The Constitution of Islamic Republic of Pakistan

7/26/2019 The Constitution of Islamic Republic of Pakistan

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THE CONSTITUTION OF THE ISLAMIC REPUBLIC OFPAKISTAN

CONTENTS

1. The Republic and i! e""i#"ie!$. I!la% # be Sae "eli&i#n$A. The Ob'eci(e! Re!#lui#n # )#"% pa" #) !ub!ani(e p"#(i!i#n!*. Eli%inai#n #) e+pl#iai#n,. Ri&h #) indi(idual! # be deal -ih in acc#"dance -ih la- ec./. L#0al0 # Sae and #bedience # C#n!iui#n and la-. Hi&h "ea!#n2. 3e)inii#n #) he Sae4. La-! inc#n!i!en -ih #" in de"#&ai#n #) )unda%enal "i&h! # be

(#id5. Secu"i0 #) pe"!#n16. Sa)e&ua"d! a! # a""e! and deeni#n

16A. Ri&h # )ai" "ial11. Sla(e"0 )#"ced lab#u" ec. p"#hibied1$. P"#eci#n a&ain! "e"#!peci(e puni!h%en1*. P"#eci#n a&ain! d#uble puni!h%en and !el) inc"i%inai#n1,. In(i#labili0 #) di&ni0 #) %an ec.1/. F"eed#% #) %#(e%en ec.1. F"eed#% #) a!!e%bl0

12. F"eed#% #) a!!#ciai#n14. F"eed#% #) "ade bu!ine!! #" p"#)e!!i#n15. F"eed#% #) !peech ec$6. F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in!iui#n!$1. Sa)e&ua"d a&ain! a+ai#n )#" pu"p#!e! #) an0 pa"icula" "eli&i#n$$. Sa)e&ua"d! a! # educai#nal in!iui#n! in "e!pec #) "eli&i#n ec$*. P"#(i!i#n a! # p"#pe"0$,. P"#eci#n #) p"#pe"0 "i&h!$/. E7uali0 #) cii8en!$. N#n9di!c"i%inai#n in "e!pec #) acce!! # public place!$2. Sa)e&ua"d a&ain! di!c"i%inai#n in !e"(ice!$4. P"e!e"(ai#n #) lan&ua&e !c"ip and culu"e$5. P"inciple! #) P#lic0*6. Re!p#n!ibili0 -ih "e!pec # P"inciple! #) P#lic0*1. I!la%ic -a0 #) li)e*$. P"#%#i#n #) l#cal :#(e"n%en in!iui#n!**. Pa"#chial and #he" !i%ila" p"e'udice! # be di!c#u"a&ed*,. Full pa"icipai#n #) -#%en in nai#nal li)e*/. P"#eci#n #) )a%il0 ec.*. P"#eci#n #) %in#"iie!*2. P"#%#i#n #) !#cial 'u!ice and e"adicai#n #) !#cial e(il!*4. P"#%#i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple*5. Pa"icipai#n #) pe#ple in A"%ed F#"ce!,6. S"en&henin& b#nd! -ih Mu!li% -#"ld and p"#%#in&

ine"nai#nal peace,1. The P"e!iden,$. Oah #) P"e!iden,*. C#ndii#n! #) P"e!iden;! #))ice,,. Te"% #) #))ice #) P"e!iden,/. P"e!iden;! p#-e" # &"an pa"d#n ec.,. P"e!iden # be


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/6. Ma'li!9e9Sh##"a =Pa"lia%en>

/1. Nai#nal A!!e%bl0/$. 3u"ai#n #) Nai#nal A!!e%bl0/*. Spea

/4. 3i!!#lui#n #) he Nai#nal A!!e%bl0/5. The Senae6. Chai"%an and 3epu0 Chai"%an1. Ohe" p"#(i!i#n! "elain& # Senae

$. @uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>*. 3i!7uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a

=Pa"lia%en>

*A. 3i!7uali)icai#n #n &"#und! #) de)eci#n ec.,. ?acai#n #) !ea!/. Oah #) %e%be"!. P"i(ile&e! #) %e%be"! ec.2. Rule! #) P"#cedu"e ec.4. Re!"ici#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en>5. C#u"! n# # in7ui"e in# p"#ceedin&! #) Ma'li!9e9Sh##"a

=Pa"lia%en>

26. In"#duci#n and pa!!in& #) Bill!21. 2$. P"#cedu"e a '#in !iin&!2*. P"#cedu"e -ih "e!pec # M#ne0 Bill2,. Fede"al :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!2/. P"e!iden;! a!!en # Bill!2. Bill n# # lap!e #n p"#"#&ai#n ec.22. Ta+ # be le(ied b0 la- #nl024. Fede"al C#n!#lidaed Fund and Public Acc#un25. Cu!#d0 ec. #) Fede"al C#n!#lidaed Fund and Public Acc#un46. Annual Bud&e Sae%en41. E+pendiu"e cha"&ed up#n Fede"al C#n!#lidaed Fund4$. P"#cedu"e "elain& # Annual Bud&e Sae%en

4*. Auhenicai#n #) !chedule #) auh#"i!ed e+pendiu"e4,. Supple%ena"0 and e+ce!! &"an!4/. ?#e! #n acc#un4. P#-e" # auh#"i!e e+pendiu"e -hen A!!e%bl0 !and! di!!#l(ed42. Sec"ea"ia! #) Ma'li!9e9Sh##"a =Pa"lia%en>44. Finance C#%%iee!45. P#-e" #) P"e!iden # p"#%ul&ae O"dinance!

56. The Fede"al :#(e"n%en51. The Cabine5$. Fede"al Mini!e"! and Mini!e"! #) Sae

5*. Ad(i!e"!5,. P"i%e Mini!e" c#ninuin& in #))ice5/. ?#e #) n#9c#n)idence a&ain! P"i%e Mini!e"5. 52. E+en #) e+ecui(e auh#"i0 #) Fede"ai#n54. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!55. C#nduc #) bu!ine!! #) Fede"al :#(e"n%en166. A#"ne09:ene"al )#" Pa


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16,. Spea # le&i!lae )#" #ne #" %#"e

P"#(ince! b0 c#n!en

1,/. P#-e" #) P"e!iden # di"ec :#(e"n#" # di!cha"&e ce"ain)unci#n! a! hi! A&en1,. P#-e" #) Fede"ai#n # c#n)e" p#-e"! ec. #n P"#(ince! in ce"ain

ca!e!

1,2. P#-e" #) he P"#(ince! # en"u! )unci#n! # he Fede"ai#n1,4. Obli&ai#n #) P"#(ince! and Fede"ai#n1,5. 3i"eci#n! # P"#(ince! in ce"ain ca!e!1/6. Full )aih and c"edi )#" public ac! ec1/1. Ine"9P"#(incial "ade1/$. Ac7ui!ii#n #) land )#" Fede"al pu"p#!e!1/*. C#uncil #) C#%%#n Ine"e!!


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1/,. Funci#n! and "ule! #) p"#cedu"e1//. C#%plain! a! # ine")e"ence -ih -ae" !upplie!

1/. Nai#nal Ec#n#%ic C#uncil1/2. Elec"ici0

1/4. P"i#"i0 #) "e7ui"e%en! #) nau"al &a!1/5. B"#adca!in& and eleca!in&16. Nai#nal Finance C#%%i!!i#n11. Nau"al &a! and h0d"#9elec"ic p#-e"1$. P"i#" !anci#n #) P"e!iden # Bill! a))ecin& a+ai#n in -hich

P"#(ince! a"e ine"e!ed1*. P"#(incial a+e! in "e!pec #) p"#)e!!i#n! ec1,. :"an! #u #) C#n!#lidaed Fund1/. E+e%pi#n #) ce"ain public p"#pe"0 )"#% a+ai#n1/A. P#-e" #) Ma'li!9e9Sh##"a =Pa"lia%en> # i%p#!e a+ #n he inc#%e

#) ce"ain c#"p#"ai#n! ec

1. B#""#-in& b0 Fede"al :#(e"n%en12. B#""#-in& b0 P"#(incial :#(e"n%en14. Audi#"9:ene"al #) Pa


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$6*3. P#-e"! Du"i!dici#n and Funci#n! #) he C#u"$6*33 Re(i!i#n and #he" Du"i!dici#n #) he C#u"$6*E. P#-e"! and P"#cedu"e #) he C#u"$6*F. Appeal # Sup"e%e C#u"

$6*:. Ba" #) Du"i!dici#n$6*:: 3eci!i#n #) C#u" bindin& #n Hi&h C#u" and C#u"! !ub#"dinae # i$6*H. Pendin& p"#ceedin&! # c#ninue ec$6*I. $6*D. P#-e" # %a


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$/1. Nai#nal lan&ua&e$/$. Special p"#(i!i#n! in "elai#n # %a'#" p#"! and ae"#d"#%e!$/*. Ma+i%u% li%i! a! # p"#pe"0 ec$/,. Failu"e # c#%pl0 -ih "e7ui"e%en a! # i%e d#e! n# "ende" an

ac in(alid$//. Oah #) #))ice$/. P"i(ae a"%ie! )#"bidden$/2. P"#(i!i#n "elain& # he Sae #) Da%%u and Ka!h%i"$/4. :#(e"n%en #) e""i#"ie! #u!ide P"#(ince!$/5. A-a"d!$6. 3e)inii#n!$1. Pe"!#n acin& in #))ice n# # be "e&a"ded a! !ucce!!#" # p"e(i#u!

#ccupan #" #))ice ec$$. :"e"ian calenda" # be u!ed$*. :ende" and nu%be"

$,. E))ec #) "epeal #) la-!$/. Tile #) C#n!iui#n and c#%%ence%en$. Repeal$2. P#-e" #) P"e!iden # "e%#(e di))iculie!

$2A. P#-e" # "e%#(e di))iculie!$2B. Re%#(al #) d#ub$4. C#ninuance in )#"ce and adapai#n #) ce"ain la-!$5. ?alidai#n #) la-! ac! ec$26. Te%p#"a"0 (alidai#n #) ce"ain la-! ec$26A. A))i"%ai#n #) P"e!iden;! O"de"! ec

$26AA. 3ecla"ai#n and c#ninuance #) la-! ec

$26AAA.Validation and affirmation of laws etc270B. Eleci#n! # be dee%ed # be held unde" C#n!iui#n

$26BB. :ene"al Eleci#n! $664$26C. Oah #) #))ice #) Dud&e! ec$21. Fi"! Nai#nal A!!e%bl0$2$. Fi"! c#n!iui#n #) Senae$2*. Fi"! P"#(incial A!!e%bl0$2,. ?e!in& #) p"#pe"0 a!!e! "i&h! liabiliie! and #bli&ai#n!$2/. C#ninuance in #))ice #) pe"!#n! in !e"(ice #) Pa


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TET

(In the name of Allah, the most Beneficent, the most Merciful.)

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

[12thApril, 1973]

P"ea%ble.9 Whereas sovereignty over the entire Universe belongs to

Almighty Allah alone, and the authority to be exercised by the people of Pakistanwithin the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order;

Wherein the tate shall exercise its powers and authority through thechosen representatives of the people;

Wherein the principles of democracy, freedom, e!uality, tolerance andsocial "ustice, as enunciated by #slam, shall be fully observed;

Wherein the $uslims shall be enabled to order their lives in the individualand collective spheres in accordance with the teachings and re!uirements of #slam

as set out in the Holy %uran and unnah;Wherein ade!uate provision shall be made for the minorities freely to

profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan andsuch other territories as may hereafter be included in or accede to Pakistan shallform a &ederation wherein the units will be autonomous with such boundaries andlimitations on their powers and authority as may be prescribed;

Wherein shall be guaranteed fundamental rights, including e!uality ofstatus, of opportunity and before law, social, economic and political "ustice, andfreedom of thought, expression, belief, faith, worship and association, sub"ect to

law and public morality;

Wherein ade!uate provision shall be made to safeguard the legitimateinterests of minorities and backward and depressed classes;

Wherein the independence of the "udiciary shall be fully secured;

Wherein the integrity of the territories of the &ederation, its independenceand all its rights, including its sovereign rights on land, sea and air, shall besafeguarded;

o that the people of Pakistan may prosper and attain their rightful andhonoured place amongst the nations of the World and make their full contribution

towards international peace and progress and happiness of humanity;'ow, therefore, we, the people of Pakistan;

(onscious of our responsibility before Almighty Allah and men;

(ogni)ant of the sacrifices made by the people in the cause of Pakistan;

&aithful to the declaration made by the &ounder of Pakistan, %uaid*i*A)am$ohammad Ali +innah, that Pakistan would be a democratic tate based on#slamic principles of social "ustice;

edicated to the preservation of democracy achieved by the unremittingstruggle of the people against oppression and tyranny;


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#nspired by the resolve to protect our national and political unity andsolidarity by creating an egalitarian society through a new order;

o hereby, through our representatives in the 'ational Assembly, adopt,enact and give to ourselves, this (onstitution-

*********PART I

In"#duc#"0

1. The Republic and i! e""i#"ie!. ./0 Pakistan shall be &ederal 1epublic

to be known as the #slamic 1epublic of Pakistan, hereinafter referred to asPakistan-

.20 3he territories of Pakistan shall comprise 4*

.a0 the Provinces of /5alochistan, the 26hyber Pakhtunkhwa, the Pun"aband 7indh;

.b0 the #slamabad (apital 3erritory, hereinafter referred to as the &ederal(apital;

.c0 the &ederally Administered 3ribal Areas; and

.d0 such tates and territories as are or may be included in Pakistan,whether by accession or otherwise-

.70 $a"lis*e*hoora .Parliament0 may by law admit into the &ederationnew tates or areas on such terms and conditions as it thinks fit-

$. I!la% # be Sae "eli&i#n- #slam shall be the tate religion of Pakistan-

$A. The Ob'eci(e! Re!#lui#n # )#"% pa" #) !ub!ani(e p"#(i!i#n!-

3he principles and provisions set out in the ob"ectives 1esolution reproduced inthe Annex are hereby made substantive part of the (onstitution and shall haveeffect accordingly-

*. Eli%inai#n #) e+pl#iai#n-3he tate shall ensure the elimination of allforms of exploitation and the gradual fulfillment of the fundamental principle, fromeach according to his ability to each according to his work-

,. Ri&h #) indi(idual! # be deal -ih in acc#"dance -ih la- ec- ./03o en"oy the protection of law and to be treated in accordance with law is theinalienable right of every citi)en, wherever he may be, and of every other personfor the time being within Pakistan-

.20 #n particular*

.a0 no action detrimental to the life, liberty, body, reputation or propertyof any person shall be taken except in accordance with law;

.b0 no person shall be prevented from or be hindered in doing that whichis not prohibited by law; and

.c0 no person shall be compelled to do that which the law does notre!uire him to do-

/. L#0al0 # Sae and #bedience # C#n!iui#n and la-- ./0 8oyalty tothe tate is the basic duty of every citi)en-

.20 9bedience to the (onstitution and law is the inviolable obligation ofevery citi)en wherever he may be and of every other person for the time beingwithin Pakistan-

1Words :5aluchistan substituted by the (onstitution .


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. Hi&h "ea!#n- ./0 >Any person who abrogates or subverts or suspendsor holds in abeyance, or attempts or conspires to abrogate or subvert orsuspend or hold in abeyance, the (onstitution by use of force or show offorce or by any other unconstitutional means shall be guilty of high treason-

.20 Any person aiding or abetting ?@or collaborating the acts mentionedin clause ./0 shall likewise be guilty of high treason-

B.2A0 An act of high treason mentioned in clause ./0 or clause .20 shallnot be validated by any court including the upreme (ourt and a High (ourt-

.70 @$a"lis*e*hoora .Parliament0 shall by law provide for thepunishment of persons found guilty of high treason-

PART IIFunda%enal Ri&h! and P"inciple! #) P#lic0

2. 3e)inii#n #) he Sae- #n this Part, unless the context otherwise re!uires,Cthe tateC means the &ederal Dovernment, $a"lis*e*hoora .Parliament0, aProvincial Dovernment, a Provincial Assembly, and such local or other authoritiesin Pakistan as are by law empowered to impose any tax or cess-

Chape" 1. G Funda%enal Ri&h!

4. La-! inc#n!i!en -ih #" in de"#&ai#n #) )unda%enal "i&h! # be

(#id- ./0 Any law, or any custom or usage having the force of law, in so far as it isinconsistent with the rights conferred by this (hapter, shall, to the extent of suchinconsistency, be void-

.20 3he tate shall not make any law which takes away or abridges the

rights so conferred and any law made in contravention of this clause shall, to theextent of such contravention, be void-

.70 3he provisions of this Article shall not apply to*

.a0 any law relating to members of the Armed &orces, or of the police orof such other forces as are charged with the maintenance of publicorder, for the purpose of ensuring the proper discharge of their dutiesor the maintenance of discipline among them; or

.b0 any of the*

.i0 laws specified in the &irst chedule as in force immediatelybefore the commencing day or as amended by any of the lawsspecified in that chedule;

.ii0 other laws specified in Part # of the &irst chedule;

and no such law nor any provision thereof shall be void on theground that such law or provision is inconsistent with, orrepugnant to, any provision of this (hapter-

.>0 'otwithstanding anything contained in paragraph .b0 of clause .70,within a period of two years from the commencing day, the appropriate 8egislatureshall bring the laws specified in Part ## of the &irst chedule into conformity withthe rights conferred by this (hapter4

Provided that the appropriate 8egislature may by resolution extend the saidperiod of two years by a period not exceeding six months-

E+planai#n9#f in respect of any law $a"lis*e*hoora .Parliament0 is theappropriate 8egislature, such resolution shall be a resolution of the 'ational

Assembly-

4Words :Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires

to subvert the (onstitution by use of force or show of force or by other unconstitutional means shall be guilty

of high treason- substituted by the (onstitution .


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.?0 3he rights conferred by this (hapter shall not be suspended exceptas expressly provided by the (onstitution-

5. Secu"i0 #) pe"!#n-'o person shall be deprived of life or liberty saves inaccordance with law-

16. Sa)e&ua"d! a! # a""e! and deeni#n- ./0 'o person who is arrestedshall be detained in custody without being informed, as soon as may be, of thegrounds for such arrest, nor shall he be denied the right to consult and bedefended by a legal practitioner of his choice-

.20


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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 orattempting to act in a manner pre"udicial to the integrity, security or defence ofPakistan or any part thereof or who commits or attempts to commit any act which

amounts to an anti*national activity as defined in a &ederal law or is a member ofany association which has for its ob"ects, or which indulges in, any such anti*national activity-

.F0 3he appropriate 1eview 5oard shall determine the place of detentionof the person detained and fix a reasonable subsistence allowance for his family-

.G0 'othing in this Article shall apply to any person who for the timebeing is an enemy alien-

216A- Ri&h # )ai" "ial- &or the determination of his civil rights andobligations or in any criminal charge against him a person shall be entitled toa fair trial and due process-

11. Sla(e"0 )#"ced lab#u" ec. p"#hibied-./0 lavery is non*existent andforbidden and no law shall permit or facilitate its introduction into Pakistan in anyform-

.20 All forms of forced labour and traffic in human beings are prohibited-

.70 'o child below the age of fourteen years shall be engaged in anyfactory or mine or any other ha)ardous employment-

.>0 'othing in this Article shall be deemed to affect compulsory service

.a0 by any person undergoing punishment for an offence against anylaw; or

.b0 re!uired by any law for public purpose4

Provided that no compulsory service shall be of a cruel nature orincompatible with human dignity-

1$. P"#eci#n a&ain! "e"#!peci(e puni!h%en-./0 'o law shall authori)ethe punishment of a person*

.a0 for an act or omission that was not punishable by law at the time ofthe act or omission; or

.b0 for an offence by a penalty greater than, or of a kind different from,

the penalty prescribed by law for that offence at the time the offencewas committed-

.20 'othing in clause ./0 or in Article 2E= shall apply to any law makingacts of abrogation or subversion of a (onstitution in force in Pakistan at any timesince the twenty*third day of $arch, one thousand nine hundred and fifty*six, anoffence-

1*. P"#eci#n a&ain! d#uble puni!h%en and !el) inc"i%inai#n- 'operson*

.a0 shall be prosecuted or punished for the same offence more thanonce; or

.b0 shall, when accused of an offence, be compelled to be a witnessagainst himself-

1,. In(i#labili0 #) di&ni0 #) %an ec-./0 3he dignity of man and, sub"ect tolaw, the privacy of home, shall be inviolable-

.20 'o person shall be sub"ected to torture for the purpose of extractingevidence-

1/. F"eed#% #) %#(e%en ec-


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enter and move freely throughout Pakistan and to reside and settle in any partthereof-

1. F"eed#% #) a!!e%bl0-


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$6. F"eed#% # p"#)e!! "eli&i#n and # %ana&e "eli&i#u! in!iui#n!-ub"ect to law, public order and morality,*

.a0 every citi)en shall have the right to profess, practise and propagatehis religion; and

.b0 every religious denomination and every sect thereof shall have theright to establish, maintain and manage its religious institutions-

$1. Sa)e&ua"d a&ain! a+ai#n )#" pu"p#!e! #) an0 pa"icula" "eli&i#n -'operson shall be compelled to pay any special tax the proceeds of which are to bespent on the propagation or maintenance of any religion other than his own-

$$. Sa)e&ua"d! a! # educai#nal in!iui#n! in "e!pec #) "eli&i#n ec-./0 'o person attending any educational institution shall be re!uired to receivereligious instruction, or take part in any religious ceremony, or attend religiousworship, if such instruction, ceremony or worship relates to a religion other than

his own-.20 #n respect of any religious institution, there shall be no discrimination

against any community in the granting of exemption or concession in relation totaxation-

.70 ub"ect to law,

.a0 no religious community or denomination shall be prevented fromproviding religious instruction for pupils of that community ordenomination in any educational institution maintained wholly by thatcommunity or denomination; and

.b0 no citi)en shall be denied admission to any educational institution

receiving aid from public revenues on the ground only of race,religion, caste or place of birth-

.>0 'othing in this Article shall prevent any public authority from makingprovision for the advancement of any socially or educationally backward class ofciti)ens-

$*. P"#(i!i#n a! # p"#pe"0-


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or in order to secure the proper management of the property, or forthe benefit of its owner; or

.e0 any law providing for the ac!uisition of any class of property for thepurpose of*

.i0 providing education and medical aid to all or any specifiedclass of citi)ens; or

.ii0 providing housing and public facilities and services such asroads, water supply, sewerage, gas and electric power to allor any specified class of citi)ens; or

.iii0 providing maintenance to those who, on account ofunemployment, sickness, infirmity or old age, are unable tomaintain themselves; or

.f0 any existing law or any law made in pursuance of Article 2?7-

.>0 3he ade!uacy or otherwise of any compensation provided for by anysuch law as is referred to in this Article, or determined in pursuance thereof, shallnot be called in !uestion in any court-

$/. E7uali0 #) cii8en!-./0 All citi)ens are e!ual before law and are entitledto e!ual protection of law-

.20 3here shall be no discrimination on the basis of sex /=@-

.70 'othing in this Article shall prevent the tate from making anyspecial provision for the protection of women and children-

11$/A. Ri&h # educai#n- 3he tate shall provide free and compulsory

education to all children of the age of five to sixteen years in such manner asmay be determined by law-

$. N#n9di!c"i%inai#n in "e!pec #) acce!! # public place!-./0 #n respectof access to places of public entertainment or resort not intended for religiouspurposes only, there shall be no discrimination against any citi)en on the groundonly of race, religion, caste, sex, residence or place of birth-

.20 'othing in clause ./0 shall prevent the tate from making any specialprovision for women and children-

$2. Sa)e&ua"d a&ain! di!c"i%inai#n in !e"(ice!-./0 'o citi)en otherwise

!ualified for appointment in the service of Pakistan shall be discriminated againstin respect of any such appointment on the ground only of race, religion, caste, sex,residence or place of birth4

Provided that, for a period not exceeding forty years from the commencingday, posts may be reserved for persons belonging to any class or area to securetheir ade!uate representation in the service of Pakistan4

Provided further that, in the interest of the said service, specified posts orservices may be reserved for members of either sex if such posts or servicesentail the performance of duties and functions which cannot be ade!uatelyperformed by members of the other sex4

/2

@Provided also that under*representation of any class or area in theservice of Pakistan may be redressed in such manner as may be determinedby an Act of $a"lis*e*hoora .Parliament0-

.20 'othing in clause ./0 shall prevent any Provincial Dovernment, orany local or other authority in a Province, from prescribing, in relation to any postor class of service under that Dovernment or authority, conditions as to residencein the Province, for a period not exceeding three years, prior to appointment underthat Dovernment or authority-

10 Words :alone omitted by the (onstitution .


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$4. P"e!e"(ai#n #) lan&ua&e !c"ip and culu"e-ub"ect to Article 2?/ anysection of citi)ens having a distinct language, script or culture shall have the rightto preserve and promote the same and sub"ect to law, establish institutions for thatpurpose-

CHAPTER $.9PARINCIPLES OF POLIC

$5. P"inciple! #) P#lic0-./0 3he Principles set out in this (hapter shall beknown as the Principles of Policy, and it is the responsibility of each organ andauthority of the tate, and of each person performing functions on behalf of anorgan or authority of the tate, to act in accordance with those Principles in so faras they relate to the functions of the organ or authority-

.20 #n so far as the observance of any particular Principle of Policy maybe dependent upon resources being available for the purpose, the Principle shallbe regarded as being sub"ect to the availability of resources-

.70 #n respect of each year, the President in relation to the affairs of the&ederation, and the Dovernor of each Province in relation to the affairs of hisProvince, shall cause to be prepared and laid before the /7@each House of $a"lis*e*hoora .Parliament0 or, as the case may be, the Provincial Assembly, a report onthe observance and implementation of the Principles of Policy, and provision shallbe made in the rules of procedure of the 'ational Assembly />@and the enate or,as the case may be, the Provincial Assembly, for discussion on such report-

*6. Re!p#n!ibili0 -ih "e!pec # P"inciple! #) P#lic0- ./0 3heresponsibility of deciding whether any action of an organ or authority of the tate,or of a person performing functions on behalf of an organ or authority of the tate,is in accordance with the Principles of Policy is that of the organ or authority of the

tate, or of the person, concerned-

.20 3he validity of an action or of a law shall not be called in !uestion onthe ground that it is not in accordance with the Principles of Policy, and no actionshall lie against the tate or any organ or authority of the tate or any person onsuch ground-

*1- I!la%ic -a0 #) li)e- ./0 teps shall be taken to enable the $uslims ofPakistan, individually and collectively, to order their lives in accordance with thefundamental principles and basic concepts of #slam and to provide facilitieswhereby they may be enabled to understand the meaning of life according to theHoly %uran and unnah-

.20 3he state shall endeavour, as respects the $uslims of Pakistan,*

.a0 to make the teaching of the Holy %uran and #slamiat compulsory, toencourage and facilitate the learning of Arabic language and tosecure correct and exact printing and publishing of the Holy %uran;

.b0 to promote unity and the observance of the #slamic moral standards;and

.c0 to secure the proper organisation of )akat, ushr, au!af and mos!ues-

*$. P"#%#i#n #) l#cal :#(e"n%en in!iui#n!-3he tate shall encouragelocal Dovernment institutions composed of elected representatives of the areas

concerned and in such institutions special representation will be given to peasants,workers and women-

**. Pa"#chial and #he" !i%ila" p"e'udice! # be di!c#u"a&ed-3he tateshall discourage parochial, racial, tribal sectarian and provincial pre"udices amongthe citi)ens-

*,. Full pa"icipai#n #) -#%en in nai#nal li)e-teps shall be taken toensure full participation of women in all spheres of national life-

13Words :'ational Assembly substituted by the (onstitution .


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*/. P"#eci#n #) )a%il0 ec-3he tate shall protect the marriage, the family,the mother and the child-

*. P"#eci#n #) %in#"iie!-3he tate shall safeguard the legitimate rightsand interests of minorities, including their due representation in the &ederal and

Provincial services-

*2. P"#%#i#n #) !#cial 'u!ice and e"adicai#n #) !#cial e(il! -3he tateshall*

.a0 promote, with special care, the educational and economic interestsof backward classes or areas;

.b0 remove illiteracy and provide free and compulsory secondaryeducation within minimum possible period;

.c0 make technical and professional education generally available andhigher education e!ually accessible to all on the basis of merit;

.d0 ensure inexpensive and expeditious "ustice;

.e0 make provision for securing "ust and humane conditions of work,ensuring that children and women are not employed in vocationsunsuited to their age or sex, and for maternity benefits for women inemployment;

.f0 enable the people of different areas, through education, training,agricultural and industrial development and other methods, toparticipate fully in all forms of national activities, includingemployment in the service of Pakistan;

.g0 prevent prostitution, gambling and taking of in"urious drugs, printing,publication, circulation and display of obscene literature andadvertisements;

.h0 prevent the consumption of alcoholic li!uor otherwise than formedicinal and, in the case of non*$uslims, religious purposes; and

.i0 decentralise the Dovernment administration so as to facilitateexpeditious disposal of its business to meet the convenience andre!uirements of the public-

*4. P"#%#i#n #) !#cial and ec#n#%ic -ell9bein& #) he pe#ple -3he tateshall*

.a0 secure the well*being of the people, irrespective of sex, caste, creedor race, by raising their standard of living, by preventing theconcentration of wealth and means of production and distribution inthe hands of a few to the detriment of general interest and byensuring e!uitable ad"ustment of rights between employers andemployees, and landlords and tenants;

.b0 provide for all citi)ens, within the available resources of the country,facilities for work and ade!uate livelihood with reasonable rest andleisure;

.c0 provide for all persons employed in the service of Pakistan or

otherwise, social security by compulsory social insurance or othermeans;

.d0 provide basic necessities of life, such as food, clothing, housing,education and medical relief, for all such citi)ens, irrespective of sex,caste, creed or race, as are permanently or temporarily unable toearn their livelihood on account of infirmity, sickness orunemployment;

.e0 reduce disparity in the income and earnings of individuals, includingpersons in the various classes of the service of Pakistan; /?@

15

Words :and omitted by the (onstitution .


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.f0 eliminate riba as early as possible; and

/[email protected] ensure that the shares of the Provinces in all &ederal services,including autonomous bodies and corporations established by, orunder the control of, the &ederal Dovernment, shall be securedand any omission in the allocation of the shares of the Provincesin the past shall be rectified-

*5. Pa"icipai#n #) pe#ple in A"%ed F#"ce! -3he tate shall enable peoplefrom all parts of Pakistan to participate in the Armed &orces of Pakistan-

,6. S"en&henin& b#nd! -ih Mu!li% -#"ld and p"#%#in& ine"nai#nal

peace-3he tate shall endeavour to preserve and strengthen fraternal relationsamong $uslim countries based on #slamic unity, support the common interests ofthe peoples of Asia, Africa and 8atin America, promote international peace andsecurity, foster goodwill and friendly relations among all nations and encourage

the settlement of international disputes by peaceful means-*******

PART IIIThe Fede"ai#n #) Pa


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,$. Oah #) P"e!iden-5efore entering upon office, the President shall makebefore the (hief +ustice of Pakistan oath in the form set out in the 3hird chedule-

,*. C#ndii#n! #) P"e!iden;! #))ice-./0 3he President shall not hold anyoffice of profit in the service of Pakistan or occupy any other position carrying the

right to remuneration for the rendering of services-

.20 3he President shall not be a candidate for election as a member of$a"lis*e*hoora .Parliament0 or a Provincial Assembly; and, if a member of $a"lis*e*hoora .Parliament0 or a Provincial Assembly is elected as President, his seat in$a"lis*e*hoora .Parliament0 or, as the case may be, the Provincial Assemblyshall become vacant on the day he enters upon his office-

,,. Te"% #) #))ice #) P"e!iden-./0 ub"ect to the (onstitution, the Presidentshall hold office for a term of five years from the day he enters upon his office4

Provided that the President shall, notwithstanding the expiration of his

terms, continue to hold office until his successor enters upon his office-.20 ub"ect to the (onstitution, a person holding office as President shall

be eligible for re*election to that office, but no person shall hold that office for morethan two consecutive terms-

.70 3he President may, by writing under his hand addressed to thepeaker of the 'ational Assembly, resign his office-

,/. P"e!iden;! p#-e" # &"an pa"d#n ec-3he President shall have powerto grant pardon, reprieve and respite, and to remit, suspend or commute anysentence passed by any court, tribunal or other authority-

/G@,. P"e!iden # be


19/138

legislative proposals the &ederal Dovernment intends to bring before $a"lis*e*hoora .Parliament0-

,2. Re%#(al #" i%peach%en #) P"e!iden- ./0 'otwithstanding anythingcontained in the (onstitution, the President may, in accordance with the provisions

of this Article, be removed from office on the ground of physical or mentalincapacity or impeached on a charge of violating the (onstitution or grossmisconduct-

.20 'ot less than one*half of the total membership of either House maygive to the peaker of the 'ational Assembly or, as the case may be, the(hairman written notice of its intention to move a resolution for the removal of, or,as the case may be, to impeach, the President; and such notice shall set out theparticulars of his incapacity or of the charge against him-

.70 #f a notice under clause .20 is received by the (hairman, he shalltransmit it forthwith to the peaker-

.>0 3he peaker shall, within three days of the receipt of a notice underclause .20 or clause .70, cause a copy of the notice to be transmitted to thePresident-

.?0 3he peaker shall summon the two Houses to meet in a "oint sittingnot earlier than seven days and not later than fourteen days after the receipt of thenotice by him-

.B0 3he "oint sitting may investigate or cause to be investigated the groundor the charge upon which the notice is founded-

.E0 3he President shall have the right to appear and be represented

during the investigation, if any, and before the "oint sitting-.F0 #f, after consideration of the result of the investigation, if any, a

resolution is passed at the "oint sitting by the votes of not less than two*thirds ofthe total membership of $a"lis*e*hoora .Parliament0 declaring that the Presidentis unfit to hold the office due to incapacity or is guilty of violating the (onstitution orof gross misconduct, the President shall cease to hold office immediately on thepassing of the resolution-

,4. P"e!iden # ac #n ad(ice ec-./0 #n the exercise of his functions, thePresident shall act 2=@on and in accordance with the advice of the (abinet or thePrime $inister-

Provided that 2/@within fifteen days the President may re!uire the (abinetor, as the case may be, the Prime $inister to reconsider such advice, eithergenerally or otherwise, and the President shall 22@, within ten days, act inaccordance with the advice tendered after such reconsideration-

.20 'otwithstanding anything contained in clause ./0, the President shallact in his discretion in respect of any matter in respect of which he is empoweredby the (onstitution to do so and the validity of anything done by the President inhis discretion shall not be called in !uestion on any ground whatsoever-

.>0 3he !uestion whether any, and if so what, advice was tendered tothe President by the (abinet, the Prime $inister, a $inister or $inister of tate

shall not be in!uired into in, or by, any court, tribunal or other authority-27@.?0 Where the President dissolves the 'ational Assembly,

notwithstanding anything contained in clause ./0, he shall,*

20#nserted by the (onstitution .


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.a0 appoint a date, not later than ninety days from the date of thedissolution, for the holding of a general election to the Assembly; and

.b0 appoint a care*taker (abinet-

2>

@.B0- #f at any time the Prime $inister considers it necessary to hold areferendum on any matter of national importance, he may refer the matter toa "oint sitting of the $a"lis*e*hoora .Parliament0 and if it is approved in a "ointsitting, the Prime $inister may cause such matter to be referred to areferendum in the form of a !uestion that is capable of being answered byeither :Jes or :'o-

.E0 An act of $a"lis*e*hoora .Parliament0 may lay down the procedurefor the holding of a referendum and the compiling and consolidation of the result ofa referendum-

,5. Chai"%an #" Spea/6. Ma'li!9e9Sh##"a =Pa"lia%en>- 3here shall be a $a"lis*e*hoora.Parliament0 of Pakistan consisting of the President and two Houses to be knownrespectively as the 'ational Assembly and the enate-

243he following clause .B0 of Article >F was substituted by the (onstitution .


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2?@/1- Nai#nal A!!e%bl0- ./0 3here shall be three hundred and forty*twoseats for members in the 'ational Assembly, including seats reserved forwomen and non*$uslims-

.20 A person shall be entitled to vote if*

.a0 he is a citi)en of Pakistan;

.b0 he is not less than eighteen years of age;

.c0 his name appears on the electoral roll; and

.d0 he is not declared by a competent court to be of unsound mind-

253he following Article 'o-?/ substituted by the (onstitution .F7?/F7

indB//>E?

&A3A/2*/2

&ederal (apital

2*2

3otal2E2B=772

.20 A person shall be entitled to vote if4



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.70 3he seats in the 'ational Assembly referred to in clause ./0,except as provided in clause .>0, shall be allocated to each Province, the&ederally Administered 3ribal Areas and the &ederal (apital as under4K

:ene"al Sea! J#%en T#al

5alochistan /> 7 /E

6hyber Pakhtunkhwa 7? F >7

Pun"ab />F 7? /F7

indh B/ /> E?

&ederally Administered 3ribalAreas

/2 * /2

&ederal (apital 2 * 2

T#al $2$ 6 **$

.>0 #n addition to the number of seats referred to in clause .70, thereshall be, in the 'ational Assembly, ten seats reserved for non*$uslims-

.?0 3he seats in the 'ational Assembly shall be allocated to eachProvince, the &ederally Administered 3ribal Areas and the &ederal (apital onthe basis of population in accordance with the last preceding census officiallypublished-

.B0 &or the purpose of election to the 'ational Assembly,*

.a0 the constituencies for the general seats shall be single memberterritorial constituencies and the members to fill such seats shallbe elected by direct and free vote in accordance with law;

.b0 each Province shall be a single constituency for all seatsreserved for women which are allocated to the respectiveProvinces under clause .70;

.b0 he is not less than @eighteen years of age;

.c0 his name appears on the electoral roll; and

.d0 he is not declared by a competent court to be of unsound [email protected] #n addition to the number of seats referred to in clause ./A0, there shall be, in the 'ational

Assembly, ten seats reserved for non*$uslims-.70 3he seats in the 'ational Assembly shall be allocated to each Province, the &ederally

Administered 3ribal Areas and the &ederal (apital on the basis of population in accordance with the lastpreceding census officially published-

@.>0 &or the purpose of election to the 'ational Assembly,*.a0 the constituencies for the general seats shall be single member territorial constituencies

and the members to fill such seats shall be elected by direct and free vote in accordancewith law;

.b0 each Province shall be a single constituency for all;

.c0 the constituency for all seats reserved for non*$uslims shall be the whole country;

.d0 members to the seats reserved for women which are allocated to a Province under clause./A0 shall be elected in accordance with law through proportional representation system of

political partiesL lists of candidates on the basis of total number of general seats secured byeach political party from the Province concerned in the 'ational Assembly4@Provided that for the purpose of this sub*clause the total number of general seats won bya political party shall include the independent returned candidate or candidates who mayduly "oin such political party within three days of the publication in the official Da)ette of thenames of the returned candidates-

.e0 members to the seats reserved for non*$uslims shall be elected in accordance with lawthrough proportional representation system of political parties lists of candidates on thebasis of total number of general seats won by each political party in the 'ational Assembly4@Provided that for the purpose of this sub*clause the total number of general seats won bya political party shall include the independent returned candidate or candidates who mayduly "oin such political party within three days of the publication in the official Da)ette of thenames of the returned candidates-


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.c0 the constituency for all seats reserved for non*$uslims shall bethe whole country;

.d0 members to the seats reserved for women which are allocated toa Province under clause .70 shall be elected in accordance withlaw through proportional representation system of politicalpartiesM lists of candidates on the basis of total number of generalseats secured by each political party from the Provinceconcerned in the 'ational Assembly4

Provided that for the purpose of this paragraph the total numberof general seats won by a political party shall include theindependent returned candidate or candidates who may duly "oinsuch political party within three days of the publication in theofficial Da)ette of the names of the returned candidates; and

.e0 members to the seats reserved for non*$uslims shall be electedin accordance with law through proportional representationsystem of political partiesM lists of candidates on the basis of totalnumber of general seats won by each political party in the'ational Assembly4

Provided that for the purpose of this paragraph the total numberof general seats won by a political party shall include theindependent returned candidate or candidates who may duly "oinsuch political party within three days of the publication in theofficial Da)ette of the names of the returned candidates-

/$. 3u"ai#n #) Nai#nal A!!e%bl0- 3he 'ational Assembly shall, unlesssooner dissolved, continue for a term of five years from the day of its first meetingand shall stand dissolved at the expiration of its term-

/*. Spea0 3he peaker or the eputy peaker shall not preside at a meeting ofthe Assembly when a resolution for his removal from office is being considered-

.?0 3he peaker may, by writing under his hand addressed to thePresident, resign his office-

.B0 3he eputy peaker may, by writing under his hand addressed tothe peaker, resign his office-

.E0 3he office of peaker or eputy peaker shall become vacant if*

.a0 he resigns his office;

.b0 he ceases to be a member of the Assembly; or


24/138

.c0 he is removed from office by a resolution of the Assembly, of whichnot less than seven daysM notice has been given and which is passedby the votes of the ma"ority of the total membership of the Assembly-

.F0 When the 'ational Assembly is dissolved the peaker shall continue

in his office till the person elected to fill the office by the next Assembly entersupon his office-

/,. Su%%#nin& and p"#"#&ai#n #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0 3hePresident may, from time to time, summon either House or both Houses or $a"lis*e*hoora .Parliament0 in "oint sitting to meet at such time and place as he thinks fitand may also prorogue the same-

.20 3here shall be at least three sessions of the 'ational Assemblyevery year, and not more than one hundred and twenty days shall intervenebetween the last sitting of the Assembly in one session and the date appointed forits first sitting in the next session4

Provided that the 'ational Assembly shall meet for not less than onehundred and thirty working days in each year-

E+planai#n.9 #n this clause, Cworking daysC includes any day on whichthere is a "oint sitting and any period, not exceeding two days, for which the'ational Assembly is ad"ourned-

.70 9n a re!uisition signed by not less than one*fourth of the totalmembership of the 'ational Assembly, the peaker shall summon the 'ational

Assembly to meet, at such time and place as he thinks fit, within fourteen days ofthe receipt of the re!uisition; and when the peaker has summoned the Assemblyonly he may prorogue it-

//. ?#in& in A!!e%bl0 and 7u#"u%- ./0 ub"ect to the (onstitution, alldecisions of the 'ational Assembly shall be taken by ma"ority of the memberspresent and voting, but the person presiding shall not vote except in the case ofe!uality of votes-

.20 #f at any time during a sitting of the 'ational Assembly the attentionof the person presiding is drawn to the fact that less than one*fourth of the totalmembership of the Assembly is present, he shall either ad"ourn the Assembly orsuspend the meeting until at least one*fourth of such membership is present-

/. Add"e!! b0 P"e!iden-./0 3he President may address either House or

both Houses assembled together and may for that purpose re!uire the attendanceof the members-

.20 3he President may send messages to either House, whether withrespect to a 5ill then pending in the $a"lis*e*hoora .Parliament0 or otherwise, anda House to which any message is so sent shall with all convenient dispatchconsider any matter re!uired by the message to be taken into consideration-

.70 At the commencement of the first session after each general electionto the 'ational Assembly and at the commencement of the first session of eachyear the President shall address both Houses assembled together and inform the$a"lis*e*hoora .Parliament0 of the causes of its summons-

.>0 Provision shall be made in the rules for regulating the procedure of aHouse and the conduct of its business for the allotment of time for discussion ofthe matters referred to in the address of the President-

/2. Ri&h # !pea< in Ma'li!9e9Sh##"a =Pa"lia%en> -3he Prime $inister, a&ederal $inister, a $inister of tate and the Attorney Deneral shall have the rightto speak and otherwise take part in the proceedings of either House, or a "ointsitting or any committee thereof, of which he may be named a member, but shallnot by virtue of this Article be entitled to vote-


25/138

2B@/4- 3i!!#lui#n #) he Nai#nal A!!e%bl0- ./0 3he President shalldissolve the 'ational Assembly if so advised by the Prime $inister; and the'ational Assembly shall, unless sooner dissolved, stand dissolved at theexpiration of forty*eight hours after the Prime $inister has so advised-

E+planai#n.9 1eference in this Article to :Prime $inister shall not beconstrued to include reference to a Prime $inister against whom a notice of aresolution for a vote of no*confidence has been given in the 'ational

Assembly but has not been voted upon or against whom such a resolutionhas been passed or who is continuing in office after his resignation or afterthe dissolution of the 'ational Assembly-

.20 'otwithstanding anything contained in clause .20 of Article >F,the President may also dissolve the 'ational Assembly in his discretionwhere, a vote of no*confidence having been passed against the Prime

$inister, no other member of the 'ational Assembly commands theconfidence of the ma"ority of the members of the 'ational Assembly inaccordance with the provisions of the (onstitution, as ascertained in asession of the 'ational Assembly summoned for the purpose-

263he following Article 'o-?F substituted by the (onstitution .


26/138

$2/5. The Senae- ./0 3he enate shall consist of one hundred and fourmembers, of whom,*

.a0 fourteen shall be elected by the members of each ProvincialAssembly;

.b0 eight shall be elected from the &ederally Administered 3ribalAreas, in such manner as the President may, by 9rder,prescribe;

.c0 two on general seats, and one woman and one technocratincluding aalim shall be elected from the &ederal (apital in suchmanner as the President may, by 9rder, prescribe;

.d0 four women shall be elected by the members of each ProvincialAssembly;

.e0 four technocrats including ulema shall be elected by themembers of each Provincial Assembly; and

.f0 four non*$uslims, one from each Province, shall be elected bythe members of each Provincial Assembly4

Provided that paragraph .f0 shall be effective from the nextenate election after the commencement of the (onstitution.


27/138

.70 3he enate shall not be sub"ect to dissolution but the term of itsmembers, who shall retire as follows, shall be six years4

.a0 of the members referred to in paragraph .a0 of clause ./0, sevenshall retire after the expiration of the first three years and sevenshall retire after the expiration of the next three years;

.b0 of the members referred to in paragraph .b0 of the aforesaidclause, four shall retire after the expiration of the first three yearsand four shall retire after the expiration of the next three years;

.c0 of the members referred to in paragraph .c0 of the aforesaidclause,*

.i0 one elected on general seat shall retire after the expirationof the first three years and the other one shall retire afterthe expiration of the next three years; and

.ii0 one elected on the seat reserved for technocrat shall retireafter first three years and the one elected on the seatreserved for women shall retire after the expiration of thenext three years;

.d0 of the members referred to in paragraph .d0 of the aforesaidclause, two shall retire after the expiration of the first three yearsand two shall retire after the expiration of the next three years;

.e0 of the members referred to in paragraph .e0 of the aforesaidclause, two shall retire after the expiration of the first three yearsand two shall retire after the expiration of the next three years;and

.f0 of the members referred to in paragraph .f0 of the aforesaidclause, two shall retire after the expiration of first three years andtwo shall retire after the expiration of next three years4

Provided that the 0 3he term of office of a person elected to fill a casual vacancyshall be the unexpired term of the member whose vacancy he has filled-

6. Chai"%an and 3epu0 Chai"%an- ./0 After the enate has been dulyconstituted, it shall, at its first meeting and to the exclusion of any other business,elect from amongst its members a (hairman and a eputy (hairman and, so oftenas the office of (hairman or eputy (hairman becomes vacant, the enate shallelect another member as (hairman or, as the case may be, eputy (hairman-

.20 3he term of office of the (hairman or eputy (hairman shall bethree years from the day on which he enters upon his office-

1. Ohe" p"#(i!i#n! "elain& # Senae-3he provisions of clauses .20 to .E0

of Article ?7, clauses .20 and .70 of Article ?> and Article ?? shall apply to theenate as they apply to the 'ational Assembly and, in their application to theenate, shall have effect as if references therein to the 'ational Assembly,peaker and eputy peaker were references, respectively, to the enate,(hairman and eputy (hairman and as if, in the proviso to the said clause .20 of

Article ?>, for the words one hundred and thirty the word 2F@one hundred and tenwere substituted-

28

Words :ninety substituted by the (onstitution .


28/138

2G@$. @uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0A person shall not be !ualified to be elected or chosen as a member of $a"lis*e*hoora .Parliament0 unlessN


.b0 he is, in the case of the 'ational Assembly, not less than twenty*five years of age and is enrolled as a voter in any electoral roll in*

.i0 any part of Pakistan, for election to a general seat or aseat reserved for non*$uslims; and

.ii0 any area in a Province from which she seeks membershipfor election to a seat reserved for women-

.c0 he is, in the case of the enate, not less than thirty years of ageand is enrolled as a voter in any area in a Province or, as the

case may be, the &ederal (apital or the &ederally Administered3ribal Areas, from where he seeks membership;

.d0 he is of good character and is not commonly known as one whoviolates #slamic #n"unctions;

.e0 he has ade!uate knowledge of #slamic teachings and practicesobligatory duties prescribed by #slam as well as abstains fromma"or sins;

.f0 he is sagacious, righteous, non*profligate, honest and ameen,there being no declaration to the contrary by a court of law; and

.g0 he has not, after the establishment of Pakistan, worked againstthe integrity of the country or opposed the ideology of Pakistan4

.20 3he dis!ualifications specified in paragraphs .d0 and .e0 shall notapply to a person who is a non*$uslim, but such a person shall have goodmoral reputation;

293he following Article 'o-B2 substituted by the (onstitution .


29/138

7=@*. 3i!7uali)icai#n! )#" %e%be"!hip #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0A person shall be dis!ualified from being elected or chosen as, and frombeing, a member of the $a"lis*e*hoora .Parliament0, ifN

.a0 he is of unsound mind and has been so declared by a competentcourt; or

.b0 he is an undischarged insolvent; or

.c0 he ceases to be a citi)en of Pakistan, or ac!uires the citi)enshipof a foreign tate; or

303he following Article 'o-B7 substituted by the (onstitution .


30/138

.d0 he holds an office of profit in the service of Pakistan other thanan office declared by law not to dis!ualify its holder; or

.e0 he is in the service of any statutory body or any body which isowned or controlled by the Dovernment or in which theDovernment has a controlling share or interest; or

.f0 being a citi)en of Pakistan by virtue of section />5 of thePakistan (iti)enship Act, /G?/ .## of /G?/0, he is for the timebeing dis!ualified under any law in force in A)ad +ammu and6ashmir from being elected as a member of the 8egislative

Assembly of A)ad +ammu and 6ashmir; or

.g0 he has been convicted by a court of competent "urisdiction forpropagating any opinion, or acting in any manner, pre"udicial tothe ideology of Pakistan, or the sovereignty, integrity or security

of Pakistan, or the integrity or independence of the "udiciary ofPakistan, or which defames or brings into ridicule the "udiciary orthe Armed &orces of Pakistan, unless a period of five years haselapsed since his release; or

.h0 he has been, on conviction for any offence involving moralturpitude, sentenced to imprisonment for a term of not less thantwo years, unless a period of five years has elapsed since hisrelease; or

.i0 he has been dismissed from the service of Pakistan or service of

a corporation or office set up or controlled by the &ederalDovernment, Provincial Dovernment or a 8ocal Dovernment onthe ground of misconduct, unless a period of five years haselapsed since his dismissal; or

."0 he has been removed or compulsorily retired from the service ofPakistan or service of a corporation or office set up or controlledby the &ederal Dovernment, Provincial Dovernment or a 8ocalDovernment on the ground of misconduct, unless a period ofthree years has elapsed since his removal or compulsoryretirement; or

.k0 he has been in the service of Pakistan or of any statutory body orany body which is owned or controlled by the Dovernment or in

.ii0 the office of 8umbardar, whether called by this or any other title;

.iii0 the %aumi 1a)akars;

.iv0 any office the holder whereof, by virtue of such office, is liable to be called up formilitary training or military service under any law providing for the constitution orraising of a &orce; or

@.p0 he has been convicted and sentenced to imprisonment for having absconded by acompetent court under any law for the time being in force; or

.!0 he has obtained a loan for an amount of two million rupees or more, from any bank,financial institution, cooperative society or cooperative body in his own name or in the

name of his spouse or any of his dependents, which remains unpaid for more than oneyear from the due date, or has got such loan written off; or

.r0 he or his spouse or any of his dependents has defaulted in payment of government duesand utility expenses, including telephone, electricity, gas and water charges in excess often thousand rupees, for over six months, at the time of filing his nomination papers @; or

@.s0 he is for the time being dis!ualified from being elected or chosen as a member of the$a"lis*e*hoora .Parliament0or of a Provincial Assembly under any law for the time being inforce-

@.20 #f any !uestion arises whether a member of $a"lis*e*hoora .Parliament0 has becomedis!ualified from being a member, the peaker or, as the case may be, the (hairman shall, within thirtydays from raising of such !uestion refer the !uestion to the (hief


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which the Dovernment has a controlling share or interest, unlessa period of two years has elapsed since he ceased to be in suchservice; or

.l0 he, whether by himself or by any person or body of persons intrust for him or for his benefit or on his account or as a memberof a Hindu undivided family, has any share or interest in acontract, not being a contract between a cooperative society andDovernment, for the supply of goods to, or for the execution ofany contract or for the performance of any service undertakenby, Dovernment4

Provided that the dis!ualification under this paragraph shall notapply to a personN

.i0 where the share or interest in the contract devolves

on him by inheritance or succession or as a legatee,executor or administrator, until the expiration of six monthsafter it has so devolved on him;

.ii0 where the contract has been entered into by or onbehalf of a public company as defined in the (ompanies9rdinance, /GF> .O8## of /GF>0, of which he is ashareholder but is not a director holding an office of profitunder the company; or

.iii0 where he is a member of a Hindu undivided family

and the contract has been entered into by any othermember of that family in the course of carrying on aseparate business in which he has no share or interest;

E+planai#n. #n this Article :goods does not includeagricultural produce or commodity grown or produced by him or suchgoods as he is, under any directive of Dovernment or any law for thetime being in force, under a duty or obligation to supply; or

.m0 he holds any office of profit in the service of Pakistan other thanthe following offices, namely4*

.i0 an office which is not whole time office remunerated eitherby salary or by fee;

.ii0 the office of 8umbardar, whether called by this or anyother title;

.iii0 the %aumi 1a)akars;

.iv0 any office the holder whereof, by virtue of such office, isliable to be called up for military training or military serviceunder any law providing for the constitution or raising of a&orce; or

.n0 he has obtained a loan for an amount of two million rupees ormore, from any bank, financial institution, cooperative society orcooperative body in his own name or in the name of his spouseor any of his dependents, which remains unpaid for more thanone year from the due date, or has got such loan written off; or

.o0 he or his spouse or any of his dependents has defaulted inpayment of government dues and utility expenses, includingtelephone, electricity, gas and water charges in excess of tenthousand rupees, for over six months, at the time of filing hisnomination papers; or


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.p0 he is for the time being dis!ualified from being elected or chosenas a member of the $a"lis*e*hoora .Parliament0 or of aProvincial Assembly under any law for the time being inforce-

Explanation.9 &or the purposes of this paragraph :law shall notinclude an 9rdinance promulgated under Article FG or Article/2F-

.20 #f any !uestion arises whether a member of the $a"lis*e*hoora.Parliament0 has become dis!ualified from being a member, the peaker or,as the case may be, the (hairman shall, unless he decides that no such!uestion has arisen, refer the !uestion to the


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.iii0 a $oney 5ill or a (onstitution .Amendment0 5ill;

he may be declared in writing by the Party Head to havedefected from the political party, and the Party Head mayforward a copy of the declaration to the Presiding 9fficer and the(hief


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/. Oah #) %e%be"!-A person elected to a House shall not sit or vote untilhe has made before the House oath in the form set out in the 3hird chedule-

. P"i(ile&e! #) %e%be"! ec- ./0 ub"ect to the (onstitution and to therules of procedure of $a"lis*e*hoora .Parliament0, there shall be freedom of

speech in $a"lis*e*hoora .Parliament0 and no member shall be liable to anyproceedings in any court in respect of anything said or any vote given by him in$a"lis*e*hoora .Parliament0, and no person shall be so liable in respect of thepublication by or under the authority of $a"lis*e*hoora .Parliament0 of any report,paper, votes or proceedings-

.20 #n other respects, the powers, immunities and privileges of $a"lis*e*hoora, .Parliament0, and the immunities and privileges of the members of $a"lis*e*hoora .Parliament0, shall be such as may from time to time be defined by lawand, until so defined, shall be such as were, immediately before the commencingday, en"oyed by the 'ational Assembly of Pakistan and the committees thereof

and its members-.70 Provision may be made by law for the punishment, by a House, of

persons who refuse to give evidence or produce documents before a committee ofthe House when duly re!uired by the chairman of the committee so to do4

Provided that any such law*

.a0 may empower a court to punish a person who refuses to giveevidence or produce documents; and

.b0 shall have effect sub"ect to such 9rder for safeguarding confidentialmatters from disclosure as may be made by the President-

.>0 3he provisions of this Article shall apply to persons who have theright to speak in, and otherwise to take part in the proceedings of, $a"lis*e*hoora.Parliament0 as they apply to members-

.?0 #n this Article, $a"lis*e*hoora .Parliament0 means either House or a"oint sitting, or a committee thereof-

roce!ure "enerall#

2. Rule! #) P"#cedu"e ec-./0 ub"ect to the (onstitution, a House maymake rules for regulating its procedure and the conduct of its business, and shallhave power to act notwithstanding any vacancy in the membership thereof, andany 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 theproceedings-

.20 Until rules are made under clause ./0, the procedure and conduct ofbusiness in a House shall be regulated by the rules of procedure made by thePresident-

4. Re!"ici#n #n di!cu!!i#n in Ma'li!9e9Sh##"a =Pa"lia%en>- 'odiscussion shall take place in $a"lis*e*hoora .Parliament0 with respect to theconduct of any +udge of the upreme (ourt or of a High (ourt in the discharge ofhis duties-

5. C#u"! n# # in7ui"e in# p"#ceedin&! #) Ma'li!9e9Sh##"a

=Pa"lia%en>-./0 3he validity of any proceedings in $a"lis*e*hoora .Parliament0shall not be called in !uestion on the ground of any irregularity of procedure-

.20 'o officer or member of $a"lis*e*hoora .Parliament0 in whompowers are vested by or under the (onstitution for regulating procedure or theconduct of business, or for maintaining order in $a"lis*e*hoora .Parliament0, shallbe sub"ect to the "urisdiction of any court in respect of the exercise by him of thosepowers-

.70 #n this Article, $a"lis*e*hoora .Parliament0 has the same meaningas in Article BB-

$e%islati&e roce!ure


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*$26. In"#duci#n and pa!!in& #) Bill!- ./0 A 5ill with respect to anymatter in the &ederal 8egislative 8ist may originate in either House and shall,if it is passed by the House in which it originated, be transmitted to the otherHouse; and, if the 5ill is passed without amendment by the other House also,

it shall be presented to the President for assent-

.20 #f a 5ill transmitted to a House under clause ./0 is passed withamendments it shall be sent back to the House in which it originated and ifthat House passes the 5ill with those amendments it shall be presented to thePresident for assent-

.70 #f a 5ill transmitted to a House under clause ./0 is re"ected or isnot passed within ninety days of its laying in the House or a 5ill sent to aHouse under clause .20 with amendments is not passed by that House withsuch amendments, the 5ill, at the re!uest of the House in which it originated,

shall be considered in a "oint sitting and if passed by the votes of the ma"orityof the members present and voting in the "oint sitting it shall be presented tothe President for assent-

.>0 #n this Article and the succeeding provisions of the (onstitution,:&ederal 8egislative 8ist means the &ederal 8egislative 8ist in the &ourthchedule-

21. **@

2$. P"#cedu"e a '#in !iin&!-./0 3he President, after consultation with thepeaker of the 'ational Assembly and the (hairman, may make rules as to theprocedure with respect to the "oint sittings of, and communications between, thetwo Houses-

.20 At a "oint sitting, the peaker of the 'ational Assembly or, in hisabsence, such person as may be determined by the rules made under clause ./0,shall preside-

.70 3he rules made under clause ./0 shall be laid before a "oint sittingand may be added to, varied, amended or replaced at a "oint sitting-

323he following Article 'o-E= substituted by the (onstitution .


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.>0 ub"ect to the (onstitution, all decisions at a "oint sitting shall betaken by the votes of the ma"ority of the members present and voting-

2*. P"#cedu"e -ih "e!pec # M#ne0 Bill-*,@./0 'otwithstanding anythingcontained in Article E=, a $oney 5ill shall originate in the 'ational Assembly4

Provided that simultaneously when a $oney 5ill, including the &inance5ill containing the Annual 5udget tatement, is presented in the 'ational

Assembly, a copy thereof shall be transmitted to the enate which may,within fourteen days, make recommendations thereon to the 'ational

Assembly-; and

7?@./A0 3he 'ational Assembly shall consider the recommendations ofthe enate and after the 5ill has been passed by the Assembly with orwithout incorporating the recommendations of the enate, it shall bepresented to the President for assent-

.20 &or the purpose of this (hapter, a 5ill or amendment shall bedeemed to be a $oney 5ill if it contains provisions dealing with all or any of thefollowing matters, namely4*

.a0 the imposition, abolition, remission, alteration or regulation of anytax;

.b0 the borrowing of money, or the giving of any guarantee, by the&ederal government, or the amendment of the law relating to thefinancial obligations of that Dovernment;

.c0 the custody of the &ederal (onsolidated &und, the payment of

moneys into, or the issue of moneys from, that &und;.d0 the imposition of a charge upon the &ederal (onsolidated &und, or

the abolition or alteration of any such charge;

.e0 the receipt of moneys on account of the Public Account of the&ederation, the custody or issue of such moneys;

.f0 the audit of the accounts of the &ederal Dovernment or a ProvincialDovernment; and

.g0 any matter incidental to any of the matters specified in the precedingparagraphs-

.70 A 5ill shall not be deemed to be a $oney 5ill by reason only that itprovides*

.a0 for the imposition or alteration of any fine or other pecuniary penalty,or for the demand or payment of a licence fee or a fee or charge forany service rendered; or

.b0 for the imposition, abolition, remission, alteration or regulation of anytax by any local authority or body for local purposes-

.>0 #f any !uestion arises whether a 5ill is a $oney 5ill or not, thedecision of the peaker of the 'ational Assembly thereon shall be final-

.?0


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2,. Fede"al :#(e"n%en;! c#n!en "e7ui"ed )#" )inancial %ea!u"e!- A$oney 5ill or a 5ill or amendment which if enacted and brought into operationwould involve expenditure from the &ederal (onsolidated &und or withdrawal fromthe Public Account of the &ederation or affect the coinage or currency of Pakistan

or the constitution or functions of the tate 5ank of Pakistan shall not beintroduced or moved in $a"lis*e*hoora .Parliament0 except by or with the consentof the &ederal Dovernment-

2/. P"e!iden;! a!!en # Bill!-./0 When a 5ill is presented to the Presidentfor assent, the President shall, within 7B@ten days,*

.a0 assent to the 5ill; or

.b0 in the case of a 5ill other than a $oney 5ill, return the 5ill to the$a"lis*e*hoora .Parliament0 with a message re!uesting that the 5illor any specified provision thereof, be reconsidered and that anyamendment specified in the message be considered-

[email protected] When the President has returned a 5ill to the $a"lis*e*hoora.Parliament0, it shall be reconsidered by the $a"lis*e*hoora .Parliament0 in

"oint sitting and, if it is again passed, with or without amendment, by the$a"lis*e*hoora .Parliament0, by the votes of the ma"ority of the members ofboth Houses present and voting, it shall be deemed for the purposes of the(onstitution to have been passed by both Houses and shall be presented tothe President, and the President shall give his assent within ten days, failingwhich such assent shall be deemed to have been given- ; and

.70 When the President has assented 7F@or is deemed to have assented

to a 5ill, it shall become law and be called an Act of $a"lis*e*hoora .Parliament0-.>0 'o act of $a"lis*e*hoora .Parliament0, and no provision in any such

Act, shall be invalid by reason only that some recommendation, previous sanctionor consent re!uired by the (onstitution was not given if that Act was assented to inaccordance with the (onstitution-

2. Bill n# # lap!e #n p"#"#&ai#n ec-./0 A 5ill pending in either Houseshall not lapse by reason of the prorogation of the House-

.20 A 5ill pending in the enate which has not been passed by the'ational Assembly shall not lapse on the dissolution of the 'ational Assembly-

.70 A 5ill pending in the 'ational Assembly, or a 5ill which having beenpassed by the 'ational Assembly is pending in the enate, shall lapse on thedissolution of the 'ational Assembly-

22. Ta+ # be le(ied b0 la- #nl0-'o tax shall be levied for the purposes ofthe &ederation except by or under the authority of Act of $a"lis*e*hoora.Parliament0-

24. Fede"al C#n!#lidaed Fund and Public Acc#un- ./0 All revenuesreceived by the &ederal Dovernment, all loans raised by that Dovernment and allmoneys received by it in repayment of any loan, shall form part of a consolidatedfund, to be known as the &ederal (onsolidated &und-

.20 All other moneys*

.a0 received by or on behalf of the &ederal Dovernment; or

36Word :thirty substituted by the (onstitution .


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.b0 received by or deposited with the upreme (ourt or any other courtestablished under the authority of the &ederation;

shall be credited to the Public Account of the &ederation-

25. Cu!#d0 ec. #) Fede"al C#n!#lidaed Fund and Public Acc#un-

3hecustody of the &ederal (onsolidated &und, the payment 9r moneys into that &und,the withdrawal of moneys therefrom, the custody of other moneys received by oron behalf of the &ederal Dovernment, their payment into, and withdrawal from, thePublic Account of the &ederation, and all matters connected with or ancillary to thematters aforesaid shall be regulated by Act of $a"lis*e*hoora .Parliament0 or,until provision in that behalf is so made, by rules made by the President-

46. Annual Bud&e Sae%en-./0 3he &ederal Dovernment shall, in respectof every financial year, cause to be laid before the 'ational Assembly a statementof the estimated receipts and expenditure of the &ederal Dovernment for that year,in this Part referred to as the Annual 5udget tatement-

.20 3he Annual 5udget tatement shall show separately*

.a0 the sums re!uired to meet expenditure described by the (onstitutionas expenditure charged upon the &ederal (onsolidated &und; and

.b0 the sums re!uired to meet other expenditure proposed to be madefrom the &ederal (onsolidated &und; and shall distinguishexpenditure on revenue account from other expenditure-

41. E+pendiu"e cha"&ed up#n Fede"al C#n!#lidaed Fund-3he followingexpenditure shall be expenditure charged upon the &ederal (onsolidated &und4*

.a0 the remuneration payable to the President and other expenditure

relating to his office, and the remuneration payable to*

.i0 the +udges of the upreme (ourt 7G@and the #slamabad High(ourt;

.ii0 the (hief


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.20 o much of the Annual 5udget tatement as relates to otherexpenditure shall be submitted to the 'ational Assembly in the form of demandsfor grants, and the Assembly shall have power to assent to, or to refuse to assentto, any demand, or to assent to any demand sub"ect to a reduction of the amount

specified therein;Provided that, for a period of ten years from the commencing day or the

holding of the second general election to the 'ational Assembly, whichever occurslater, a demand shall be deemed to have been assented to without any reductionof the amount specified therein, unless, by the votes of a ma"ority of the totalmembership of the Assembly, it is refused or assented to sub"ect to a reduction ofthe amount specified therein-

.70 'o demand for a grant shall be made except on the recommendationof the &ederal Dovernment-

4*. Auhenicai#n #) !chedule #) auh#"i!ed e+pendiu"e-./0 3he Prime

$inister shall authenticate by his signature a schedule specifying*

.a0 the grants made or deemed to have been made by the 'ationalAssembly under Article F2, and

.b0 the several sums re!uired to meet the expenditure charged upon the&ederal (onsolidated &und but not exceeding, in the case of anysum, the sum shown in the statement previously laid before the'ational Assembly-

.20 3he schedule so authenticated shall be laid before the 'ationalAssembly, but shall not be open to discussion or vote thereon-

.70 ub"ect to the (onstitution, no expenditure from the &ederal(onsolidated &und shall be deemed to be duly authorised unless it is specified inthe schedule so authenticated and such schedule is laid before the 'ational

Assembly as re!uired by clause .20-

4,. Supple%ena"0 and e+ce!! &"an!-#f in respect of any financial year it isfound*

.a0 that the amount authori)ed to be expended for a particular servicefor the current financial year is insufficient, or that a need has arisenfor expenditure upon some new service not included in the Annual5udget tatement for that year; or

.b0 that any money has been spent on any service during a financialyear in excess of the amount granted for that service for that year;

the &ederal Dovernment shall have power to authori)e expenditurefrom the &ederal (onsolidated &und, whether the expenditure ischarged by the (onstitution upon that &und or not, and shall causeto be laid before the 'ational Assembly a upplementary 5udgettatement or, as the case may be, an


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respect of the estimated expenditure for a period not exceeding four months in anyfinancial year, pending completion of the procedure prescribed in Article F2 for thevoting of grants and the authentication of the schedule of authori)ed expenditurein accordance with the provisions of Article F7 in relation to the expenditure-

42. Sec"ea"ia! #) Ma'li!9e9Sh##"a =Pa"lia%en>-./0


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.ii0 before both Houses if it does not contain provisions dealingwith any of the matters referred to in sub*paragraph .i0, andshall stand repealed at the expiration of >>@one hundred andtwenty days from its promulgation or, if before the expiration

of that period a resolution disapproving it is passed by eitherHouse, upon the passing of that resolution4

>?@Provided that either House may by a resolution extend it fora further period of one hundred and twenty days and it shallstand repealed at the expiration of the extended period, or ifbefore the expiration of that period a resolution disapproving itis passed by a House, upon the passing of that resolution4

Provided further that extension for a further period may bemade only once; and

.b0 may be withdrawn at any time by the President-

>[email protected] without pre"udice to the provisions of clause .20,*

.a0 an 9rdinance laid before the 'ational Assembly under sub*paragraph .i0 of paragraph .a0 of clause .20 shall be deemed tobe a 5ill introduced in the 'ational Assembly; and

.b0 an 9rdinance laid before both Houses under sub*paragraph .ii0of paragraph .a0 of clause .20 shall be deemed to be a 5illintroduced in the House where it was first laid-

Chape" *.9The Fede"al :#(e"n%en

,2

56. The Fede"al :#(e"n%en- ./0 ub"ect to the (onstitution, the

executive authority of the &ederation shall be exercised in the name of thePresident by the &ederal Dovernment, consisting of the Prime $inister andthe &ederal $inisters, which shall act through the Prime $inister, who shallbe the chief executive of the &ederation-

.20 #n the performance of his functions under the (onstitution, thePrime $inster may act either directly or through the &ederal $inisters-

44Words :four months substituted by the (onstitution .


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,451. The Cabine-./0 3here shall be a (abinet of $inisters, with the Prime$inister at its head, to aid and advise the President in the exercise of hisfunctions-

.20 3he 'ational Assembly shall meet on the twenty*first dayfollowing the day on which a general election to the Assembly is held, unlesssooner summoned by the President-

.70 After the election of the peaker and the eputy peaker, the'ational Assembly shall, to the exclusion of any other business, proceed toelect without debate one of its $uslim members to be the Prime $inister-

.>0 3he Prime $inister shall be elected by the votes of the ma"orityof the total membership of the 'ational Assembly4

Provided that, if no member secures such ma"ority in the first poll, asecond poll shall be held between the members who secure the two highestnumbers of votes in the first poll and the member who secures a ma"ority ofvotes of the members present and voting shall be declared to have beenelected as Prime $inister4

Provided further that, if the number of votes secured by two or moremembers securing the highest number of votes is e!ual, further poll shall beheld between them until one of them secures a ma"ority of votes of themembers present and voting-

.?0 3he member elected under clause .>0 shall be called upon by thePresident to assume the office of Prime $inister and he shall, before entering

upon the office, make before the President oath in the form set out in the3hird chedule4

Provided that there shall be no restriction on the number of terms forthe office of the Prime $inister-

483he following Article G/ substituted by the (onstitution .


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.B0 3he (abinet, together with the $inisters of tate, shall becollectively responsible to the enate and the 'ational Assembly-

.E0 3he Prime $inister shall hold office during the pleasure of thePresident, but the President shall not exercise his powers under this clauseunless he is satisfied that the Prime $inister does not command theconfidence of the ma"ority of the members of the 'ational Assembly, in whichcase he shall summon the 'ational Assembly and re!uire the Prime $inisterto obtain a vote of confidence from the Assembly-

.F0 3he Prime $inister may, by writing under his hand addressed tothe President, resign his office-

.G0 A $inister who for any period of six consecutive months is not amember of the 'ational Assembly shall, at the expiration of that period, ceaseto be a $inister and shall not before the dissolution of that Assembly be again

appointed a $inister unless he is elected a member of that Assembly4

Provided that nothing contained in this clause shall apply to a $inisterwho is member of the enate-

./=0 'othing contained in this Article shall be construed asdis!ualifying the Prime $inister or any other $inister or a $inister of tate forcontinuing in office during any period during which the 'ational Assemblystands dissolved, or as preventing the appointment of any person as Prime$inister or other $inister or a $inister of tate during any such period-

5$. Fede"al Mini!e"! and Mini!e"! #) Sae- ./0 ub"ect to clauses >[email protected]

and ./=0 of Article G/, the President shall appoint &ederal $inisters and $inistersof tate from amongst the members of $a"lis*e*hoora .Parliament0 on the adviceof the Prime $inister4

Provided that the number of &ederal $inisters and $inisters of tate whoare members of the enate shall not at any time exceed one*fourth of the numberof &ederal $inisters4

?=@Provided further that the total strength of the (abinet, including$inisters of tate, shall not exceed eleven percent of the total membership of$a"lis*e*hoora .Parliament04

Provided also that the aforesaid amendment shall be effective from thenext general election held after the commencement of the (onstitution.


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membership of the 'ational Assembly may be passed against the Prime $inisterby the 'ational Assembly-

.20 A resolution referred to in clause ./0 shall not be voted upon beforethe expiration of three days, or later than seven days, from the day on which such

resolution is moved in the 'ational Assembly-

.70 A resolution referred to in clause ./0 shall not be moved in the'ational Assembly while the 'ational Assembly is considering demands for grantssubmitted to it in the Annual 5udget tatement-

.>0 #f the resolution referred to in clause ./0 is passed by a ma"ority ofthe total membership of the 'ational Assembly, the Prime $inister shall cease tohold office-

5. O%ied

52. E+en #) e+ecui(e auh#"i0 #) Fede"ai#n-ub"ect to the (onstitution,

the executive authority of the &ederation shall extend to the matters with respect towhich $a"lis*e*hoora .Parliament0 has power to make laws, including exercise ofrights, authority and "urisdiction in and in relation to areas outside Pakistan4

Provided that the said authority shall not, save as expressly provided in the(onstitution or in any law made by $a"lis*e*hoora .Parliament0, extend in anyProvince to a matter with respect to which the Provincial Assembly has also powerto make laws-

54. C#n)e""in& #) )unci#n! #n !ub#"dinae auh#"iie!- 9n therecommendation of the &ederal Dovernment, $a"lis*e*hoora .Parliament0 may bylaw confer functions upon officers or authorities subordinate to the &ederal

Dovernment-55. C#nduc #) bu!ine!! #) Fede"al :#(e"n%en-./0 All executive actionsof the &ederal Dovernment shall be expressed to be taken in the name of thePresident-

.20 3he ?/@&ederal Dovernment shall by rules specify the manner inwhich orders and other instruments made and executed ?2@in the name of thePresident shall be authenticated, and the validity of any order or instrument soauthenticated shall not be !uestioned in any court on the ground that it was notmade or executed by the President-

[email protected] 3he &ederal Dovernment shall also make rules for the allocation

and transaction of its business-

166. A#"ne09:ene"al )#" Pa@and shall not engage in private practice so long as he holds the officeof the Attorney*Deneral-

.70 #t shall be the duty of the Attorney*Deneral to give advice to the&ederal Dovernment upon such legal matters, and to perform such other duties of

a legal character as may be referred or assigned to him by the &ederalDovernment, and in the performance of his duties he shall have the right ofaudience in all courts and tribunals in Pakistan-

.>0 3he Attorney*Deneral may, by writing under his hand addressed tothe President, resign his office-

51Words :President substituted by the (onstitution .


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PART I?PRO?INCES

161. App#in%en #) :#(e"n#"- //@./0 3here shall be a Dovernor for eachProvince, who shall be appointed by the President on the advice of the Prime$inister-

.20 A person shall not be appointed a Dovernor unless he is !ualified tobe elected as member of the 'ational Assembly and is not less that

The Constitution of Islamic Republic of Pakistan

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Transcript of The Constitution of Islamic Republic of Pakistan