 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.

Private armies forbidden.
256. No private organisation capable of functioning as a military organisation shall be formed, and any such organization shall be illegal.

Provision relating to the State of Jammu and Kashmir.
257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.

Government of territories outside Provinces
258. Subject to the Constitution, until [Majlis-e-Shoora (Parliament)] by law otherwise provides, the President may, by Order, make provision for peace and good government of any part of Pakistan not forming part of a Province.

Awards
259. (1) No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government. Awards.
(2) No title, honour or decoration shall be conferred by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry [, meritorious service in the Armed Forces] [academic distinction or distinction in the field of sports or nursing], as provided by Federal law.
(3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day otherwise than in recognition of gallantry [, meritorious service in the Armed Forces] or academic distinction shall stand annulled.

CHAPTER 5. – INTERPRETATION
Definitions.

260. (1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say, –
Act of “[Majlis-e-Shoora (Parliament)]” means an Act passed by [Majlis-e-Shoora (Parliament)] or the National Assembly and assented to, or deemed to have been assented to, by the President;

“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor;
“Agricultural income” means agricultural income as defined for the purposes of the law relating to income-tax;
“Article” means Article of the Constitution;
”Borrow” includes the raising of money by the grant of annuities, and “loans” shall be construed accordingly;
“Chairman” means Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate;

[“Chief Justice”, in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;]
“Citizen” means a citizen of Pakistan as defined by law;
“Clause” clause means of the Article in which it occurs;
1["consulatation" shall, save in respect of appointments of Judges of the Supreme Court and High Courts, means discussion and deliberations which shall not be binding on the President.]
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,
“Corporation Tax” means any tax on income that is payable by companies and in respect of which the following conditions apply: –
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorised to be made from dividends payable by the companies to individuals;
(c) 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;
“Debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly;
“Estate duty” means a duty assessed on, or by reference to, the value of property passing upon death;
“Existing law” has the same meaning as in clause (7) of Article 268;
“Federal law” means a law made by or under the authority of [Majlis-e-Shoora (Parliament)];
“Financial year” means a year commencing on the first day of July;
“Goods” includes all materials, commodities and articles;
“Governor” means the Governor of a Province and includes any person for the time being acting as the Governor of a Province;
“Guarantee” 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;
“House” means the Senate or the National Assembly;
“Joint sitting” means a joint sitting of the two Houses;
“Judge” in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes –
(a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and
b) in relation to the High Court, a person who is an Additional Judge of the Court;
“Members of the Armed Forces” does not include persons who are not, for the time being, subject to any law relating to the members of the Armed Forces;
“Net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection as ascertained and certified by the Auditor-General;
“Oath” includes affirmation;
“Part” means Part of the Constitution;
“Pension” 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;
“Person” includes any body politic or corporate;
“President” 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 required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan;
“Property” includes any right, title or interest in property, movable or immovable, and any means and instruments of production;
“Provincial law” means a law made by or under the authority of the Provincial Assembly;
“Remuneration” includes salary and pension;
“Schedule” means Schedule to the Constitution;
“Security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such;
“Service of Pakistan” means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, (Attorney General, [Advocate General,] Parliamentary Secretary] or [Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister], or member of a House or a Provincial Assembly;
“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly;
“Taxation” includes the imposition of any tax or duty, whether general, local or special, and “tax” shall be construed accordingly;
“Tax on income” includes a tax in the nature of an excess profits tax or a business profits tax.
(2) In the Constitution “Act of [Majlis-e-Shoora (Parliament)]” or “Federal law” or “Act of Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President or, as the case may be, a Governor.
(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context, –
(a) “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prohethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize 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 Muhammad (peace be upon him); and
(b) “Non-Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.]

Person acting in office not to be regarded as successor to previous occupant or office, etc.
261. For the purpose of the Constitution, a person who acts in 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.

Gregorian calendar to be used.
262. For the purposes of the Constitution, periods of time shall be reckoned according to the Gregorian calendar.

Gender and number.
263. In the Constitution, –
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and words in the plural shall include the singular.

Effect or repeal of laws.
264.
Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution.
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of the law or anything duly done or suffered under the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) 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 6. – TITLE, COMMENCEMENT AND REPEAL
Repeal.
265.
(1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.
Title of Constitution and commencement.
(2) Subject to clauses (3) and (4), the Constitution 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 Gazette, appoint, in the Constitution referred to as the “commencing day”.

(3) The Constitution shall, to the extent necessary –
(a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
(c) for the election of the President and the Prime Minister to be held; and
(d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,
come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.
(4) Where by the Constitution 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 court or office, or the appointment of any Judge or officer 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 provision, then that power may be exercised at any time between the enactment of the Constitution and its commencement.

266. The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President’s Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed.

CHAPTER 7. – TRANSITIONAL
Power of president to remove difficulties.
267. (1) 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 Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.
(2) An Order made under clause (1) 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 joint sitting.

Continuance in force, and adaptation of certain laws.
268. (1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended 1[, expressly or impliedly,] without the previous sanction of the President accorded after consultation with the Prime Minister:
2Provided that the laws mentioned at entries 27 to 30 and entry 35 in the sixth Schedule shall stand omitted after six years.
(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order 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 Order.
(4) The President may authorise the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.
(5) The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.
(6) Any court, tribunal or authority required or empowered to enforce and existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution.
(7) In this Article, “existing laws” means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye-laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day.
Explanation. – In this Article, “In force”, in relation to any law, means having effect as law whether or not the law has been brought into operation.
1 Subs. by the Legal Framework Order, 2002, (C.E's. O. No. 24 of 2002) Art.3 and Sch.,
2 Subs. and added by Act No III/2003, dated 31/12/2003

Validation of laws, acts, etc.
269.
(1) All Proclamations, President’s Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one thousand nine hundred and seventy-one and the twentieth day of April, one thousand nine hundred and seventy-two (both days inclusive), are hereby declared notwithstanding any judgment of any court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever.
(2) 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 December, one thousand nine hundred and seventy-one, and the twentieth day of April, one thousand nine hundred and seventy-two (both days inclusive), in exercise of the powers derived from any President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-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 judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) No 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 (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

Temporary validation of certain laws, etc.
270.
(1) [Majlis-e-Shoora (Parliament)] may by law made in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations,
President’s Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty-fifth day of March, one thousand nine hundred and sixty-nine, and the nineteenth day of December, one thousand nine hundred and seventy-one (both days inclusive).
(2) Notwithstanding a judgment of any court, a law made by [Majlis-e-Shoora (Parliament)] under clause (1) shall not be questioned in any court on any ground, whatsoever.
(3) Notwithstanding the provisions of clause (1), and a judgment 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 (1) shall not be called in questioned before any court on any ground whatsoever.
(4) 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 March, one thousand nine hundred and sixty-nine and nineteenth day of December, one thousand nine hundred and seventy-one (both days inclusive), in exercise of powers derived from any President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-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 judgment 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 [Majlis-e-Shoora (Parliament)] 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 joint sitting and shall not be called in question before any court on any ground, whatsoever.

Affirmation of President’s Orders, etc.
270(A) (1) The Proclamation of the fifth day of July, 1977, all President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P.O. No. 11 of 1984), 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, the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985 (P.O. No. 20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O. No. 24 of 1985), and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever.
Provided that a President’s Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.
(2) 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 July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-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 judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, 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 competent authority.
Explanation, – In this clause, “competent authority” means,
(a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
(4) No 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 (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), 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.
(6) Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.
Explanation. – In this Article “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders”]

Validation and affirmation of laws
270AA.
(l) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1 of 2000), Chief Executive's Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.
(2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made; taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.
(3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, 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 austhority.
Explanation.--In this clause, "competent authority" means,-
(a) in respect of Presidents' Orders, Ordinances, Chief Executive's Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
(4)No 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 (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.".
1Subs by Act No III/2003,dt 31/12/2003
Elections to be deemed to be held under Constitution.
270B. (2) 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 July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-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 judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever.

Oath of Office of Judges, etc
270C
1Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cessation of office shall have effect accordingly.
1New Article added ibid

First National Assembly.
271.
(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, 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 competent authority.

272. Explanation, – In this clause, “competent authority” means, – First [Constitution of] Senate.

273. (a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and
First Provincial Assembly.
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No 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 (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), 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.

(6) Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. – In this Article “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders”]

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.

(2) 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 consequent upon his incurring a disqualification 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.

(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath with 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.

274. (1) All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.

Vesting of property, assets, rights, liabilities and obligations.
(2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government.

(3) All rights, liabilities and obligations of the Federal Government or of the Government 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 Federal Government or of the Government of the Province, except that –

(a) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and

(b) all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of the Federal Government, shall devolve upon the Federal Government.

Continuance in office of persons in service of Pakistan, etc.
275. (1) Subject to the Constitution and until law is made under Article 240 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 Interim Constitution of the Islamic Republic of Pakistan immediately before that day.

(2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as –

(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;

(b) Governor of a Province;

(c) Chief Minister of a Province;

(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;

(f) Attorney-General for Pakistan or Advocate-General for a Province;

(g) Auditor-General of Pakistan.

(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of [Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister 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.

(4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form.

(5) Subject to the Constitution and law –

(a) all civil, criminal and revenue courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and

(b) all authorities and all officers (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions.

Oath of first President.
276. Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly.

Transitional financial, provisions.
277. (1) The schedule or authorized expenditure authenticated by the President for the financial year ending on the thirtieth day of June, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year.

(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of moneys from the Federal Consolidated Fund.

(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose –

(a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
(b) any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
(c) any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province.

Accounts not audited before commencing day.
278. The Auditor-General 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 Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly.

Continuance of taxes
279. Notwithstanding anything contained in the Constitution, 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 Legislature.

280. The Proclamation of Emergency issued on the twenty-third day of November, one thousand nine hundred and seventy-one shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the purposes of clause (7) and clause (8) 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 question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II.] Continuance of Proclamation of Emergency.
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CONSTITUTION OF PAKISTAN
1[ANNEX
(Article 2 A)
The Objectives Resolution


(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 State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;
This Constitutent Assembly representing the people of Pakistan resolves to frame a constitution for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;

1 New Annex ins. by P.O.No.14 of 1985, Art. 2 and Sch.
Wherein adequate provision shall be made for the minorities 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 Federation 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 equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the Judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded;
So 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.]

1[FIRST SCHEDULE]
[Article 8 (3) (b) (4)]
Laws exempted from the operation of Article 8 (1) and (2).
PART I
I. President’s Orders
1. The Acceding State (Property) Order, 1961 (P.O.No. 12 of 1961).
2. The Economic Reforms Order, 1972 (P.O.No.1 of 1972).

II. Regulations

1. The Land Reforms Regulation, 1972.
2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The Economic Reforms (Protection of Industries) Regulation, 1972.
4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
1 The First Schedule as amended by the Constitution (First Amdt.) Act, 1974(33 of 1974.) s.17 (w.e.f. the 4th May, 1974), has been subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s 12 (w.e.f. the 21st November, 1975).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II 0f 1975).
7. 1[7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment)
Regulation, 1976 (II of 1976)].
III. Federal Acts.

1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
3. 2[3. The Flour Milling Control and Development Act, 1976 (LVII of 1976)
4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)].

IV. Ordinances Promulgated by the President.
The Land Reforms (Amendment) Ordinance 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.
1 Entry 7 added by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s.18 (w.e.f. the 13th September, 1976).
2 Entries 3 to 5 added ibid. (w.e.f. the 13th September, 1976).

III. Provincial Acts.
1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).
2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act VII of 1975).

1[VI Provincial Ordinance

The Land Reforms (Pat Feeder Canal)(Amendment) Ordinance, 1976].
1 Sub-heading VI and the entry added by the Constitution (Fifth Amdt). Act, 1976 (62 of 1976) s.18 (w.e.f. the 13th September, 1976).

PART II
I. President’s Orders
1. The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No.8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No. 2 of 1972).
3. The Co-operative Societies (Reforms) Order, 1992 (P.O.No.9 of 1972).
4. The Life Insurance (Nationalization) Order, 1972 (P.O.No.10 of 1972).
5. The Martial Law (Pending Proceedings) Order, 1972 (P.O.No.14 of 1972).
6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O.No. 15 of 1972).
7 The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No. 16 of 1972).
8. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. No. 20 of 1972).

II. Regulations
1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. Improper Acquisition of Property Regulation, 1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
9. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Service (Review Petition) Regulation, 1972.
17. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
18. The Enemy Property (Revocation of Sales) Regulation, 1972.
19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
20. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.
21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer) Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24. The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.
III. Ordinances Promulgated by the President.
1. The Control of Shipping Ordinance, 1959 (XIII of 1959).
2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).
3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961).
4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).
6. The Trade Organisations Ordinance, 1961 (XLV of 1961).

IV. Federal Acts.
The Censorship of Films Act, 1963 (XVIII of 1963)
V. Ordinances Promulgated by the Governor of Former Province of West Pakistan.
1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P.Ordinance No.XI of 1960).
2. The West Pakistan Wakf Properties Ordinance, 1961 (W.P.Ordinance No.XXVIII of 1961).
3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W.P. Ordinance No.IX of 1962).
4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 (W.P.Ordinance No.IV of 1963).
VI. Ordinances Promulgated by the Governor of the North West Frontier Province.
1. The North-West Frontier Province Government Educational and Training Institutions Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971).
2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971) .
3 The North West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. VIII of 1971)].
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