Pakistan 1973 (reinst. 2002, rev. 2018) Subsequently amended

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;

Freedom of opinion/thought/conscience

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;

Judicial independence

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;

Source of constitutional authority

Now, therefore, we, the people of Pakistan;

God or other deities

Conscious of our responsibility before Almighty Allah and men;

Reference to country's history

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Political theorists/figures

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Reference to country's history

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Reference to fraternity/solidarity

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Source of constitutional authority

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

PART I. Introductory

1. The Republic and its territories

Type of government envisioned
  1. the Provinces of Balochistan, the Khyber Pakhtunkhwa, the Punjab and Sindh;
National capital Accession of territory Official religion

2. Islam to be State religion

Islam shall be the State religion of Pakistan.

2A. The Objectives Resolution to form part of substantive provisions

The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

3. Elimination of exploitation

The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.

4. Right of individuals to be dealt with in accordance with law, etc

Inalienable rights Right to life , Right to protect one's reputation Principle of no punishment without law Principle of no punishment without law

5. Loyalty to State and obedience to Constitution and law

    Loyalty to the State is the basic duty of every citizen.
Duty to obey the constitution

6. High treason

  1. Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.
  2. Any person aiding or abetting or collaborating the acts mentioned in clause (1) shall likewise be guilty of high treason.
  3. An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.
  4. Majlis-e-Shoora (Parliament) shall by law provide for the punishment of persons found guilty of high treason.

PART II. Fundamental Rights and Principles of Policy

7. Definition of the State

In this Part, unless the context otherwise requires, "the State" means the Federal Government, Majlis-e-Shoora (Parliament), a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

CHAPTER 1. FUNDAMENTAL RIGHTS

8. Laws inconsistent with or in derogation of Fundamental Rights to be void

Constitutionality of legislation Constitutionality of legislation
  1. any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or
  2. any of the -
    1. laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
    2. other laws specified in Part I of the First Schedule;

    and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

    Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.

    Explanation.- If in respect of any law Majlis-e-Shoora (Parliament) is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

    Right to life

    9. Security of person

    No person shall be deprived of life or liberty save in accordance with law.

    Protection from unjustified restraint

    10. Safeguards as to arrest and detention

    Right to counsel
    1. in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and
    2. in the case of a person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

    Explanation II.-The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.

    Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

    Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti national activity.

    Right to fair trial , Guarantee of due process

    10A. Right to fair trial

    For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.

    11. Slavery, forced labour, etc., prohibited

    Prohibition of slavery Prohibition of slavery Limits on employment of children
    1. by any person undergoing punishment for an offence against any law; or
    2. required by any law for public purpose:
    Human dignity , Prohibition of cruel treatment

    Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

    12. Protection against retrospective punishment

    Protection from ex post facto laws
    1. for an act or omission that was not punishable by law at the time of the act or omission; or
    2. for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

    13. Protection against double punishment and self-incrimination

    Prohibition of double jeopardy Protection from self-incrimination

    14. Inviolability of dignity of man, etc

    Right to privacy , Human dignity Prohibition of torture , Regulation of evidence collection Freedom of movement

    15. Freedom of movement, etc

    Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

    Freedom of assembly

    16. Freedom of assembly

    Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

    17. Freedom of association

    Freedom of association , Right to join trade unions Right to form political parties , Regulation of political parties , Prohibited political parties Restrictions on political parties Right to establish a business , Right to choose occupation

    18. Freedom of trade, business or profession

    Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

    Provided that nothing in this Article shall prevent-

      the regulation of any trade or profession by a licensing system; or
    Right to competitive marketplace Freedom of press , Freedom of expression

    19. Freedom of speech, etc

    Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.

    Right to information

    19A. Right to information

    Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

    Freedom of religion

    20. Freedom to profess religion and to manage religious institutions

    Subject to law, public order and morality,-

    1. every citizen shall have the right to profess, practice and propagate his religion; and
    2. every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

    21. Safeguard against taxation for purposes of any particular religion

    No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.

    22. Safeguards as to educational institutions in respect of religion, etc

    Freedom of religion Tax status of religious organizations
    1. no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and
    Equality regardless of origin , Equality regardless of religion , Equality regardless of race Right to own property

    23. Provision as to property

    Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

    Protection from expropriation

    24. Protection of property rights

    1. No person shall be deprived of his property save in accordance with law.
    2. No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
    3. Nothing in this Article shall affect the validity of-
      1. any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or
      2. any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or
      3. any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or
      4. any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or
      5. any law providing for the acquisition of any class of property for the purpose of-
        1. providing education and medical aid to all or any specified class of citizens; or
        2. providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or
        3. providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or

        25. Equality of citizens

        General guarantee of equality Equality regardless of gender Compulsory education , Free education

        25A. Right to education

        The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.

        26. Non-discrimination in respect of access to public places

        Equality regardless of religion , Equality regardless of race , Equality regardless of origin , Equality regardless of gender

        27. Safeguard against discrimination in services

        Equality regardless of gender , Equality regardless of religion , Equality regardless of race , Equality regardless of origin

        No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:

        Provided that, for a period not exceeding forty years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

        Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex:

        Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).

        Right to culture , Protection of language use

        28. Preservation of language, script and culture

        Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

        CHAPTER 2. PRINCIPLES OF POLICY

        29. Principles of Policy

        1. The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority.
        2. In so far as the observance of any particular Principle of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as being subject to the availability of resources.
        Legislative oversight of the executive

        30. Responsibility with respect to Principles of Policy

        1. The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned.
        2. The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State, any organ or authority of the State or any person on such ground.

        31. Islamic way of life

        1. Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.
        2. The State shall endeavour, as respects the Muslims of Pakistan,-
          Protection of language use Municipal government

          32. Promotion of local Government institutions

          The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.

          33. Parochial and other similar prejudices to be discouraged

          The State shall discourage parochial, racial, tribal sectarian and provincial prejudices among the citizens.

          34. Full participation of women in national life

          Steps shall be taken to ensure full participation of women in all spheres of national life.

          Right to found a family , Regulation of marriage , Rights of children

          35. Protection of family, etc

          The State shall protect the marriage, the family, the mother and the child.

          36. Protection of minorities

          The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.

          37. Promotion of social justice and eradication of social evils

          The State shall-

            promote, with special care, the educational and economic interests of backward classes or areas;
          Compulsory education , Free education Access to higher education Limits on employment of children , Right to safe work environment

          38. Promotion of social and economic well-being of the people

          The State shall-

          Mentions of social class , Right to reasonable standard of living Right to work , Right to rest and leisure State support for the unemployed , State support for the disabled Mentions of social class

          39. Participation of people in Armed Forces

          The State shall enable people from all parts of Pakistan to participate in the Armed Forces of Pakistan.

          40. Strengthening bonds with Muslim world and promoting international peace

          The State shall endeavour to preserve and strengthen fraternal relations among Muslim countries based on Islamic unity, support the common interests of the peoples of Asia, Africa and Latin America, promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means.

          PART III. The Federation of Pakistan

          CHAPTER 1. THE PRESIDENT

          41. The President

          Name/structure of executive(s) Eligibility for head of state , Minimum age of head of state Head of state selection
          1. the members of both Houses; and
          2. the members of the Provincial Assemblies.
          Scheduling of elections

          Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office:

          Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.

          Scheduling of elections , Head of state replacement

          An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy:

          Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.

          Oaths to abide by constitution

          42. Oath of President

          Before entering upon office, the President shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

          43. Conditions of President's office

            The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.
          Outside professions of legislators

          44. Term of office of President

          Head of state term length

          Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office:

          Provided that the President shall, notwithstanding the expiration of his terms, continue to hold office until his successor enters upon his office.

          Head of state term limits Power to pardon

          45. President's power to grant pardon, etc

          The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

          46. President to be kept informed

          The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament).

          Head of state removal , Joint meetings of legislative chambers

          47. Removal or impeachment of President

          1. Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.
          2. Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.
          3. If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.
          4. The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.
          5. The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.
          6. The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.
          7. The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.
          8. If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Majlis-e-Shoora (Parliament) declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

          48. President to act on advice, etc

          1. In the exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister:

          Provided that within fifteen days the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall, within ten days, act in accordance with the advice tendered after such reconsideration.

          Dismissal of the legislature , Cabinet removal Scheduling of elections Joint meetings of legislative chambers , Referenda

          49. Chairman or Speaker to act as, or perform functions of, President

          Head of state replacement

          CHAPTER 2. THE MAJLIS-E-SHOORA (PARLIAMENT

          Section 1. Composition, Duration and Meetings of Majlis-e-Shoora (Parliament

          Structure of legislative chamber(s)

          50. Majlis-e-Shoora (Parliament

          There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.

          51. National Assembly

          Size of first chamber , First chamber representation quotas Restrictions on voting
          1. he is a citizen of Pakistan;
          2. he is not less than eighteen years of age;
          3. his name appears on the electoral roll; and
          4. he is not declared by a competent court to be unsound mind.
          First chamber representation quotas
          • Balochistan: General Seats 16, Women Seats 4, Total Seats 20
          Khyber Pkhtunkhwa: General Seats 45, Women Seats 10, Total Seats 55 Punjab: General Seats 141, Women Seats 32, Total Seats 173 Sindh: General Seats 61, Women Seats 14, Total Seats 75 Federal Capital: General Seats 3, Women Seats -, Total Seats 3

          Total: General Seats 266, Women Seats 60, Total Seats 326

          Transitional provisions First chamber representation quotas

          The seats in the National Assembly shall be allocated to each province and the Federal Capital on the basis of population in accordance with the last preceding census officially published:

          Provided that for purposes of the next general elections to be held in 2018 and bye-elections related thereto, the allocation shall be made on the basis of provisional results of the 2017 census which shall be published by the Federal Government.

          First chamber selection
          1. the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;
          2. each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);
          3. the constituency for all seats reserved for non-Muslims shall be the whole country;
          4. members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly:

          Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and

          Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.

          Term length for first chamber

          52. Duration of National Assembly

          The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

          Leader of first chamber

          53. Speaker and Deputy Speaker of National Assembly

            After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.
          Oaths to abide by constitution
          1. he resigns his office;
          2. he ceases to be a member of the Assembly; or
          3. he is removed from office by a resolution of the Assembly, of which not less than seven days' notice has been given and which is passed by the votes of the majority of the total membership of the Assembly.

          54. Summoning and prorogation of Majlis-e-Shoora (Parliament)

          Joint meetings of legislative chambers , Extraordinary legislative sessions Length of legislative sessions

          There shall be at least three sessions of the National Assembly every year, and not more than one hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the date appointed for its first sitting in the next session:

          Provided that the National Assembly shall meet for not less than one hundred and thirty working days in each year.

          Explanation.- In this clause, "working days" includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned.

          Extraordinary legislative sessions

          55. Voting in Assembly and quorum

            Subject to the Constitution, all decisions of the National Assembly shall be taken by majority of the members present and voting, but the person presiding shall not vote except in the case of equality of votes.
          Quorum for legislative sessions

          56. Address by President

          1. The President may address either House or both Houses assembled together and may for that purpose require the attendance of the members.
          2. The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
          Joint meetings of legislative chambers Legislative committees

          57. Right to speak in Majlis-e-Shoora (Parliament

          The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

          Dismissal of the legislature

          58. Dissolution of National Assembly

          1. The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

          Explanation.- Reference in this Article to "Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

          59. The Senate

          Second chamber representation quotas , Size of second chamber , Second chamber selection
          1. fourteen shall be elected by the members of each Provincial Assembly;
          2. [omitted by the Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018)]
          3. two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;
          4. four women shall be elected by the members of each Provincial Assembly;
          5. four technocrats including ulema shall be elected by the members of each Provincial Assembly; and
          6. four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:

          Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

          Second chamber selection Term length of second chamber
          1. of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;
          2. [omitted by the Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018)]
          3. of the members referred to in paragraph (c) of the aforesaid clause,-
            1. one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and
            2. one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;

            Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.

            Transitional provisions Leader of second chamber

            60. Chairman and Deputy Chairman

            1. After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Chairman and a Deputy Chairman and, so often as the Office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman.
            2. The term of office of the Chairman or Deputy Chairman shall be three years from the day on which he enters upon his office.

            Leader of second chamber , Quorum for legislative sessions , Length of legislative sessions , Extraordinary legislative sessions

            61. Other provisions relating to Senate

            The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate Chairman and Deputy Chairman and as if, in the proviso to the said clause (2) of Article 54, for the words one hundred and thirty the words one hundred and ten were substituted.

            Section 2. Provisions as to Members of Majlis-e-Shoora (Parliament

            Eligibility for first chamber , Eligibility for head of government , Eligibility for second chamber , Eligibility for head of state

            62. Qualifications for membership of Majlis-e-Shoora (Parliament)

              A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
                he is a citizen of Pakistan;
              Minimum age for first chamber
              1. any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
              2. any area in a Province from which she seeks membership for election to a seat reserved for women.
              Minimum age for second chamber

              Eligibility for head of government , Eligibility for head of state , Removal of individual legislators , Eligibility for second chamber , Eligibility for first chamber

              63. Disqualifications for membership of Majlis-e-Shoora (Parliament

              1. A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if-
                1. he is of unsound mind and has been so declared by a competent court; or
                2. he is an undischarged insolvent; or
                3. he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
                Outside professions of legislators Outside professions of legislators
                1. where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;
                2. where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or
                3. where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest;

                Explanation.-In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply; or

                Outside professions of legislators
                1. an office which is not whole time office remunerated either by salary or by fee;
                2. the office of Lumbardar, whether called by this or any other title;
                3. the Qaumi Razakars;
                4. any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
                Telecommunications

                Explanation.- For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.

                Electoral commission Electoral commission Removal of individual legislators

                63A. Disqualification on grounds of defection, etc

                1. If a member of a Parliamentary Party composed of a single political party in a House-
                  1. resigns from membership of his political party or joins another Parliamentary party; or
                  2. votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to-
                    1. election of the Prime Minister or the Chief Minister; or
                    2. a vote of confidence or a vote of no-confidence; or
                    3. a Money Bill or a Constitution (Amendment) Bill;

                    he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned:

                    Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.

                    Explanation.- "Party Head" means any person, by whatever name called, declared as such by the Party.

                    Electoral commission Electoral commission Electoral commission , Supreme court powers
                    1. "House" means the National Assembly or the Senate, in relation to the Federation; and a Provincial Assembly in relation to the Province, as the case may be;
                    2. "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.

                    Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.

                    64. Vacation of seats

                      A member of Majlis-e-Shoora (Parliament) may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become vacant.
                    Removal of individual legislators , Attendance by legislators Oaths to abide by constitution

                    65. Oath of Members

                    A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule.

                    Immunity of legislators

                    66. Privileges of members, etc

                      Subject to the Constitution and to the rules of procedure of Majlis-e-Shoora (Parliament), there shall be freedom of speech in Majlis-e-Shoora (Parliament) and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Majlis-e-Shoora (Parliament), and no person shall be so liable in respect of the publication by or under the authority of Majlis-e-Shoora (Parliament) of any report, paper, votes or proceedings.
                    Legislative committees Legislative committees

                    Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the chairman of the committee so to do:

                    1. may empower a court to punish a person who refuses to give evidence or produce documents; and
                    2. shall have effect subject to such Order for safeguarding confidential matters from disclosure as may be made by the President.
                    Legislative committees

                    Section 3. Procedure Generally

                    67. Rules of procedure, etc

                    1. Subject to the Constitution, a House may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings.
                    2. Until rules are made under clause (1), the procedure and conduct of business in a House shall be regulated by the rules of procedure made by the President.

                    68. Restriction on discussion in Majlis-e-Shoora (Parliament

                    No discussion shall take place in Majlis-e-Shoora (Parliament) with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

                    69. Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)

                    1. The validity of any proceedings in Majlis-e-Shoora (Parliament) shall not be called in question on the ground of any irregularity of procedure.
                    2. No officer or member of Majlis-e-Shoora Parliament) in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in Majlis-e-Shoora (Parliament), shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
                    3. In this Article, Majlis-e-Shoora (Parliament) has the same meaning as in Article 66.

                    Section 4. Legislative Procedure

                    Division of labor between chambers

                    70. Introduction and passing of Bills

                    Initiation of general legislation Joint meetings of legislative chambers

                    71. Mediation Committee

                    [Mediation Committee omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 24 as amended by various enactments.]

                    Joint meetings of legislative chambers

                    72. Procedure at joint sittings

                    1. The President, after consultation with the Speaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the two Houses.
                    2. At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be determined by the rules made under clause (1), shall preside.
                    3. The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting.
                    4. Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting.
                    Finance bills , Spending bills , Tax bills , First chamber reserved policy areas , Budget bills

                    73. Procedure with respect to Money Bills

                    1. Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly:

                    Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within fourteen days, make recommendations thereon to the National Assembly.

                    1. the imposition, abolition, remission, alteration or regulation of any tax;
                    2. the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government;
                    3. the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund;
                    4. the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;
                    5. the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys;
                    6. the audit of the accounts of the Federal Government or a Provincial Government; and
                    7. any matter incidental to any of the matters specified in the preceding paragraphs.
                    1. for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a licence fee or a fee or charge for any service rendered; or
                    2. for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
                    Central bank , Budget bills , Spending bills , Finance bills , Tax bills

                    74. Federal Government's consent required for financial measures

                    A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank of Pakistan shall not be introduced or moved in Majlis-e-Shoora (Parliament) except by or with the consent of the Federal Government.

                    Approval or veto of general legislation

                    75. President's assent to Bills

                    1. When a Bill is presented to the President for assent, the President shall, within 3 ten days,-
                      1. assent to the Bill; or
                      2. in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.
                      Veto override procedure , Joint meetings of legislative chambers

                      76. Bill not to lapse on prorogation, etc

                      1. A Bill pending in either House shall not lapse by reason of the prorogation of the House.
                      2. A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly.
                      3. A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.

                      77. Tax to be levied by law only

                      No tax shall be levied for the purposes of the Federation except by or under the authority of Act of Majlis-e-Shoora (Parliament).

                      Section 5. Financial Procedure

                      78. Federal Consolidated Fund and Public Account

                      1. All revenues received by the Federal Government, all loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Federal Consolidated Fund.
                      2. All other moneys-
                        1. received by or on behalf of the Federal Government; or
                        2. received by or deposited with the Supreme Court or any other court established under the authority of the Federation;

                        shall be credited to the Public Account of the Federation.

                        79. Custody, etc., of Federal Consolidated Fund and Public Account

                        The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by Act of Majlis-e-Shoora (Parliament) or, until provision in that behalf is so made, by rules made by the President.

                        Budget bills

                        80. Annual Budget Statement

                        1. The Federal Government shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipt and expenditure of the Federal Government for that year, in this Part, referred to as the Annual Budget Statement.
                        2. The Annual Budget Statement shall show separately-
                          1. the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and
                          2. the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund;

                          and shall distinguish expenditure on revenue account from other expenditure.

                          81. Expenditure charged upon Federal Consolidated Fund

                          The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:-

                          1. the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to-
                            1. the Judges of the Supreme Court and the Islamabad High Court;
                            2. the Chief Election Commissioner;
                            3. the Chairman and the Deputy Chairman;
                            4. the Speaker and the Deputy Speaker of the National Assembly;
                            5. the Auditor-General;
                            Spending bills , Budget bills

                            82. Procedure relating to Annual Budget Statement

                            1. So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.
                            2. So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand 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 National Assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified therein.

                            Budget bills , Spending bills

                            83. Authentication of schedule of authorized expenditure

                            1. The Prime Minister shall authenticate by his signature a schedule specifying-
                              1. the grants made or deemed to have been made by the National Assembly under Article 82, and
                              2. the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.
                              Budget bills , Spending bills

                              84. Supplementary and excess grants

                              If in respect of any financial year it is found-

                              1. that the amount authorized 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
                              2. 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 Federal Government shall have power to authorize expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National Assembly 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 80 to 83 shall apply to those statements as they apply to the Annual Budget Statement.

                              Spending bills , Budget bills

                              85. Votes on account

                              Notwithstanding anything contained in the foregoing provisions relating to financial matters, the National Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.

                              Spending bills , Budget bills

                              86. Power to authorize expenditure when Assembly stands dissolved

                              Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorize expenditure from the Federal 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 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.

                              87. Secretariats of Majlis-e-Shoora (Parliament

                              1. Each House shall have a separate Secretariat:

                              Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses.

                              Legislative committees

                              88. Finance Committees

                              1. The expenditure of the National Assembly and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Committee.
                              2. The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate.
                              3. The Finance Committee may make rules for regulating its procedure.

                              Section 6. Ordinances

                              Head of state decree power

                              89. Power of President to promulgate Ordinances

                              1. The President may, except when the Senate or National 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 Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but every such Ordinance-
                                1. shall be laid-
                                  1. before the National Assembly if it contains provisions dealing with all or any of the matters specified in clause (2) of Article 73, and shall stand repealed at the expiration of one hundred and twenty days 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:

                                  Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

                                  Provided further that extension for further period may be made only once.

                                  Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:

                                  Provided further that extension for a further period may be made only once; and
                                  1. an Ordinance laid before the National Assembly under subparagraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and
                                  2. an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.

                                  CHAPTER 3. THE FEDERAL GOVERNMENT

                                  90. Exercise of executive authority of the Federation

                                  Name/structure of executive(s) , Establishment of cabinet/ministers Establishment of cabinet/ministers

                                  91. The Cabinet

                                  Powers of cabinet

                                  Head of government's role in the legislature , Head of government selection , Eligibility for head of government

                                  Head of government selection

                                  The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:

                                  Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:

                                  Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

                                  Oaths to abide by constitution

                                  The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:

                                  Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.

                                  Cabinet removal Head of government removal Eligibility for cabinet , Cabinet removal

                                  A Minister who for any period of six consecutive months is not a member of the National 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:

                                  Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate.

                                  92. Federal Ministers and Ministers of State

                                  Eligibility for cabinet , Cabinet selection

                                  Subject to clauses (9) and (10) of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:

                                  Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers:

                                  Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament):

                                  Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution Eighteenth Amendment) Act, 2010.

                                  Oaths to abide by constitution Cabinet removal Advisory bodies to the head of state

                                  93. Advisers

                                  1. The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine.
                                  2. The provisions of Article 57 shall also apply to an Adviser.

                                  94. Prime Minister continuing in office

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

                                  Head of government removal

                                  95. Vote of no-confidence against Prime Minister

                                  1. A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National 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 National Assembly.
                                  3. A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
                                  4. If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.

                                  96. Vote of no confidence against Prime Minister

                                  [Omitted by substitution through renumbering vide P. 0. No. 14 of 1985, Art. 2 and Sch.]

                                  97. Extent of executive authority of Federation

                                  Subject to the Constitution, the executive authority of the federation shall extend to the matters with respect to which Majlis-e-Shoora (Parliament) has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan:

                                  Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by Majlis-e-Shoora (Parliament), extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws.

                                  98. Conferring of functions on subordinate authorities

                                  On the recommendation of the Federal Government, Majlis-e-Shoora (Parliament) may by law confer functions upon officers or authorities subordinate to the Federal Government.

                                  99. Conduct of business of Federal Government

                                  1. All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
                                  2. The Federal Government shall by rules specify the manner in which orders and other instruments made and executed in his name of the President 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 President.
                                  3. The Federal Government shall also make rules for the allocation and transaction of its business.
                                  Attorney general

                                  100. Attorney-General for Pakistan

                                  1. The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.
                                  2. The Attorney-General shall hold office during the pleasure of the President and shall not engage in private practice so long as he holds the office of the Attorney-General.
                                  3. It shall be the duty of the Attorney-General to give advice to the Federal 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 Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.
                                  4. The Attorney-General may, by writing under his hand addressed to the President, resign his office.
                                  Subsidiary unit government

                                  PART IV. Provinces

                                  CHAPTER 1. THE GOVERNORS

                                  Head of state powers

                                  101. Appointment of Governor

                                  1. There shall be a Governor for each Province, who shall be appointed by the President on the advise of the Prime Minister.
                                  2. A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age and is a registered voter and resident of the Province concerned.
                                  3. The Governor shall hold office during the pleasure of the President and shall be entitled to such salary, allowances and privileges as the President may determine.
                                  4. The Governor may, by writing under his hand addressed to the President, resign his office.
                                  5. The President may make such provision as he thinks fit for the discharge of the functions of a Governor in any contingency not provided for in this Part.
                                  Oaths to abide by constitution

                                  102. Oath of Office

                                  Before entering upon office, the Governor shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule.

                                  103. Conditions of Governor's office

                                  1. The Governor shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.
                                  2. The Governor shall not be a candidate for election as a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly and, if a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor, his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

                                  104. Speaker Provincial Assembly to act as, or perform functions of Governor in his absence

                                  When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.

                                  105. Governor to act on advice, etc

                                  1. Subject to Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Cabinet or the Chief Minister:

                                  Provided that within fifteen days the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall, within ten days, act in accordance with the advice tendered after such reconsideration.

                                  1. appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
                                  2. appoint a care-taker Cabinet.

                                  CHAPTER 2. PROVINCIAL ASSEMBLIES

                                  106. Constitution of Provincial Assemblies

                                  1. Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:-
                                    1. Baluchistan: General Seats 51, Women 11, Non-Muslims 3, Total 65
                                    2. Khyber Pakhtunkhwa: General Seats 115, Women 26, Non-Muslims 4, Total 145
                                    3. The Punjab: General Seats 297, Women 66, Non-Muslims 8, Total 371
                                    4. Sindh: General Seats 130, Women 29, Non-Muslims 9, Total 168

                                    Provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018.

                                    Transitional provisions
                                    1. he is a citizen of Pakistan;
                                    2. he is not less than eighteen years of age;
                                    3. his name appears on the electoral roll for any area in the Province; and
                                    4. he is not declared by a competent court to be of unsound mind.

                                    Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.

                                    107. Duration of Provincial Assembly

                                    A Provincial Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

                                    108. Speaker and Deputy Speaker

                                    After a general election, a Provincial Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.

                                    109. Summoning and prorogation of Provincial Assembly

                                    The Governor may from time to time-

                                    1. summon the Provincial Assembly to meet at such time and place as he thinks fit; and
                                    2. prorogue the Provincial Assembly.

                                    110. Right of Governor to address Provincial Assembly

                                    The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members.

                                    111. Right to speak in Provincial Assembly

                                    The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

                                    112. Dissolution of Provincial Assembly

                                    1. The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised.

                                    Explanation.- Reference in this Article to 'Chief Minister' shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed.

                                    113. Qualifications and disqualifications for membership of Provincial Assembly

                                    The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to "National Assembly" were a reference to "Provincial Assembly".

                                    114. Restriction on discussion in Provincial Assembly

                                    No discussion shall take place in a Provincial Assembly with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

                                    115. Provincial Government's consent required for financial measures

                                    1. A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expenditure from the Provincial Consolidated Fund or withdrawal from the Public Account of the Province shall not be introduced or moved in the Provincial Assembly except by or with the consent of the Provincial Government.
                                    2. For the purposes of this Article, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:
                                      1. the imposition, abolition, remission, alteration or regulation of any tax;
                                      2. the borrowing of money, or the giving of any guarantee, by the Provincial Government or the amendment of the law relating to the financial obligations of that Government;
                                      3. the custody of the Provincial Consolidated Fund, the payment of moneys into, or issue of moneys from, that fund;
                                      4. the imposition of a charge upon the Provincial Consolidated Fund, or the abolition or alteration of any such charge;
                                      5. the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys; and
                                      6. any matter incidental to any of the matters specified in the preceding paragraphs.
                                      1. for the imposition or alteration of any fine or other pecuniary penalty or for the demand or payment of a licence fee or a fee or charge for any service rendered; or
                                      2. for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

                                      116. Governor's assent to Bills

                                      1. When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.
                                      2. When a Bill is presented to the Governor for assent, the Governor shall, within ten days,-
                                        1. assent to the Bill; or
                                        2. in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

                                        117. Bill not to lapse on prorogation, etc

                                        1. A Bill pending in a Provincial Assembly shall not lapse by reason of the prorogation of the Assembly.
                                        2. A Bill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly.

                                        Section 1. Financial Procedure

                                        118. Provincial Consolidated Fund and Public Account

                                        1. All revenues received by the Provincial Government, all loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Provincial Consolidated Fund.
                                        2. All other moneys-
                                          1. received by or on behalf of the Provincial Government; or
                                          2. received by or deposited with the High Court or any other court established under the authority of the Province;

                                          shall be credited to the Public Account of the Province.

                                          119. Custody, etc., of Provincial Consolidated Fund and Public Account

                                          The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their payment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Provincial Assembly or, until provision in that behalf is so made, by rules made by the Governor.

                                          120. Annual Budget Statement

                                          1. The Provincial Government shall, in respect of every financial year, cause to be laid before the Provincial Assembly statement of the estimated receipts and expenditure of the Provincial Government for that year, in this Chapter referred to as the Annual Budget Statement.
                                          2. The Annual Budget Statement shall show separately-
                                            1. the sums required to meet expenditure described by the constitution as expenditure charged upon the Provincial Consolidated Fund; and
                                            2. the sums required to meet other expenditure proposed to be made from the Provincial Consolidated Fund;

                                            and shall distinguish expenditure on revenue account from other expenditure.

                                            121. Expenditure charged upon Provincial Consolidated Fund

                                            The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund:-

                                            1. the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to-
                                              1. the Judges of the High Court; and
                                              2. the Speaker and Deputy Speaker of the Provincial Assembly;

                                              122. Procedure relating to Annual Budget Statement

                                              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:
                                              3. No demand for a grant shall be made except on the recommendation of the Provincial Government.

                                              123. Authentication of schedule of authorized expenditure

                                              1. The Chief Minister shall authenticate by his signature a schedule specifying-
                                                1. the grants made or deemed to have been made by the Provincial Assembly under Article 122, and
                                                2. 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.

                                                124. Supplementary and excess grant

                                                If in respect of any financial year it is found-

                                                1. that the amount authorized 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
                                                2. 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 authorize 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.

                                                125. Votes on account

                                                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 for 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.

                                                126. Power to authorize expenditure when Assembly stands dissolved

                                                Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the Provincial Assembly stands dissolved, the Provincial Government may authorize 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 authorized expenditure, in accordance with the provisions of Article 123 in relation to the expenditure.

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

                                                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-

                                                1. 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;
                                                2. any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
                                                3. any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government;
                                                4. any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister;
                                                5. any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister;
                                                6. 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
                                                7. 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 "one hundred" were substituted.

                                                Section 2. Ordinances

                                                128. Power of Governor to promulgate Ordinances

                                                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-
                                                  1. shall be laid before the Provincial Assembly and shall stand repealed at the expiration of ninety days 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:

                                                  Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

                                                  Provided further that extension for a further period may be made only once.

                                                  CHAPTER 3. THE PROVINCIAL GOVERNMENTS

                                                  129. Exercise of executive authority of the Province

                                                  1. Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.
                                                  2. In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers.

                                                  130. The Cabinet

                                                  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 Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.
                                                  3. After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.
                                                  4. The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:

                                                  Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secures the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:

                                                  Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

                                                  Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.

                                                  Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

                                                  131. Governor to be kept informed

                                                  The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.

                                                  132. Provincial Ministers

                                                  1. Subject to clauses (9) and (10) 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 no-confidence against Chief Minister

                                                  1. A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the 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.
                                                  National vs subnational laws

                                                  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 Provincial Government shall by rules specify the manner in which orders and other instruments made and executed in the name of Governor 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 Provincial Government shall also make rules for the allocation and transaction of its business.

                                                  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 and shall not engage in private practice so long as he holds the office of the Advocate-General.
                                                  4. The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.
                                                  Municipal government

                                                  140A. Local Government

                                                  1. Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.
                                                  2. Elections to the local governments shall be held by the Election Commission of Pakistan.

                                                  PART V. Relations Between Federation and Provinces

                                                  CHAPTER 1. DISTRIBUTION OF LEGISLATIVE POWERS

                                                  Subsidiary unit government

                                                  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.

                                                  Subsidiary unit government

                                                  142. Subject-matter of Federal and Provincial laws

                                                  Subject to the Constitution-

                                                  1. Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
                                                  2. Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence;
                                                  3. Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any matter not enumerated in the Federal Legislative List;
                                                  4. Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province.
                                                  National vs subnational laws

                                                  143. Inconsistency between Federal and Provincial law

                                                  If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.

                                                  Subsidiary unit government

                                                  144. Power of Majlis-e-Shoora (Parliament) to legislate for One or more Provinces by consent

                                                  1. If one or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in the Federal Legislation 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.
                                                  2. [Omitted by the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), s.17.]

                                                  CHAPTER 2. ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND PROVINCES

                                                  Head of state powers , Subsidiary unit government

                                                  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).
                                                  Subsidiary unit government

                                                  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:

                                                  Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.

                                                  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. Directions 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. [omitted]
                                                  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

                                                  Right to competitive marketplace
                                                  1. 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
                                                  2. 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.

                                                  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.

                                                  CHAPTER 3. SPECIAL PROVISIONS

                                                  152A. National Security Council

                                                  [Omitted by the Constitution (Seventeenth Amdt.) Act 2003 (3 of 2003), s. 5, which was previously ins. by C.E's. 0. No. 24 of 2002, Art. 3 and Sch., as amended by various enactments.]

                                                  153. Council of Common Interests

                                                  Head of state powers
                                                  1. the Prime Minister who shall be the Chairman of the Council;
                                                  2. the Chief Ministers of the Provinces; and
                                                  3. three members from the Federal Government to be nominated by the Prime Minister from time to time.

                                                  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 shall exercise supervision and control over related institutions.
                                                  2. The Council shall be constituted within thirty days of the Prime Minister taking oath of office.
                                                  3. The Council shall have a permanent Secretariat and shall meet at least once in ninety days:

                                                  Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.

                                                  Joint meetings of legislative chambers Joint meetings of legislative chambers

                                                  155. Complaints as to interference with water supplies

                                                  1. If the interests of a Province, the Federal Capital or any of the inhabitants thereof, in water from any natural source of supply or reservoir have been or are likely to be affected prejudicially by-
                                                    1. any executive act or legislation taken or passed or proposed to be taken or passed, or
                                                    2. 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.

                                                    156. National Economic Council

                                                    Head of state powers
                                                    1. the Prime Minister, who shall be the Chairman of the Council;
                                                    2. the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and
                                                    3. four other members as the Prime Minister may nominate from time to time.
                                                    Economic plans Subsidiary unit government

                                                    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:

                                                    Provided that the Federal Government, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned.

                                                    1. 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;
                                                    2. levy tax on consumption of electricity within the Province;
                                                    3. construct power houses and grid stations and lay transmission lines for use within the Province; and
                                                    4. 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.

                                                    Television , Radio , Telecommunications

                                                    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-
                                                      1. to construct and use transmitters in the Province; and
                                                      2. 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 authorised by the Federal Government, or over the use of receiving apparatus by person so authorised.

                                                      PART VI. Finance, Property, Contracts and Suits

                                                      CHAPTER 1. FINANCE

                                                      Section 1. Distribution of Revenues between the Federation and the Provinces

                                                      Advisory bodies to the head of state , Head of state powers , Subsidiary unit government

                                                      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-
                                                        1. the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3);
                                                        2. the making of grants-in-aid by the Federal Government to the Provincial Governments;
                                                        3. the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution; and
                                                        4. any other matter relating to finance referred to the Commission by the President.
                                                        1. taxes on income, including corporation tax but not including taxes on income consisting of remuneration paid out of the Federal Consolidated Fund;
                                                        2. taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed;
                                                        3. export duties on cotton, and such other export duties as may be specified by the President;
                                                        4. such duties of excise as may be specified by the President; and
                                                        5. such other taxes as may be specified by the President.
                                                        Head of state decree power

                                                        161. Natural gas and hydro-electric power

                                                        1. Notwithstanding the provisions of Article 78
                                                          1. 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 proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated.

                                                          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, 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.

                                                          Subsidiary unit government

                                                          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.

                                                          Section 2. 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 or 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 judgement 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.
                                                          4. A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.

                                                          Section 1. Audit and Accounts

                                                          168. Auditor-General of Pakistan

                                                          Head of state powers Oaths to abide by constitution

                                                          169. Functions and powers of Auditor-General

                                                          The Auditor-General shall, in relation to-

                                                          1. the accounts of the Federation and of the Provinces; and
                                                          2. 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

                                                          1. 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.
                                                          2. The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Auditor-General, who shall determine the extent and nature of such audit.

                                                          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 both Houses of Majlis-e-Shoora (Parliament) 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

                                                            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.
                                                          Ownership of natural resources Ownership of natural resources

                                                          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.

                                                          PART VII. The Judicature

                                                          CHAPTER 1. THE COURTS

                                                          Structure of the courts

                                                          175. Establishment and jurisdiction of courts

                                                          1. There shall be a Supreme Court of Pakistan, a High Court for each Province and a High Court for the Islamabad Capital Territory and such other courts as may be established by law.

                                                          Explanation.- The word "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.

                                                          Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at Serial No. 6 and 7 of sub-part III of Part I of the First Schedule, who claim, or are known, to belong to any terrorist group or organization using the name of religion or a sect.

                                                          Explanation:- In this proviso, the expression "sect" means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.

                                                          Establishment of judicial council

                                                          175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court

                                                          Supreme court selection , Ordinary court selection , Establishment of religious courts Supreme court selection
                                                          1. Chief Justice of Pakistan - Chairman;
                                                          2. four most senior Judges of the Supreme Court - Members;
                                                          3. a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the four member Judges, for a term of two years - Member;
                                                          4. Federal Minister for Law and Justice - Member;
                                                          5. Attorney-General for Pakistan - Member; and
                                                          6. a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years - Member.
                                                          Supreme court selection Ordinary court selection
                                                          1. Chief Justice of the High Court to which the appointment is being made - Member;
                                                          2. the most senior Judge of that High Court - Member:
                                                          3. Provincial Minister for Law - Member; and
                                                          4. an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for a term of two years - Member:

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

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

                                                          Ordinary court selection
                                                          1. Chief Justice of the Islamabad High Court - Member; and
                                                          2. the most senior Judge of that High Court - Member:

                                                          Provided that for initial appointment of the Chief Justice and the Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:

                                                          Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.

                                                          Establishment of religious courts

                                                          For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:

                                                          Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.

                                                          Supreme court selection , Establishment of religious courts , Legislative committees , Ordinary court selection

                                                          Establishment of religious courts , Legislative committees , Ordinary court selection , Supreme court selection

                                                          1. four members from the Senate; and
                                                          2. four members from the National Assembly:

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

                                                          Legislative committees Legislative committees

                                                          Establishment of religious courts , Supreme court selection , Ordinary court selection , Legislative committees

                                                          The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed:

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

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

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

                                                          Ordinary court selection , Supreme court selection , Establishment of religious courts , Legislative committees

                                                          Legislative committees Legislative committees Legislative committees Legislative committees

                                                          CHAPTER 2. THE SUPREME COURT OF PAKISTAN

                                                          Number of supreme court judges , Structure of the courts

                                                          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-e-Shoora (Parliament) or, until so determined, as may be fixed by the President.

                                                          177. Appointment of Supreme Court Judges

                                                          Supreme court selection Eligibility for supreme court judges
                                                          1. has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
                                                          2. 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).
                                                          Oaths to abide by constitution

                                                          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.

                                                          Mandatory retirement age for judges

                                                          179. Retiring age

                                                          A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution.

                                                          180. Acting Chief Justice

                                                          At any time when-

                                                          1. the office of Chief Justice of Pakistan is vacant; or
                                                          2. 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-
                                                            1. the office of a Judge of the Supreme Court is vacant; or
                                                            2. 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.

                                                            Establishment of judicial council

                                                            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, in Consultation with the Judicial Commission as provided in clause (2) of Article 175A, may, in writing,-

                                                            1. 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
                                                            2. 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.
                                                            Supreme court powers

                                                            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.

                                                            Right to appeal judicial decisions

                                                            185. Appellate jurisdiction of Supreme Court

                                                            1. Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court.
                                                            2. An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court-
                                                              1. 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; or
                                                              2. 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
                                                              3. if the High Court has imposed any punishment on any person for contempt of the High Court; or
                                                              4. 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-e-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
                                                              5. 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
                                                              Constitutional interpretation Supreme court powers

                                                              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.
                                                              Supreme court powers

                                                              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 of orders by the Supreme Court

                                                              The Supreme Court shall have power, subject to the provisions of any Act of Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

                                                              Judicial precedence

                                                              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 COURTS

                                                              Structure of the courts

                                                              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 and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
                                                              Head of state powers

                                                              193. Appointment of High Court Judges

                                                              Ordinary court selection Eligibility for ordinary court judges , Minimum age of ordinary court judges
                                                              1. 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
                                                              2. he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or
                                                              3. 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.

                                                              Oaths to abide by constitution

                                                              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:

                                                              Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.

                                                              Mandatory retirement age for judges

                                                              195. Retiring age

                                                              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.

                                                              196. Acting Chief Justice

                                                              At any time when-

                                                              1. the office of Chief Justice of a High Court is vacant, or
                                                              2. 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-

                                                              1. the office of a Judge of a High Court is vacant; or
                                                              2. a Judge of a High Court is absent or is unable to perform the functions of his office due to any other cause; or
                                                              3. 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 (1) 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. The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.
                                                              3. 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.
                                                              4. The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sindh shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each at Abbottabad, Mingora and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi and Turbat.
                                                              5. 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.
                                                              6. 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.
                                                              7. The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-
                                                                1. assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and
                                                                2. for all incidental, supplemental or consequential matters.

                                                                199. Jurisdiction of High Court

                                                                  Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,-
                                                                    on the application of any aggrieved party, make an order-
                                                                    Ultra-vires administrative actions Ultra-vires administrative actions
                                                                    1. 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
                                                                    2. 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
                                                                    1. an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
                                                                    2. 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-

                                                                    1. would not have such affect as aforesaid; or
                                                                    2. would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.

                                                                    Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.

                                                                      "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
                                                                    1. 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
                                                                    2. in any other case, the Advocate-General for the Province in which the application is made.

                                                                    200. Transfer of High Court Judges

                                                                    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:

                                                                    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.

                                                                    Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.

                                                                    Explanation.- In this Article, "High Court" includes a Bench of a High Court. Judicial precedence

                                                                    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.

                                                                    Establishment of religious courts

                                                                    CHAPTER 3A. FEDERAL SHARIAT COURT

                                                                    203A. Provisions of Chapter to override other provisions of Constitution

                                                                    The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution.

                                                                    203B. Definitions

                                                                    In this Chapter, unless there is anything repugnant in the subject or context,-

                                                                    1. "Chief Justice" means Chief Justice of the Court;
                                                                    2. "Court" means the Federal Shariat Court constituted in pursuance of Article 203C;
                                                                    3. "Judge" means Judge of the Court;
                                                                    4. "law includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the 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 or insurance practice and procedure.

                                                                    203C. 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 in accordance with Article 175A.
                                                                    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 or has been a permanent Judge of a High Court.
                                                                    4. 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 having at least fifteen years experience in Islamic law, research or instruction.
                                                                    5. 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 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.

                                                                    Supreme/ordinary court judge removal Oaths to abide by constitution

                                                                    Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.

                                                                    203CC. Penal 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.]

                                                                    Status of religious law

                                                                    203D. 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, hereinafter referred to as the Injunctions of Islam.
                                                                    2. 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 Injunctions 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 to the Provincial Government in the case of a law with respect to a matter not enumerated in the Federal Legislative List, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.
                                                                    3. 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
                                                                      1. the reasons for its holding that opinion; and
                                                                      2. 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.

                                                                      1. the President in the case of a law with respect to a matter in the Federal Legislative List or the Governor in the case of a law with respect to a matter not enumerated in said List shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and
                                                                      2. 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.
                                                                      Status of religious law

                                                                      203DD. Revisional and other jurisdiction of the Court

                                                                      1. The Court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
                                                                      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 his own defence.

                                                                      203E. 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:
                                                                        1. summoning and enforcing the attendance of any person and examining him on oath;
                                                                        2. requiring the discovery and production of any document;
                                                                        3. receiving evidence on affidavits; and
                                                                        4. issuing commissions for the examination of witnesses or documents.
                                                                        Right to appeal judicial decisions

                                                                        203F. Appeal to Supreme Court

                                                                        1. Any party to any proceedings before the Court under Article 203D 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.

                                                                        1. 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
                                                                        2. if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.
                                                                        1. three Muslim Judges of the Supreme Court; and
                                                                        2. not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc members 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.

                                                                        203G. Bar of jurisdiction

                                                                        Save as provided in Article 203F, 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.

                                                                        Judicial precedence

                                                                        203GG. Decision of Court binding on High Court and courts subordinate to it

                                                                        Subject to Articles 203D and 203F, 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.

                                                                        203H. 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 commencement, 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 203B 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.

                                                                        203I. Administrative arrangements, etc

                                                                        [Omitted by the Constitution (Second Amdt.) Order, 1982, (P.O. No. 5 of 1982), Art. 8.]

                                                                        203J. 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:
                                                                          1. 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;
                                                                          2. the form of oath to be made by a Jurisconsult, expert or witness appearing before the Court 2;
                                                                          3. the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman;
                                                                          4. 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
                                                                          5. the decision of cases in which the members constituting a Bench are equally divided in their opinion.

                                                                          CHAPTER 4. GENERAL PROVISIONS RELATING TO THE JUDICATURE

                                                                          204. Contempt of Court

                                                                          1. In this Article, "Court" means the Supreme Court or a High Court.
                                                                          2. A Court shall have power to punish any person who-
                                                                            1. abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
                                                                            2. scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
                                                                            3. does anything which tends to prejudice the determination of a matter pending before the Court; or
                                                                            4. does any other thing which, by law, constitutes contempt of the Court.
                                                                            Protection of judges' salaries

                                                                            205. Remuneration etc., of judges

                                                                            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.

                                                                            206. Resignation

                                                                            1. A Judge of the Supreme Court or of 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.

                                                                            207. Judge not to hold office of profit, etc

                                                                            1. A Judge of the Supreme Court or of a High Court shall not-
                                                                              1. hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
                                                                              2. occupy any other position carrying the right to remuneration for the rendering of services.
                                                                              1. of the Supreme Court, shall not plead or act in any court or before any authority in Pakistan;
                                                                              2. of a High Court, shall not plead or act in any court or before any authority within its jurisdiction; and
                                                                              3. 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.
                                                                              Establishment of religious courts , Supreme court powers

                                                                              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.

                                                                              Establishment of judicial council

                                                                              209. Supreme Judicial Council

                                                                              1. There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
                                                                              2. The Council shall consist of-
                                                                                1. the Chief Justice of Pakistan;
                                                                                2. the two next most senior Judges of the Supreme Court; and
                                                                                3. 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.

                                                                                1. 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
                                                                                2. 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.

                                                                                Supreme/ordinary court judge removal
                                                                                1. may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
                                                                                2. may have been guilty of misconduct,

                                                                                the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.

                                                                                Supreme/ordinary court judge removal
                                                                                1. that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
                                                                                2. that he should be removed from office, the President may remove the Judge from office.
                                                                                Establishment of judicial council

                                                                                210. Power of Council to enforce attendance of persons, etc

                                                                                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.

                                                                                211. Bar of jurisdiction

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

                                                                                Establishment of administrative courts

                                                                                212. Administrative Courts and Tribunals

                                                                                  Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of-
                                                                                    matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters;
                                                                                  Ultra-vires administrative actions

                                                                                  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-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal.

                                                                                  Right to appeal judicial decisions

                                                                                  212A. Establishment of Military Courts or Tribunals

                                                                                  [Omitted by S.R.O. No. 1278 (1) 85, dated 30-12-85, read with proclamation of withdrawal of Martial Law dated 30-12-85 see Gaz. of P. 1985, Ext., Pt. 1, dated 3 0-12-85, 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

                                                                                  [Repealed 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

                                                                                  Electoral commission

                                                                                  CHAPTER 1. CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION

                                                                                  Legislative committees

                                                                                  213. Chief Election Commissioner

                                                                                  1. There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President.
                                                                                  2. No person shall be appointed to be Commissioner unless he has been a Judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty-eight years of age.

                                                                                  Explanation 1.-“senior civil servant” means civil servant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS-22 or above.

                                                                                  Explanation 2.-“technocrat” means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of achievements at the national or international level.

                                                                                  Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name.

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

                                                                                  Provided further that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, total membership of the Parliamentary Committee shall consist of the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.

                                                                                  Oaths to abide by constitution

                                                                                  214. Oath of Office

                                                                                  Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan and a member of the Election Commission shall make before the Commissioner oath in the form set-out in the Third Schedule.

                                                                                  215. Term of office of Commissioner and members

                                                                                  1. The Commissioner and a member shall, subject to this Article, hold office for a term of five years from the day he enters upon his office:

                                                                                  Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years:

                                                                                  Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years:

                                                                                  Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he has filled.

                                                                                  216. Commissioner and members not to hold office of profit

                                                                                  1. The Commissioner or a member shall not-
                                                                                    1. hold any other office of profit in the service of Pakistan; or
                                                                                    2. occupy any other position carrying the right to remuneration for the rendering of services.

                                                                                    217. Acting Commissioner

                                                                                    At any time when-

                                                                                    1. the office of Commissioner is vacant, or
                                                                                    2. the Commissioner is absent or is unable to perform the functions of his office due to any other cause,

                                                                                    the most senior member in age of the members of Commission shall act as Commissioner.

                                                                                    218. Election Commission

                                                                                    1. For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this Article.
                                                                                    2. The Election Commission shall consist of-
                                                                                      1. the Commissioner who shall be Chairman of the Commission; and
                                                                                      2. four members, one from each Province, each of whom shall be a person who has been a judge of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty-five years of age, to be appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.

                                                                                      Explanation.-“senior civil servant"’ and technocrat" shall have the same meaning as given in clause (2) o f Article 213.

                                                                                      Municipal government , Subsidiary unit government

                                                                                      219. Duties of Commission

                                                                                      The Commission shall be charged with the duty of-

                                                                                      1. preparing electoral rolls for election to the National Assembly, Provincial Assemblies and local governments, and revising such rolls periodically to keep them up-to-date;
                                                                                      2. organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly; and
                                                                                      3. appointing Election Tribunals;
                                                                                      4. the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and
                                                                                      5. such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament):

                                                                                      Provided that till such time as the members of the Commission are first appointed in accordance with the provisions of paragraph (b) of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.

                                                                                      220. Executive authorities to assist Commission, etc

                                                                                      It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commissioner and the Election Commission in the discharge of his or their functions.

                                                                                      221. Officers and staff

                                                                                      Until Majlis-e-Shoora (Parliament) by law otherwise provides, the Election Commission may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and staff to be employed in connection with the functions of the Election Commission and for their terms and conditions of employment.

                                                                                      CHAPTER 2. ELECTORAL LAWS AND CONDUCT OF ELECTIONS

                                                                                      222. Electoral laws

                                                                                      Subject to the Constitution, Majlis-e-Shoora (Parliament) may by law provide for-

                                                                                        the allocation of seats in the National Assembly as required by clauses (3) and (4) of Article 51;
                                                                                      Electoral districts

                                                                                      but no such law shall have the effect of taking away or abridging any of the powers of the Commissioner or the Election Commission under this Part.

                                                                                      223. Bar against double membership

                                                                                      Outside professions of legislators
                                                                                      1. both Houses; or
                                                                                      2. a House and a Provincial Assembly; or
                                                                                      3. the Assemblies of two or more Provinces; or
                                                                                      4. a House or a Provincial Assembly in respect of more than one seat.
                                                                                      Explanation.-In this clause, "body" means either House or a Provincial Assembly.

                                                                                      224. Time of Election and bye-election

                                                                                      Scheduling of elections Head of government replacement

                                                                                      On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care-taker Cabinet:

                                                                                      Provided that the care-taker Prime Minister shall be appointed by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly:

                                                                                      Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed:

                                                                                      Provided also that the Members of the Federal and Provincial care-taker Cabinets shall be appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case may be.

                                                                                      Explanation.- In this clause, "immediate family members" means spouse and children. Scheduling of elections Scheduling of elections Replacement of legislators , Scheduling of elections Replacement of legislators Replacement of legislators

                                                                                      When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such seat.

                                                                                      Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter.

                                                                                      Legislative committees

                                                                                      224A. Resolution by Committee or Election Commission

                                                                                      Head of government replacement Head of government replacement

                                                                                      The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the matter to it:

                                                                                      Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days.

                                                                                      225. Election dispute

                                                                                      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-e-Shoora (Parliament).

                                                                                      Secret ballot

                                                                                      226. Elections by secret ballot

                                                                                      All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.

                                                                                      PART IX. Islamic Provisions

                                                                                      Status of religious law

                                                                                      227. Provisions relating to the Holy Quran and Sunnah

                                                                                      1. All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran 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 "Quran and Sunnah shall mean the Quran and Sunnah as interpreted by the sect.

                                                                                      Head of state powers

                                                                                      228. Composition, etc., of Islamic Council

                                                                                      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 Quran 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-
                                                                                        1. so far as practicable various schools of thought are represented in the Council;
                                                                                        2. not less than two of the members are persons each of whom is, or has been a Judge of the Supreme Court or of a High Court;
                                                                                        3. not less than one third 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
                                                                                        4. at least one member is a woman.
                                                                                        Status of religious law

                                                                                        229. Reference by Majlis-e-Shoora (Parliament), etc., to Islamic Council

                                                                                        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 on any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

                                                                                        230. Functions of the Islamic Council

                                                                                        Status of religious law
                                                                                        1. to make recommendations to Majlis-e-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 Quran and Sunnah;
                                                                                        2. to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether proposed law is or is not repugnant to the Injunctions of Islam;
                                                                                        3. 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
                                                                                        4. to compile in a suitable form, for the guidance of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.

                                                                                        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.

                                                                                        231. Rules of procedure

                                                                                        The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with approval of the President.

                                                                                        Emergency provisions

                                                                                        PART X. Emergency Provisions

                                                                                        232. Proclamation of emergency on account of war, internal disturbance, etc

                                                                                        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:

                                                                                        Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a resolution from the Provincial Assembly of that Province shall be required:

                                                                                        Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days.

                                                                                        1. 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
                                                                                        2. 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
                                                                                        3. 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.

                                                                                        National vs subnational laws Joint meetings of legislative chambers
                                                                                        1. 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
                                                                                        2. 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.

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

                                                                                          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.
                                                                                        Head of state decree power Head of state decree power Head of state powers , Head of state decree power

                                                                                        234. Power to issue Proclamation in case of failure of Constitutional machinery in a Province

                                                                                        1. If the President, on receipt of a report from the Governor of a Province 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 by each House separately shall, by Proclamation,
                                                                                          1. 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;
                                                                                          2. declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, Majlis-e-Shoora (Parliament); and
                                                                                          3. 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.

                                                                                          Joint meetings of legislative chambers Joint meetings of legislative chambers
                                                                                          1. 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;
                                                                                          2. to Majlis-e-Shoora (Parliament) in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
                                                                                          3. 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
                                                                                          4. to Majlis-e-Shoora (Parliament) in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c)
                                                                                          Head of state powers

                                                                                          235. Proclamation in case of financial emergency

                                                                                          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) Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.

                                                                                          236. Revocation of Proclamation, etc

                                                                                          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.

                                                                                          237. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc

                                                                                          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.

                                                                                          Constitution amendment procedure

                                                                                          PART XI. Amendment of Constitution

                                                                                          238. Amendment of Constitution

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

                                                                                          239. Constitution, amendment Bill

                                                                                          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.
                                                                                          Subsidiary unit government

                                                                                          PART XII. Miscellaneous

                                                                                          CHAPTER 1. SERVICES

                                                                                          240. Appointments to service of Pakistan and conditions of service

                                                                                          Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined-

                                                                                          1. 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
                                                                                          2. 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).

                                                                                          241. Existing rules, etc., to continue

                                                                                          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.

                                                                                          242. Public Service Commission

                                                                                            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.
                                                                                          Head of state powers

                                                                                          CHAPTER 2. ARMED FORCES

                                                                                          243. Command of Armed Forces

                                                                                            The Federal Government shall have control and command of the Armed Forces.
                                                                                          Designation of commander in chief
                                                                                          1. to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and
                                                                                          2. to grant Commissions in such Forces.
                                                                                          Selection of active-duty commanders
                                                                                          1. the Chairman, Joint Chiefs of Staff Committee;
                                                                                          2. the Chief of the Army Staff;
                                                                                          3. the Chief of the Naval Staff; and
                                                                                          4. the Chief of the Air Staff,

                                                                                          and shall also determine their salaries and allowances.

                                                                                          Oaths to abide by constitution

                                                                                          244. Oath of Armed Forces

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

                                                                                          245. Functions of Armed Forces

                                                                                          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.
                                                                                          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.

                                                                                          CHAPTER 3. TRIBAL AREAS

                                                                                          246. Tribal Areas

                                                                                          In the Constitution,-

                                                                                          1. "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes-
                                                                                            1. the Tribal Areas of Balochistan and the Khyber Pakhtunkhwa Province.
                                                                                            2. the former States of Amb, Chitral, Dir and Swat;
                                                                                            1. 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
                                                                                            2. Zhob district, Loralai district (excluding Duki Tehsil), Dalbandin Tehsil of Chagai district and Marri and Bugti Tribal territories of Sibi district;
                                                                                            1. Tribal Areas, adjoining Peshawar district;
                                                                                            2. Tribal Areas adjoining Kohat district;
                                                                                            3. Tribal Areas adjoining Bannu district;
                                                                                            4. Tribal Areas adjoining Lakki Marwat district;
                                                                                            5. Tribal Areas adjoining Dera Ismail Khan district;
                                                                                            6. Tribal Areas adjoining Tank district;
                                                                                            7. Bajaur Agency;
                                                                                            8. Orakzai Agency;
                                                                                            9. Mohmand Agency;
                                                                                            10. Khyber Agency;
                                                                                            11. Kurram Agency;
                                                                                            12. North Waziristan Agency; and
                                                                                            13. South Waziristan Agency; and
                                                                                            1. paragraph (b),—
                                                                                              1. in sub-paragraph (i), shall stand merged in the Province of Khyber Pakhtunkhwa; and
                                                                                              2. in sub-paragraph (ii), shall stand merged in the Province of Balochistan; and
                                                                                              1. [Omitted by the Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018)]

                                                                                              CHAPTER 4. GENERAL

                                                                                              Head of state immunity

                                                                                              248. Protection to President, Governor, Minister, etc

                                                                                              Head of government immunity

                                                                                              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 offices 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.

                                                                                              249. Legal proceedings

                                                                                              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 the Province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the 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.
                                                                                              Compensation of legislators

                                                                                              250. Salaries, allowances, etc., of the President, etc

                                                                                              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 a 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,-
                                                                                                1. 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 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
                                                                                                2. 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.
                                                                                                1. the President;
                                                                                                2. the Chairman or Deputy Chairman;
                                                                                                3. the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
                                                                                                4. a Governor;
                                                                                                5. the Chief Election Commissioner; or
                                                                                                6. the Auditor-General;

                                                                                                shall not be varied to his disadvantage during his term of office.

                                                                                                Official or national languages

                                                                                                251. National language

                                                                                                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.
                                                                                                Protection of language use Head of state powers

                                                                                                252. Special provisions in relation to major ports and aerodromes

                                                                                                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.

                                                                                                253. Maximum limits as to property, etc

                                                                                                  Majlis-e-Shoora (Parliament) may by law-
                                                                                                    prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
                                                                                                  Right to competitive marketplace

                                                                                                  254. Failure to comply with requirement as to time does not render an act invalid

                                                                                                  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 other-wise ineffective by reason only that it was not done within that period.

                                                                                                  255. Oath of Office

                                                                                                  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.

                                                                                                  256. Private armies forbidden

                                                                                                  No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal.

                                                                                                  Accession of territory

                                                                                                  257. Provision relating to the State of Jammu and Kashmir

                                                                                                  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.

                                                                                                  Head of state powers

                                                                                                  258. Government of territories outside Provinces

                                                                                                  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.

                                                                                                  259. Awards

                                                                                                    No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government.
                                                                                                  Head of state powers

                                                                                                  CHAPTER 5. INTERPRETATION

                                                                                                  260. Definitions

                                                                                                  1. In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,-
                                                                                                  2. "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 the 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 means clause of the Article in which it occurs;

                                                                                                  "clause" means clause of the Article in which it occurs;
                                                                                                  1. the tax is not chargeable in respect of agricultural income;
                                                                                                  2. 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;
                                                                                                  3. 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-

                                                                                                  1. in relation to the Supreme Court, a person who is acting as a Judge of the Court; an
                                                                                                  2. 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.

                                                                                                  God or other deities

                                                                                                  261. Person acting in office not to be regarded as successor to previous occupant of office, etc

                                                                                                  For the purposes 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.

                                                                                                  262. Gregorian calendar to be used

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

                                                                                                  263. Gender and number

                                                                                                  In the Constitution,

                                                                                                  1. words importing the masculine gender shall be taken to include females; and
                                                                                                  2. words in the singular shall include the plural, and words in the plural shall include the singular.

                                                                                                  264. Effect of repeal of laws

                                                                                                  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,-

                                                                                                  1. revive anything not in force or existing at the time at which the repeal takes effect;
                                                                                                  2. affect the previous operation of the law or anything duly done or suffered under the law;
                                                                                                  3. affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
                                                                                                  4. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
                                                                                                  5. 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

                                                                                                  265. Title of Constitution and commencement

                                                                                                  1. This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.
                                                                                                  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-
                                                                                                    1. for the constitution of the first Senate;
                                                                                                    2. for the first meeting of a House or a joint sitting to be held;
                                                                                                    3. for the election of the President and the Prime Minister to be held; and
                                                                                                    4. 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.

                                                                                                    266. Repeal

                                                                                                    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.

                                                                                                    Transitional provisions

                                                                                                    CHAPTER 7. TRANSITIONAL

                                                                                                    267. Power of President to remove difficulties

                                                                                                    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.

                                                                                                    267A. Power to remove difficulties

                                                                                                    If any difficulty arises in giving effect to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred to as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act shall, during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient:

                                                                                                    Provided that this power shall be available for a period of one year from the commencement of the Act.

                                                                                                    267B. Removal of doubt

                                                                                                    For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed always to have been so omitted and substituted.

                                                                                                    268. Continuance in force, and adaptation of certain laws

                                                                                                    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. [omitted]
                                                                                                    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 an 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.

                                                                                                    269. Validation of law, acts, etc

                                                                                                    1. All Proclamations, Presidents 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.

                                                                                                    270. Temporary validation of certain laws, etc

                                                                                                    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 question 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.

                                                                                                    270A. Affirmation of President's Orders, etc

                                                                                                    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), 4, 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 judgement 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.

                                                                                                    1. in respect of President's Order's, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and
                                                                                                    2. 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.

                                                                                                    270AA. Declaration and continuance of laws etc

                                                                                                    1. The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the amendment made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), notwithstanding any judgement of any court including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect.
                                                                                                    2. Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all laws including President's Orders, Acts, Ordinances, Chief Executive's Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of December, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority.
                                                                                                    1. in respect of Presidents' Orders, Ordinances, Chief Executive's Orders and all other laws, the appropriate Legislature; and
                                                                                                    2. in respect of notification, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.
                                                                                                    1. Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), shall be deemed to have continued to hold the office as a Judge or to have been appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly.
                                                                                                    2. Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (1 of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.

                                                                                                    270B. Elections to be deemed to be held under Constitution

                                                                                                    Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977, and the Conduct of General Elections Order, 2002 (Chief Executive's Order No. 7 of 2002), to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.

                                                                                                    270BB. General Elections 2008

                                                                                                    Notwithstanding anything contained in the Constitution, or any other law for the time being in force, the General Elections 2008, to the National Assembly and the Provincial Assemblies held on the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect accordingly.

                                                                                                    271. First National Assembly

                                                                                                    1. Notwithstanding anything contained in the Constitution but subject to Article 63, Article 64 and Article 223,-
                                                                                                      1. the first National Assembly shall consist of-
                                                                                                        1. persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day; and
                                                                                                        2. the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51,

                                                                                                        and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to 'total membership' of National Assembly in the Constitution shall be construed accordingly;

                                                                                                        Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.

                                                                                                        272. First constitution of Senate

                                                                                                        Notwithstanding anything contained in the Constitution, but subject to Article 63 and Article 223,-

                                                                                                        1. the Senate shall, until the first National Assembly under Constitution continues in existences, consist of forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word "fourteen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total membership" of the Senate in the Constitution shall be construed accordingly;
                                                                                                        2. the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;
                                                                                                        3. the term of office of members of the first group and of the second group shall respectively be two years and four years;
                                                                                                        4. the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;
                                                                                                        5. the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;
                                                                                                        6. as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and
                                                                                                        7. the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.

                                                                                                        273. First Provincial Assembly

                                                                                                        1. Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,-
                                                                                                          1. the first Assembly of a Province under the Constitution shall consist of-
                                                                                                            1. the members of the Assembly of that Province in existence immediately before the commencing day, and
                                                                                                            2. the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,

                                                                                                            and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly;

                                                                                                            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.

                                                                                                            274. Vesting of property, assets, rights, liabilities and obligations

                                                                                                            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.
                                                                                                            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 -
                                                                                                              1. 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
                                                                                                              2. 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.

                                                                                                              275. Continuance in office of persons in service of Pakistan, etc

                                                                                                              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 -
                                                                                                                1. Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
                                                                                                                2. Governor of a Province;
                                                                                                                3. Chief Minister of a Province;
                                                                                                                4. Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
                                                                                                                5. Chief Election Commissioner;
                                                                                                                6. Attorney-General for Pakistan or Advocate-General for a Province; and
                                                                                                                7. Auditor-General of Pakistan.
                                                                                                                1. 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
                                                                                                                2. all authorities and all offices (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.

                                                                                                                276. Oath of first President

                                                                                                                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 provisions

                                                                                                                277. Transitional financial, provisions

                                                                                                                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-
                                                                                                                  1. any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
                                                                                                                  2. any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
                                                                                                                  3. any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province.

                                                                                                                  278. Accounts not audited before commencing day

                                                                                                                  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.

                                                                                                                  279. Continuance of taxes

                                                                                                                  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. Continuance of Proclamation of Emergency

                                                                                                                  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.

                                                                                                                  Motives for writing constitution

                                                                                                                  ANNEX. The Objectives Resolution (Article 2A)

                                                                                                                  God or other deities

                                                                                                                  In the name of Allah, the most beneficent, the most merciful.

                                                                                                                  God or other deities

                                                                                                                  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 Constituent 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;

                                                                                                                  Right to culture

                                                                                                                  Wherein adequate provision shall be made for the minorities to freely profess and practise their religions and develop their cultures;

                                                                                                                  Accession of territory

                                                                                                                  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;

                                                                                                                  Freedom of opinion/thought/conscience

                                                                                                                  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;

                                                                                                                  Judicial independence

                                                                                                                  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.

                                                                                                                  FIRST SCHEDULE. Laws exempted from the operation of Article 8 (1) and (2) [Article 8(3)(b) and (4)]

                                                                                                                  PART 1

                                                                                                                  I. President's Orders

                                                                                                                  1. The Acceding State (Property) Order, 1961 (P. 0. No. 12 of 1961).
                                                                                                                  2. The Economic Reforms Order, 1972 (P. 0. 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).
                                                                                                                  6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1975).
                                                                                                                  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. 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).
                                                                                                                  6. The Pakistan Army Act, 1952 (XXXIX of 1952).

                                                                                                                  IV. Ordinance Promulgated by the President

                                                                                                                  The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.

                                                                                                                  V. 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).

                                                                                                                  VI. Provincial Ordinance

                                                                                                                  The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.

                                                                                                                  PART 2

                                                                                                                  I. President's Orders

                                                                                                                  1. The Minerals (Acquisition and Transfer) Order, 1961 (P. 0. No. 8 of 1961).
                                                                                                                  2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. 0. No. 2 of 1972).
                                                                                                                  3. The Co-operative Societies (Reforms) Order, 1972 (P. 0. No. 9 of 1972).
                                                                                                                  4. The Life Insurance (Nationalization) Order, 1972 (P. 0. No. 10 of 1972).
                                                                                                                  5. The Martial Law (Pending Proceedings) Order, 1972 (P. 0. No. 14 of 1972).
                                                                                                                  6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. 0. 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. 0. 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. The 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).
                                                                                                                  Head of state selection , Electoral commission

                                                                                                                  SECOND SCHEDULE. Election of President [Article 41 (3)]

                                                                                                                  1. The Election Commission of Pakistan shall hold and conduct election to the office of President, and Chief Election Commissioner shall be the Returning Officer for such election.
                                                                                                                  2. The Election Commission of Pakistan shall appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.
                                                                                                                  3. The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.
                                                                                                                  4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination:

                                                                                                                  Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.

                                                                                                                  Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

                                                                                                                  Provided further that no person who has under paragraph 6 of this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

                                                                                                                  1. there is upon it any name, word or mark, by which the person voting may be identified; or
                                                                                                                  2. it does not contain the initials of the Presiding Officer; or
                                                                                                                  3. it does not contain mark; or
                                                                                                                  4. a mark is placed against the names of two or more candidates; or
                                                                                                                  5. there is any uncertainty as to the identity of the candidate against whose name the mark is placed.

                                                                                                                  18

                                                                                                                  1. The Chief Election Commissioner shall determine the result of the election in the following manner, namely:-
                                                                                                                    1. the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each candidate shall be counted;
                                                                                                                    2. the number of votes cast in a Provincial Assembly in favour of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and
                                                                                                                    3. the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a).

                                                                                                                    Explanation.-In this paragraph, "total number of seats" includes seats reserved for non-Muslims and women.