INTERIM CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTA1.docx

8/18/2019 INTERIM CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTA1.docx

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INTERIM CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN


[Gazette of Pakistan, Extraordinary, 15th April 1972]

Preamle!" #hereas so$erei%nty o$er the entire &ni$erse elon%s to Allah Almi%hty alone, and the

a'thority to e exer(ised y the people of Pakistan )ithin the limits pres(ried y *im is a sa(red tr'st+

#hereas the o'nder of Pakistan, -'aid"i"Azam .ohammad Ali /innah, de(lared that Pakistan )o'ld

e a demo(rati( 0tate ased on slami( prin(iples of so(ial 'sti(e +

And )hereas the 3ational Assemly, representin% the people of Pakistan, has een ele(ted to frame

for the so$erei%n independent 0tate of Pakistan a 4onstit'tion +

#herein the 0tate sho'ld exer(ise its po)ers and a'thority thro'%h the (hosen representati$es of the

people +

#herein the prin(iples of demo(ra(y, freedom, e'ality, toleran(e and so(ial 'sti(e as en'n(iated y

slam, sho'ld e f'lly oser$ed +

#herein the .'slims of Pakistan sho'ld e enaled indi$id'ally and (olle(ti$ely to order their li$es in

a((ordan(e )ith the tea(hin%s and re'irements of slam, as set o't in the *oly -'ran and 0'nna +

#herein ade'ate pro$ision sho'ld e made for the minorities freely to profess and pra(tise their

reli%ion and de$elop their ('lt're +#herein the territories no) in(l'ded in or in a((ession )ith Pakistan and s'(h other territories as may

hereafter e in(l'ded in or a((ede to Pakistan sho'ld form a ederation, )herein the Pro$in(es )o'ld

e a'tonomo's )ith s'(h limitations on their po)ers and a'thority as mi%ht e pres(ried +

#herein sho'ld e %'aranteed f'ndamental ri%hts, in(l'din% ri%hts s'(h as e'ality of stat's and of

opport'nity, e'ality efore la), freedom of tho'%ht, expression, elief, faith, )orship and asso(iation,

and so(ial, e(onomi(, and politi(al 'sti(e, s'e(t to la) and p'li( morality +

#herein ade'ate pro$ision sho'ld e made to safe%'ard the le%itimate interests of minorities and

a(k)ard and depressed (lasses +

#herein the independen(e of the /'di(iary sho'ld e f'lly se('red +

#herein the inte%rity of the territories of the ederation, its independen(e and all its ri%hts, in(l'din%

its so$erei%n ri%hts o$er land, sea and air sho'ld e safe%'arded +

0o that the people of Pakistan may prosper and attain their ri%htf'l and hono'red pla(e amon%st the

nations of the )orld and make their f'll (ontri'tion to)ards international pea(e and the pro%ress andhappiness of h'manity +

3o), therefore, )e the people of Pakistan, thro'%h o'r ele(ted representati$es in the 3ational

Assemly, do herey

adopt, ena(t and %i$e to o'rsel$es this nterim 4onstit'tion!

PART I-INTRODUCTORY

1!""61 8his 4onstit'tion may e (alled the nterim 4onstit'tion of the slami( ep'li( of Pakistan!

62 t shall (ome into for(e on the t)enty"first day of April 1972, hereinafter referred to as the

:(ommen(in% day:!

2!"61 8he 0tate of Pakistan shall e a ep'li(, to e kno)n as the slami( ep'li( of Pakistan!

62 8he ep'li( shall e a ederation )herein shall e 'nited"

6a the Pro$in(es as they existed immediately efore the (ommen(in% day +6 slamaad 4apital 8erritory, hereinafter referred to as the 4apital of the ederation +

6( 8he 4entrally Administered 8rial Areas + and

6d s'(h other 0tates and territories as are, or may, )ith the (onsent of the ederation, e in(l'ded in

Pakistan, )hether y a((ession or other)ise!

;!"61 8o enoy the prote(tion of la), and to e treated in a((ordan(e )ith la) and only in a((ordan(e

)ith la), is the inalienale ri%ht of e$ery (itizen, )here$er he may e, and of e$ery other person for

the time ein% )ithin Pakistan!

62 n parti('lar"

6a no a(tion detrimental to the life, lierty, ody, rep'tation or property of any person shall e taken


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ex(ept in a((ordan(e )ith la) +

6 no person shall e pre$ented from, or e hindered in doin% anythin% not prohiited y la) + and

6( no person shall e (ompelled to do anythin% the la) does not re'ire him to do!

5! >edien(e to la) is the asi( oli%ation of e$ery (itizen, )here$er he may e, and of e$ery other

person for the time ein% )ithin Pakistan!

?! n this Part! 'nless the (ontext other)ise re'ires, :the 0tate: n(l'des the ederal Go$ernment,the ederal =e%islat're, the Pro$in(ial Go$ernments, the Pro$in(ial =e%islat'res, and s'(h lo(al or

other a'thorities as are empo)ered y la) to impose any tax or (ess!

PART II-FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY

CHAPTER 1.-FUNDAMENTAL RIGHTS

7!"61 Any la), or any ('stom or 'sa%e ha$in% the for(e of la), in so far as it is in(onsistent )ith the

ri%hts (onferred y this 4hapter, shall, to the extent of s'(h in(onsisten(y! e $oid!

62 8he 0tate shall not make any la) )hi(h takes a)ay or arid%es the ri%hts so (onferred, and any

la) made in (ontra$ention of this (la'se shall, to the extent of s'(h (ontra$ention, e $oid!

6; 8he pro$isions of this Arti(le shall not apply to """""

6a any la) relatin% to memers of the @efen(e ser$i(es, or of the Poli(e or of s'(h other for(es as are

(har%ed )ith the maintenan(e of p'li( order, for the p'rpose of ens'rin% the proper dis(har%e of

their d'ties or the maintenan(e of dis(ipline amon% them + or

6 any of the la)s spe(ified in the irst 0(hed'le as in for(e immediately efore the (ommen(in%day + and

3o s'(h la) nor any pro$ision thereof shall e $oid on the %ro'nd that s'(h la) or pro$ision is

in(onsistent )ith, or rep'%nant to, any pro$ision of this 4hapter!

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(onsiders it to e a%ainst the p'li( nterest to dis(lose!

6? 8he a'thority makin% the order shall f'rnish to the Ad$isory Board all do('ments rele$ant to the

(ase, 'nless a (ertifi(ate, si%ned y a 0e(retary to the Go$ernment (on(erned, to the effe(t that it is

not in the p'li( interest to f'rnish any s'(h do('ment, is prod'(ed!

67 #ithin a period of t)enty"fo'r months no person shall e detained 'nder any s'(h order as

aforesaid for more than a total period of t)el$e months!

6 3othin% in this Arti(le shall apply to any person )ho for the time ein% is an enemy alien!1C! 61 3o person shall e held in sla$ery, and no la) shall permit or in any )ay fa(ilitate the

introd'(tion into Pakistan of sla$ery in any form!

62 All forms of for(ed lao'r are prohiited!

6; 3othin% in this Arti(le shall e deemed to affe(t (omp'lsory ser$i(e"

6a y persons 'nder%oin% p'nishment for offen(es a%ainst any la) +

or

6 re'ired y any la) for p'li( p'rposes!

11! 3o la) shall a'thorize the p'nishment of a person"

6a for an a(t or omission )hi(h )as not p'nishale y la) at the time of the a(t or omission + or

6 for a", offen(e y a penalty %reater than, or of a kind different from, the penalty pres(ried y la)

for that offen(e at the time the offen(e )as (ommitted!

12! 0'e(t to any reasonale restri(tions imposed y la) in the p'li( nterest, e$ery (itizen shall

ha$e the ri%ht to mo$e freely thro'%ho't Pakistan and to resid'e and settle in any part thereof!1;! E$ery (itizen shall ha$e the ri%ht to assemle pea(ef'lly and )itho't arms, s'e(t to any

reasonale restri(tions imposed y la) in the interest of p'li( order!

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restri(tions imposed y la) in the interest of morality or p'li( order!

15! E$ery (itizen, possessin% s'(h 'alifi(ations, if any, as may e pres(ried y la) in relation to his

profession or o(('pation, shall ha$e the ri%ht to enter 'pon any la)f'l profession or o(('pation, and to

(ond'(t any la)f'l trade or 'sinessD

Pro$ided that nothin% fn this Arti(le shall pre$ent"

6a the re%'lation of any trade or profession y a li(ensin% system+

6 the re%'lation of trade, (ommer(e or ind'stry in the interest of free (ompetition therein+ or

6( the (arryin% on, y the ederal or a Pro$in(ial Go$ernment, or y a (orporation (ontrolled y any

s'(h Go$ernment, of any trade, 'siness, ind'stry or ser$i(e, to the ex(l'sion, (omplete or partial, of

other persons!1?! E$ery (itizen shall ha$e the ri%ht to freedom of spee(h and expression, s'e(t to any reasonale

restri(tions imposed y la) in the interest of the inte%rity, se('rity or defen(e of Pakistan or any part

thereof, friendly relations )ith forei%n 0tates, p'li( order, de(en(y or morality, or in relation to

(ontempt of 4o'rt, defamation or in(itement to an offen(e!

17! 0'e(t to la), p'li( order and morality"

6a e$ery (itizen has the ri%ht to profess, pra(tise and propa%ate any reli%ion + and

6 e$ery reli%io's denomination and e$ery se(t thereof has the ri%ht to estalish, maintain and

mana%e its reli%io's instit'tions!

1! 3o person shall e (ompelled to pay any spe(ial tax the pro(eeds of )hi(h are to e spent on the

propa%ation or maintenan(e of any reli%ion other than his o)n!

19!"61 3o person attendin% any ed'(ational instit'tion shall e re'ired to re(ei$e reli%io's

instr'(tion, or take part in any reli%io's (eremony, or attend reli%io's )orship, if s'(h instr'(tion,

(eremony or )orship relates to a reli%ion other than his o)n!62 n respe(t of any reli%io's instit'tion, there shall e no dis(rimination a%ainst any (omm'nity in

the %rantin% of exemption or (on(ession in relation to taxation!

6; 0'e(t to la),"

6a 3o reli%io's (omm'nity or denomination shall e pre$ented from pro$idin% reli%io's instr'(tion for

p'pils of that (omm'nity or denomination in any ed'(ational instit'tion maintained )holly y that

(omm'nity or denomination +

6 3o (itizen shall e denied admission to any ed'(ational instit'tion re(ei$in% aid from p'li(

re$en'es on the %ro'nd only of ra(e, reli%ion, (aste or pla(e of irth +


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27!"61 8he prin(iples set o't in this 4hapter shall e kno)n as the Prin(iples of Poli(y, and it is the

responsiility of ea(h or%an and a'thority of the 0tate, and of ea(h person performin% f'n(tions on

ehalf of an or%an or a'thority of the 0tate, to a(t in a((ordan(e )ith those Prin(iples in so far as they

relate to the f'n(tions of the or%an or a'thority!

62 n so far as the oser$an(e of any parti('lar Prin(iple of Poli(y may e dependent 'pon reso'r(es

ein% a$ailale for the p'rpose, the Prin(iple shall e re%arded as ein% s'e(t to the a$ailaility of

reso'r(es!6; n respe(t of ea(h year, the President in relation to the affairs of the ederation, and the Go$ernor

of ea(h Pro$in(e in relation to the affairs of his Pro$in(e, shall (a'se to e prepared and laid efore

the 3ational Assemly or, as the (ase may e, the Pro$in(ial Assemly, a report on the ! oser$an(e

and implementation of the Prin(iples of Poli(y, and pro$ision shall e made in the r'les of pro(ed're of

the 3ational Assemly or, as the (ase may e, the Pro$in(ial Assemly, for dis('ssion of s'(h report!

2!"61 8he responsiility of de(idin% )hether any a(tion of an or%an or a'thority of the 0tate, or of a

person performin% f'n(tions on ehalf of an or%an or a'thority of the 0tate, is in a((ordan(e )ith the

Prin(iples of Poli(y is that of the or%an or a'thority of the 0tate, or of the person, (on(erned!

62 8he $alidity of an a(tion or of a la) shall not e (alled in 'estion on the %ro'nd that it is not in

a((ordan(e )ith the Prin(iples of Poli(y, and no a(tion shall lie a%ainst the 0tate, any or%an or

a'thority of the 0tate or any person on s'(h %ro'nd!

6; 8he 3ational Assemly, a Pro$in(ial Assemly, the President or a Go$ernor, may refer to the

Ad$isory 4o'n(il of slami( deolo%y for ad$i(e any 'estion as to )hether a proposed la) is or is notrep'%nant to the tea(hin%s and re'irements of slam as set o't in the *oly -'ran and 0'nnah!

29! 3o la) shall e rep'%nant to the tea(hin%s and re'irements of slam as set o't in the *oly -'ran

and 0'nnah, and all existin% la)s shall e ro'%ht in (onformity )ith the *oly -'ran and 0'nnah!

Explanation!"n the appli(ation of this prin(iple to the personal la) of any .'slim, the expression

:-'ran and 0'nnati: shall mean the -'ran and 0'nnah as interpreted y the s(hool of la) to )hi(h he

elon%s!

;C!"61 8he .'slims of Pakistan sho'ld e enaled, indi$id'ally and (olle(ti$ely, to order their li$es in

a((ordan(e )ith the f'ndamental prin(iples and asi( (on(epts of slam, and sho'ld he pro$ided )ith

fa(ilities )herey they may e enaled to 'nderstand the meanin% of life a((ordin% to those prin(iples

and (on(epts!

62 8he tea(hin% of the *oly -'ran and slamiat to the .'slims of Pakistan sho'ld e (omp'lsory!

6; &nity and the oser$an(e of slami( moral standards sho'ld e! promoted amon% the .'slims of

Pakistan!6

and %ro'ps )ithin a Pro$in(e sho'ld e identified y the Go$ernment of the pro$in(e and entered in a

s(hed'le of 'nder"pri$ile%ed (lasses!

;?! 8he people of different areas and (lasses, thro'%h ed'(ation, trainin%, ind'strial de$elopment andother methods, sho'ld e enaled to parti(ipate f'lly in all forms of national a(ti$ities, in(l'din%

employment in! the ser$i(e of Pakistan!

;7! llitera(y sho'ld e eliminated, and free ed'(ation 'p to the se(ondary le$el sho'ld e pro$ided for

all, as soon as pra(ti(ale!

;! /'st and h'mane (onditions of )ork sho'ld e pro$ided, and (hildren and )omen sho'ld not e

employed in $o(ations 'ns'ited to their a%e or sex, and maternity enefits sho'ld e pro$ided for

)omen in employment!

;9! 8he )ell"ein% of the people, irrespe(ti$e of (aste, (reed or ra(e+ sho'ld e se('red"


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6a y raisin% the standard of li$in% of the (ommon man +

6 y pre$entin% the 'nd'e (on(entration of )ealth and means of prod'(tion and distri'tion in the

hands of a fe), to the detriment of the interest of the (ommon man + and

6( y ens'rin% an e'itale ad'stment of ri%hts et)een employers! and employees and et)een

landlords and tenants!


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s'stantiated, the President shall $a(ate his offi(e on the date on )hi(h the resol'tion is passed+

Pro$ided that the n'mer of memers (onstit'tin% the maority is not less than se$enty"fi$e!

65 #here the i(e"President is exer(isin% the f'n(tions of the President 'nder Arti(le ?C, the

pro$isions of this Arti(le shall apply s'e(t to the modifi(ation that the referen(e in (la'se 6President either dire(tly or thro'%h offi(ers s'ordinate to him, 't nothin% in this Arti(le shall pre$ent

the ederal =e%islat're from (onferrin% f'n(tions 'pon s'ordinate a'thorities, or e deemed to

transfer to the President any f'n(tions (onferred y any existin% la) on any 4o'rt, /'d%e or offi(er or

any lo(al or other a'thority!

62 eferen(es in this 4onstit'tion to the f'n(tions of the President shall e (onstr'ed as referen(es to

his po)ers and d'ties in the exer(ise of the exe('ti$e a'thority of the ederation and to any other

po)ers and d'ties (onferred or imposed on him as President y or 'nder this 4onstit'tion!

6; 8he salary, allo)an(es and pri$ile%es of the President shall e s'(h as may from time to time e

defined y A(t of the ederal =e%islat're, and 'ntil so defined, the President shall e entitled to the

salary, allo)an(es and pri$ile%es to )hi(h he )as entitled immediately efore the (ommen(in% day!

55! 8he 0'preme 4ommand of the @efen(e 0er$i(es of Pakistan is $ested in the President, to e

exer(ised y him s'e(t to la)!5?!"61 8he President shall appoint"

6a a person to e the 4hief of 0taff of the Pakistan Army +

6 a person to e the 4hief of 0taff of the Pakistan 3a$y + and

6( a person to e the 4hief of 0taff of the Pakistan Air or(e!

62 8he President may re'ire that appointments to s'(h other offi(es (onne(ted )ith @efen(e as he

may spe(ify shall e made y him or in s'(h manner as he may dire(t!

6; 8he pay and allo)an(es of the 4hief of 0taff of the Pakistan Army, the 4hief of 0taff of the Pakistan

3a$y, and the 4hief of 0taff of the Pakistan Air or(e appointed 'nder (la'se 61 shall e s'(h as the

President may determine!

57!"61 8here shall e a i(e"President of Pakistan, )ho shall e ele(ted n a((ordan(e )ith the

pro$isions of this 4onstit'tion!

62 8he i(e"President shall make efore the President an oath in s'(h form set o't in the 0e(ond

0(hed'le as is appli(ale to his offi(e!6; A person shall not e ele(ted as i(e"President 'nless"

6a he is a .'slim + 6 he has attained the a%e of forty years + 6( he is a memer of the 3ational

Assemly!

5!"61 f at any time the offi(e of $i(e"President falls $a(ant, the memers of the 3ational Assemly

shall ele(t a i(e"President in a((ordan(e )ith the pro$isions of the 8hird 0(hed'le, and 'ntil the i(e"

President so ele(ted enters 'pon his offi(e, the President may appoint a person 'alified 'nder (la'se

6; of the last pre(edin% Arti(le to e the i(e"President!

62 the i(e"President shall e deemed to e a memer of the Presidents 4o'n(il of .inisters, and

shall take pre(eden(e next after the President!

59!"61 0'e(t to this 4onstit'tion, the i(e"President shall hold offi(e for a term of fi$e years from

the date of his ele(tion +

Pro$ided that the i(e"President shall, not)ithstandin% the expiration of his term, (ontin'e to hold

offi(e 'ntil his s'((essor enters 'pon his offi(e!62 8he i(e"President may, y )ritin% 'nder his hand addressed to the President, resi%n his offi(e!

6; 8he pro$isions of Arti(le 5;, ex(ept (la'se 65 thereof shall m'tatis m'randts apply in relation to a

i(e"President as they apply in relation to a President!

?C!"61 8he f'n(tions of the i(e"President shall e s'(h as may from time to time e assi%ned to him

y the President + and )hene$er the President is asent from Pakistan, or is 'nale to perform his

f'n(tions d'e to illness or any other (a'se, the i(e"President shall perform the f'n(tions of the

President 'ntil the President res'mes his d'ties!

62 0a$e as other)ise pro$ided, the salary, allo)an(es and pri$ile%es of the i(e"President shall e


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s'(h as may from time to time e defined y A(t of the ederal =e%islat're, and 'ntil so defined, the

i(e"President shall e entitled to the salary, allo)an(es and pri$ile%es to )hi(h he )as entitled

immediately efore the (ommen(in% day!

6; f the offi(e of President e(omes $a(ant, y reason of death or resi%nation, the i(e"President

shall a(t as President 'ntil s'(h time as a President is ele(ted and enters 'pon his offi(e!

6

f'n(tions as he may determine, and they shall make efore the President oath in s'(h form set o't in

the 0e(ond 0(hed'le as is appli(ale to their offi(e, and hold offi(e d'rin% the pleas're of the

President!62 A .inister of 0tate shall not e !a memer of the Presidents 4o'n(il of .inisters 't it shall e his

d'ty to attend the 4o'n(il in respe(t of s'(h matters and 'pon s'(h o((asions as the President may

re'ire!

6; 8he pro$isions of (la'ses 62, 6


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$alidity of an order or instr'ment )hi(h is so a'thenti(ated shall not e (alled in 'estion on the

%ro'nd that it is not an order or instr'ment made or exe('ted y the President!

6; 8he President shall make r'les for the more (on$enient transa(tion !of the 'siness of the ederal

Go$ernment! and for the allo(ation amon% .inisters and .inisters of 0tate of the said 'siness!

6rder,

1972, shall e the first 3ational Assemly 'nder this 4onstit'tion!

6; 8he 3ational Assemly, 'nless sooner dissol$ed, shall (ontin'e for fi$e years from the date

appointed for its first meetin% 'nder this 4onstit'tion and no lon%er, and the expiration of the said

period of li$e years shall operate as a dissol'tion of the Assemly!

?!"61 8he 3ational Assemly shall e s'mmoned to meet at least t)i(e in e$ery year, and six

months shall not inter$ene et)een its last sittin% in one session and the date appointed for its first

sittin% in the next session!62 0'e(t to the pro$isions of (la'se 61, the President may from time to time

6a s'mmon the 3ational Assemly to meet at s'(h time and pla(e as the thinks fit + and

6? ex(ept )hen it has een s'mmoned y the 0peaker 'nder (la'se 6


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ein% a (ontra(t et)een a (o"operati$e so(iety and Go$ernment, for the s'pply of %oods to, or for

the exe('tion of any )ork or the performan(e of any ser$i(e 'nder, taken y, Go$ernment D

Pro$ided that the dis'alifi(ation 'nder this para%raph shall not apply to a person"""""

6i )here the share or interest in the (ontra(t de$ol$es on him y inheritan(e or s'((ession or as a

le%atee, exe('tor or administrator, 'ntil the expiration of six months after it has so de$ol$ed on him,

or s'(h lon%er period as the President may in any parti('lar (ase allo)+ or

6ii )here the (ontra(t has een entered into y or on ehalf of a p'li( !(ompany as defined in the4ompanies A(t, 191;, of )hi(h he is a shareholder 't is neither a dire(tor nor a person holdin% an

offi(e of profit 'nder the (ompany nor a mana%in% a%ent+ or

6iii )here he is a memer of a *ind' 'ndi$ided family and the (ontra(t has een entered into y any

other memer of that family in the (o'rse of (arryin% on a separate 'siness in )hi(h he has no share

or interest+ or

6f he holds any offi(e of profit in the ser$i(e of Pakistan other than an offi(e )hi(h is not a )hole time

offi(e rem'nerated either y salary or y feeD

Pro$ided that for the p'rpose of this para%raph an offi(e of profit in the ser$i(e of Pakistan does not

in(l'de"

6i the offi(e of President+

6ii the offi(e of i(e"President+

6iii the offi(e of Go$ernor+

6i$ the offi(e of memer of the Presidents 4o'n(il of .inisters+6$ the offi(e of .inister of 0tate +

6$i the offi(e of Ad$iser to the President+

6$ii the offi(e of memer of a Go$ernors 4o'n(il of .inisters+

6$iii the offi(e of Ad$iser to a Go$ernor+

6ix the offi(e of 0pe(ial Assistant to the President, )hen held y a, person )ho is not a memer of a

re%'lar ser$i(e +

6x the offi(e of Amassador of Pakistan in a forei%n (o'ntry, )hen held y a person )ho is not a

memer of a re%'lar ser$i(e +

6xi the offi(es of =amardar, namdar, 0'fedposh and Iaildar, )hether (alled y this or any other

title+

6xii eser$es of the Armed or(es, ho)soe$er des(ried +

6xiii the azakars +

6xi$ any offi(e the holder )hereof, y $irt'e of holdin% s'(h offi(e, is :liale to e (alled 'p formilitary trainin% or military ser$i(e 'nder any la) pro$idin% for the (onstit'tion or raisin% of a for(e +

6x$ any other offi(e )hi(h is de(lared y A(t of the ederal =e%islat're not to dis'alify its holder

from ein% ele(ted as, or from ein%, a memer of the 3ational Assemly or a Pro$in(ial Assemly!

62 or the a$oidan(e of do't, it is herey de(lared that a /'d%e of the 0'preme 4o'rt or a *i%h

4o'rt, the A'ditor"General, the Attorney"General and an Ad$o(ate"General are persons holdin% offi(e

of profit in the ser$i(e of Pakistan!

6; f any 'estion arises )hether a memer of the 3ational Assemly, has after his ele(tion, e(ome

dis'alified from ein% a memer of the Assemly, the 0peaker of the Assemly shall refer the

'estion to the 4hief Ele(tion 4ommissioner, and if the 4hief Ele(tion 4ommissioner is of the opinion

that the memer has e(ome dis'alified, the memer shall (ease to e a memer!

6


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62 n other respe(ts, the pri$ile%es of memers of the 3ational Assemly shall e s'(h as may from

time to time e defined y A(t of the ederal =e%islat're, and 'ntil so defined, shall e s'(h as )ere,

immediately efore the (ommen(in% day, enoyed y memers of the 3ational Assemly!

6; 3othin% in any existin% la), and not)ithstandin% anythin% in the fore%oin% pro$isions of this

Arti(le, nothin% in this 4onstit'tion, shall e (onstr'ed as (onferrin%, or empo)erin% the ederal

=e%islat're to (onfer, on the 3ational Assemly or any (ommittee or offi(er of the Assemly, the stat's

of a 4o'rt, or any p'niti$e or dis(iplinary po)ers other than the po)er to remo$e or ex(l'de personsinfrin%in% the r'les or other)ise eha$in% in a disorderly manner!

6


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the reassemly thereof shall e deemed toD, n(l'de referen(es respe(ti$ely"

6a to the time follo)in% immediately 'pon the dissol'tion of the Assemly+ and

6 to the first Assemly of the next!

CHAPTER &--- ENACTMENT OF THE CONSTITUTION

95!"61 8he prin(ipal f'n(tion of the 3ational Assemly shall e to !ena(t a 4onstit'tion for Pakistan!

62 8he 3ational Assemly shall (ease to exer(ise its f'n(tion 'nder (la'se 6l at the expiration of a

period of one year from the fo'rteenth day !of A'%'st 1972, or on s'(h earlier date on )hi(h theena(tment of the 4onstit'tion is (ompleted!

9?!"61 8he President of the 3ational Assemly ele(ted 'nder Arti(le ? of the 3ational Assemly 60hort

0ession >rder, 1972, shall e the President of the 3ational Assemly )hene$er it f'n(tions 'nder this

4hapter! "

62 f at any time the offi(e of President of the 3ational Assemly falls $a(ant, the Assemly shall

(hoose from amon%st its memers a President of the Assemly and the President so (hosen shall,

efore he enters 'pon his offi(e, make an oath to s'(h form set o't in the 0e(ond 0(hed'le as is

appli(ale to his offi(e!

6; At any time )hen the offi(e of President of the 3ational Assemly is $a(ant, or the President of the

3ational Assemly is asent or is 'nale to perform the f'n(tions of his offi(e d'e to illness or any

other (a'se, the 0peaker of the 3ational Assemly shall a(t as President of the Assemly, and if

neither of them is present, the @ep'ty 0peaker of the 3ational Assemly shall a(t as President of the

Assemly!6


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1C1! At any time )hen a Go$ernor is asent from Pakistan or is 'nale to perform the f'n(tions of his

offi(e d'e to illness or any other (a'se, s'(h other person as the President may dire(t shall a(t as

Go$ernor and perform the f'n(tions of that offi(e!

1C2!"61 8he exe('ti$e a'thority of a Pro$in(e shall e exer(ised y the Go$ernor, either dire(tly or

thro'%h offi(ers s'ordinate to him, 't nothin% in this Arti(le shall pre$ent the ederal or the

Pro$in(ial =e%islat're from (onferrin% f'n(tions 'pon s'ordinate a'thorities, or e deemed to transfer

to the Go$ernor any f'n(tions (onferred y any existin% la) on any 4o'rt, /'d%e, or offi(er or anylo(al or other a'thority!

62 0'e(t to the pro$isions of this 4onstit'tion, the exe('ti$e a'thority of ea(h Pro$in(e extends to

the matters )ith respe(t to )hi(h the =e%islat're of the Pro$in(e has po)er to make la)s!

Administration of Pro$in(ial Affairs

1C;!"61 8here shall e a 4o'n(il of .inisters, )ith the 4hief .inister at its head, to aid and ad$ise the

Go$ernor in the exer(ise of his f'n(tions!

62 8he 'estion )hether any, and if so )hat, ad$i(e has een tendered y the 4o'n(il of .inisters or

a .inister shall not e in'ired into in any 4o'rt or tri'nal )hatsoe$er!

6; A .inister shall efore enterin% 'pon his offi(e make efore the Go$ernor an oath in s'(h form set

o't in the 0e(ond 0(hed'le as is appli(ale to his offi(e!

1C


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(la'se 65+and the spe(ial session or spe(ial meetin% shall not e ado'rned 'ntil s'(h 'siness has een(on(l'ded y the takin% of a $ote or $otes!69 8he salaries, allo)an(es and pri$ile%es of .inisters shall e s'(h as the Pro$in(ial =e%islat're mayfrom time to time y A(t determine, and 'ntil the Pro$in(ial =e%islat're so determines, shall edetermined y the Go$ernor!61C A .inister may, y )ritin% 'nder his hand addressed to the Go$ernor, resi%n his offi(e!

611 or the p'rposes of this Arti(le, .inister in(l'des 4hief .inister!1C5!""61 8he Go$ernor of ea(h Pro$in(e shall appoint a person, ein% a person 'alified to eappointed a /'d%e of a *i%h 4o'rt, to e Ad$o(ate! General for the Pro$in(e!62 t shall e the d'ty of the Ad$o(ate"General to %i$e ad$i(e to the Pro$in(ial Go$ernment 'pon s'(hle%al matters, and to perform s'(h other d'ties of a le%al (hara(ter, as may from tithe to rim+! ereferred or assi%ned to him y the Go$ernor!6; 8he Ad$o(ate"General shall hold o i(e darin% the pleas're of the Go$ernor, and shall re(ei$e s'(hrem'neration as the Go$ernor may determine!6


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the f'n(tions of his offi(e d'e to illness or any other (a'se, the @ep'ty 0peaker shall a(t as 0peaker,ex(ept that, if at that time, the @ep'ty 0peaker is also asent or is 'nale to a(t as 0peaker d'e toillness or other (a'se, s'(h memer as may e determined y the r'les of pro(ed're of the Assemlyshall a(t as 0peaker!6

e(ome $a(ant!62 f for sixty days a memer of a Pro$in(ial Assemly is, )itho't permission of the Assemly, asentfrom all meetin%s thereof, the Assemly may de(lare his seat $a(antDPro$ided that in (omp'tin% the said period of sixty days no a((o'nt shall e taken of any period d'rin%)hi(h the Assemly is proro%'ed, or is ado'rned for more than fo'r (onse('ti$e days!11?!"61 A person shall e dis'alified from ein% ele(ted as, and for ein%, a memer of a Pro$in(ialAssemly if"6a he is of 'nso'nd mind and has een so de(lared y a (ompetent 4o'rt+ or6 he is an 'ndis(har%ed insol$ent + or6( he has een, after the t)entieth day of @e(emer 1971, on (on$i(tion for any offen(e, senten(edto transportation for any term or to imprisonment for a term of not less than t)o years, 'nless aperiod of fi$e years, or s'(h less period as the President may allo) in any parti('lar (ase, has elapsedsin(e his release+ or6d he has een dismissed for mis(ond'(t from the ser$i(e of Pakistan, 'nless a period of fi$e years,

or s'(h less period as the President may allo) in any parti('lar (ase, has elapsed sin(e his dismissal+or6e he, )hether y himself or off, any person or ody of persons in tr'st for him or for his enefit oron his a((o'nt or as a memer of a *ind' 'ndi$ided family, has any share or interest in a (ontra(t,not ein% a (ontra(t et)een a (o"operati$e so(iety and Go$ernment, for the s'pply of %oods to, orfor the exe('tion of any )ork or the performan(e of any ser$i(e 'ndertaken y, Go$ernmentsPro$ided that the dis'alifi(ation 'nder this para%raph shall not apply to a person"6i )here the share or interest in the (ontra(t de$ol$es on him y inheritan(e or s'((ession or as ale%atee, exe('tor or administrator, 'ntil the expiration of six months after it has so de$ol$ed on him,or s'(h lon%er period as the President may in any parti('lar (ase allo) + or


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6ii )here the (ontra(t has een entered into y or on ehalf of a p'li( (ompany, as defined in the4ompanies A(t, 191;, of )hi(h he is a shareholder 't is neither a dire(tor nor a person holdin% anoffi(e of profit 'nder the (ompany nor a mana%in% a%ent+ or6iii )here he is a memer of a *ind' 'ndi$ided family and the (ontra(t has een entered into y anyother memer of that family in the (o'rse of (arryin% on a separate 'siness in )hi(h he has no shareor interest + or6 he holds any offi(e of profit in the ser$i(e of Pakistan other than an offi(e )hi(h is not a )hole time

offi(e rem'nerated either y salary or y fee",Pro$ided that for the p'rpose of this para%raph an offi(e of profit in the ser$i(e of Pakistan shall notin(l'de"6i the offi(e of President+6ii the offi(e of i(e"President of Pakistan +6iii the offi(e of Go$ernor+6i$ the offi(e of a memer of the Presidents 4o'n(il of .inisters+6$ the offi(e of .inister of 0tate+6$i the offi(e of Ad$iser to the President+6$ii the offi(e of memer of a Go$ernors 4o'n(il of .inisters +6$iii the offi(e of Ad$iser to a Go$ernor+6ix the offi(e of 0pe(ial Assistant to the President, )hen held y a person )ho is not a memer of are%'lar ser$i(e+6x the offi(e of Amassador of Pakistan in a forei%n (o'ntry, )hen held y a person )ho is not a

memer of a re%'lar ser$i(e +6xi the offi(es of =amerdar, namdar, 0'fedposh and Iaildar, )hether (alled y this or any othertitle +6xii eser$es of the Armed or(es ho)soe$er des(ried +6xiii the azakars +6xi$ any offi(e the holder )hereof,Jy $irt'e of holdin% s'(h offi(e, is liale to e (alled 'p formilitary trainin% or military ser$i(e 'nder any la) pro$idin% for the (onstit'tion or raisin% of a for(e +6x$ any other offi(e )hi(h is de(lared y A(t of the ederal =e%islat're not to dis'alify its holderfrom ein% ele(ted as, or from ein%, a memer of the 3ational Assemly or a Pro$in(ial Assemly!62 or the a$oidan(e of do't, it is herey de(lared that a /'d%e of the 0'preme 4o'rt or a *i%h4o'rt, the A'ditor"General, the Attorney"General and an Ad$o(ate"General are persons holdin% offi(eof profit in the ser$i(e of Pakistan!6; f any 'estion arises )hether a memer of a Pro$in(ial Assemly, has, after his ele(tion, e(omedis'alified from ein% a memer of the Assemly, the 0peaker of the Pro$in(ial Assemly shall refer

the 'estion to the 4hief Ele(tion 4ommissioner, and if the 4hief Ele(tion 4ommissioner 9s of theopinion that the memer has e(ome dis'alified, the memer shall (ease to e a memer!6


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Pro$ided that any s'(h A(t shall ha$e effe(t s'e(t to s'(h r'les for re%'latin% the attendan(e efores'(h (ommittees of persons )ho are, or ha$e een, n the ser$i(e of Pakistan, and safe%'ardin%(onfidential matter from dis(los're, as may e made y the Go$ernor!65 8he pro$isions of (la'ses 61 and 62 shall apply in relation to persons )ho y $irt'e of this4onstit'tion ha$e the ri%ht to speak in and other)ise take part in the pro(eedin%s of a Pro$in(ialAssemly as they apply in relation to memers of the Assemly!119! 8he salaries and allo)an(es of memers of ea(h Pro$in(ial Assemly shall e s'(h as may from

time to time e defined y A(t of the Pro$in(ial =e%islat're, and 'ntil so defined, shall e s'(h as )ereadmissile to memers of the Assemly immediately efore the (ommen(in% day =e%islati$ePro(ed're12CD 61 A Bill pendin% in a Pro$in(ial Assemly shall not lapse y the proro%ation of the Assemly!62 A Bill )hi(h is pendin% in a Pro$in(ial Assemly stall lapse on the dissol'tion of the Assemly!121!"61 #hen a Bill has een passed y a Pro$in(ial Assemly, it shall e presented to the Go$ernor,and the Go$ernor shall de(lare either that he assents to the Bill, or that he )ithholds assenttherefrom, or that he reser$es the Bill for the (onsideration of the PresidentDPro$ided that the Go$ernor may ret'rn the Bill to the Assemly )ith a messa%e re'estin% that thePro$in(ial Assemly )ill re(onsider the Bill or any spe(ified pro$isions thereof and, in parti('lar, )ill(onsider the desiraility of introd'(in% any s'(h amendments as he may re(ommend in his messa%e!62 #hen the Go$ernor has de(lared that he )ithholds assent from a Bill, the Pro$in(ial Assemly shalle (ompetent to re(onsider the Bill, and if it is a%ain passed, )ith or )itho't amendment, y theAssemly, y a maority of $otes of the total n'mer of memers of the Assemly, it shall e a%ain

presented to the Go$ernor, and the Go$ernor shall assent thereto!6; #hen the Go$ernor has ret'rned a Bill to the Pro$in(ial Assemly, it shall e re(onsidered y theAssemly, and if it is a%ain passed, )ith or )itho't amendment, y the Assemly, y A maority of$otes of the total n'mer of memers of the Assemly, it shall e a%ain presented to the Go$ernor,and the Go$ernor shall assent thereto!122! #hen a Bill is reser$ed y a Go$ernor for the (onsideration of the President, the President shallde(lare either that he assents to the Bill or that he )ithholds assent therefrom+Pro$ided that the President may, if he thinks fit, dire(t the Go$ernor to ret'rn the Bill to the Pro$in(ialAssemly to%ether )ith s'(h a messa%e as is mentioned in the pro$iso to (la'se 61 of the lastpre(edin% Arti(le and, )hen a Bill is so ret'rned, the Assemly shall re(onsider it a((ordin%ly and, if itis a%ain passed, )ith or )itho't amendment, y the Assemly, y a maority of $otes of the totaln'mer of memers of the Assemly, it shall e presented a%ain to the President for his (onsideration!Pro(ed're in inan(ial .atters12;!"61 All re$en'es re(ei$ed and all loans raised y a Pro$in(ial Go$ernment, and all moneys

re(ei$ed y a Pro$in(ial Go$ernment in repayment of any loan, shall form part of one (onsolidatedf'nd, to e kno)n as the Pro$in(ial 4onsolidated 'nd!62 All other moneys re(ei$ed y or on ehalf of a Pro$in(ial Go$ernment shall e (redited to theP'li( A((o'nt of the Pro$in(e!6; All moneys re(ei$ed y or deposited )ith the *i%h 4o'rt, or any other 4o'rt estalished 'nder thea'thority of the Pro$in(e, shall also e (redited to the P'li( A((o'nt of the Pro$in(e!12


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for lo(al p'rposes!6; A Bill to )hi(h (la'se 6 relates shall e referred to as a :.oney Bill:!1;C! 8ao tax shall e le$ied for the p'rposes of a Pro$in(ial Go$ernment ex(ept y or 'nder thea'thority of A(t of the Pro$in(ial =e%islat're!1;1! 3ot)ithstandin% anythin% (ontained in the fore%oin% pro$isions relatin% to finan(ial matters, thePro$in(ial Assemly shall ha$e po)er to make any %rant in ad$an(e n respe(t of the estimatedexpendit're for a @art of any finan(ial year, not ex(eedin% three months pendin% the (ompletion of the

pro(ed're pres(ried in Arti(le 12? for the $otin% of s'(h %rant and the a'thenti(ation of the s(hed'leof expendit're in a((ordan(e )ith the pro$isions of Arti(le 127 in relation to that expendit're!Pro(ed're Generally1;1! 3ot)ithstandin% anythin% (ontained in the fore%oin% pro$isions relatin% to finan(ial matters, thePro$in(ial Assemly shall ha$e po)er to make any %rant in ad$an(e n respe(t of the estimatedexpendit're for a @art of any finan(ial year, not ex(eedin% three months pendin% the (ompletion of thepro(ed're pres(ried in Arti(le 12? for the $otin% of s'(h %rant and the a'thenti(ation of the s(hed'leof expendit're in a((ordan(e )ith the pro$isions of Arti(le 127 in relation to that expendit're!Pro(ed're Generally1;2!"61 A Pro$in(ial Assemly may make r'les for re%'latin%, s'e(t to the pro$isions of this4onstit'tion, its pro(ed're and the (ond'(t of its 'siness!62 &ntil r'les are made 'nder this Arti(le, the pro(ed're and (ond'(t of 'siness in the Assemlyshall e re%'lated y 'les made y the Go$ernor of the Pro$in(e!1;;! 3o dis('ssion shall take pla(e in a Pro$in(ial Assemly )ith respe(t to the (ond'(t of any /'d%e

of the 0'preme 4o'rt or a *i%h 4o'rt in the dis(har%e of his d'ties!1;

had re(ei$ed assent of the President!62 An >rdinan(e prom'l%ated 'nder this Arti(le shall ha$e the same for(e and effe(t as an A(t of thePro$in(ial =e%islat're assented to y the Go$ernor 't e$ery s'(h >rdinan(e"""6a shall e laid efore the Pro$in(ial Assemly and shall (ease to operate at the expiration of six)eeks from the reassemly thereof, or if efore the expiration of that period a resol'tion disappro$in%it is passed y the Pro$in(ial Assemly, 'pon the passin% of that resol'tion+6 may e )ithdra)n at any time y the Go$ernor!6; n (la'ses 61 and 62, referen(es to the time )hen the Pro$in(ial Assemly is not in session andto the reassemly thereof shall e deemed to in(l'de referen(es respe(ti$ely"6a to the time follo)in% immediately 'pon the dissol'tion of the Assemly+ and6 to the first assemly of the next!6rdinan(e 'nder this Arti(le makes any pro$ision )hi(h )o'ld not e $alid ifena(ted in an A(t of the Pro$in(ial =e%islat're assented to y the Go$ernor, it shall e $oid+Pro$ided that, for the p'rposes of the pro$isions of this 4onstit'tion relatin% to the effe(t of an A(t of

a Pro$in(ial =e%islat're )hi(h is rep'%nant to an A(t of the ederal =e%islat're or an existin% la) )ithrespe(t to a matter en'merated in the 4on('rrent =e%islati$e =ist, an >rdinan(e prom'l%ated 'nderthis Arti(le in p'rs'an(e of instr'(tions from the President shall e deemed to e an A(t of thePro$in(ial =e%islat're )hi(h has een reser$ed for the (onsideration of the President and assented toy him!CHAPTER &.-PRO'ISIONS IN CASE OF FAILURE OF CONSTITUTIONAL MACHINERY 1;?!"61 f the President, on re(eipt of a report from the Go$ernor of a Pro$in(e, or information fromany other so'r(e, is satisfied that a sit'ation has arisen in )hi(h the Go$ernment of a Pro$in(e (annote (arried on in a((ordan(e )ith the pro$isions of this 4onstit'tion, the President may ypro(lamation""""


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6a ass'me to himself, or dire(t the Go$ernor of the Pro$in(e to ass'me on ehalf of the President, allor any of the f'n(tions of the Go$ernment of the Pro$in(e, and all or any of the po)ers $ested in orexer(isale y any ody or a'thority in the Pro$in(e, other than the Pro$in(ial =e%islat're+6 de(lare that the po)ers of the Pro$in(ial =e%islat're to make la)s shall e exer(isale y or 'nderthe a'thority of the ederal =e%islat're+6( make s'(h in(idental and (onse'ential pro$isions as appear to the President to e ne(essary ordesirale for %i$in% effe(t to the oe(ts of the Pro(lamation, in(l'din% pro$isions for s'spendin% in

)hole or in part the operation of any pro$isions of this 4onstit'tion relatin% to any ody or a'thority inthe Pro$in(eDPro$ided that nothin% in this Arti(le shall a'thorise the President to ass'me to himself or dire(t theGo$ernor of the Pro$in(e to ass'me on his ehalf, any of the po)ers $ested in or exer(isale y a *i%h4o'rt, or to s'spend either in )hole or in part the operation of any pro$isions of this 4onstit'tionrelatin% to *i%h 4o'rts!62 E$ery Pro(lamation 'nder this arti(le, not ein% a pro(lamation re$okin% a pre$io's Pro(lamation,shall e laid efore the 3ational Assemly, and shall (ease to operate on the expiration of t)o months,'nless efore the expiration of that period it has een appro$ed y a resol'tion of the Assemly, or ifefore the expiration of that period a resol'tion disappro$in% it is passed y the Assemly, 'pon thepassin% of that resol'tionDPro$ided that if any s'(h Pro(lamation not ein% a Pro(lamation re$okin% a pre$io's Pro(lamation isiss'ed at a time )hen the 3ational Assemly is dissol$ed or if the dissol'tion of the Assemly takespla(e d'rin% the period of t)o months referred to in this (la'se, the Pro(lamation shall (ease to

operate on the expiry of thirty days from the date on )hi(h the Assemly first sits after itsre(onstit'tion, 'nless efore the expiration of the said period of thirty days a resol'tion appro$in% thatPro(lamation has een passed y the Assemly!6; A Pro(lamation appro$ed y resol'tion in a((ordan(e )ith (la'se 62 shall, 'nless sooner re$oked,(ease to operate on the expiration of a period of six months from the date of its prom'l%ation!6


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en'merated in =ist in the said 0(hed'le 6hereinafter (alled the :Pro$in(ial =e%islati$e =ist:!6


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so made, 'nless the President other)ise dire(ts!1


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E@EA8>3 A3@ P>34E0General1


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de$elopment of Pakistan shall e form'lated )ith respe(t to periods spe(ified y the 4o'n(il!6? 8he 4o'n(il may, from time to time appoint s'(h (ommittees or odies of experts as (onsidersne(essary to assist it in the performan(e of It f!"#t$o".67 3othin% in this Arti(le shall affe(t the exer(ise of the exe('ti$e a'thority of the ederalGo$ernment or of a Pro$in(ial Go$ernment!6 8he 4o'n(il shall s'mit e$ery year to the 3ational Assemly a report on the res'lts otained andthe pro%ress made in the a(hie$ement of the oe(t referred to in (la'se 6(ontained re'ires explanation, or that he needs %'idan(e 'pon any point not ori%inally referred yhim to the 4ommission, he may a%ain refer the matter to the 4ommission for f'rther in$esti%ation anda f'rther report!6


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and any A(t of a Pro$in(ial =e%islat're )hi(h is rep'%nant to the order shall, to the extent of therep'%nan(y, e $oid!67 8he President, on appli(ation made to him y the Go$ernment of any Pro$in(e affe(ted, may atany time, if after a referen(e to, and report from, a 4ommission appointed as aforesaid, he (onsidersit proper so to do, $ary any de(ision or order %i$en or made 'nder this Arti(le!6 An order made y the President 'nder this Arti(le may (ontain dire(tions as to the Go$ernment orpersons y )hom the expenses of the 4ommission and any (osts in('rred y any Pro$in(e, or persons

in appearin% efore the 4ommission are to e paid, and may fix the amo'nt of any expenses or (oststo e so paid, and so far as it relates to expenses or (osts, may e enfor(ed as if it )ere an ordermade y the 0'preme 4o'rt!155! f it appears to the President that the interests of the 4apital of the ederation or of any of theinhaitants thereof, in the )ater from any nat'ral so'r(e of s'pply in any Pro$in(e ha$e een or arelikely to e affe(ted pre'di(ially y"""""""6a any exe('ti$e a(tion or le%islation taken or passed, or proposed to e taken or passed, or6 the fail're of any a'thority to exer(ise any of their po)ers, )ith respe(t to the 'se, distri'tion or(ontrol of )ater from that so'r(e+he may, if he thinks fit, refer the matter to a 4ommission appointed in a((ordan(e )ith the pro$isionsof the last pre(edin% Arti(le, and there'pon those pro$isions shall apply as if the 4apital )ere aPro$in(e and as if a (omplaint )ith respe(t to the matter had een made y the Go$ernment of thatPro$in(e to the President!15?! 3ot)ithstandin% anythin% in this 4onstit'tion, neither the 0'preme 4o'rt nor a *i%h 4o'rt nor

any other 4o'rt, shall ha$e 'risdi(tion to entertain any a(tion or s'it in respe(t of any matter if a(tionin respe(t of that matter mi%ht ha$e een taken 'nder any of the last three pre(edin% Arti(les y theGo$ernment of a Pro$in(e, or the President!157! f at any time it appears to the President that the p'li( interests )o'ld e ser$ed y theestalishment of an nter"Pro$in(ial or a ederal 4o'n(il (har%ed )ith the d'ty of""""""6a in'irin% into and ad$isin% 'pon disp'tes )hi(h may ha$e arisen et)een Pro$in(es, or et)eenone or more Pro$in(es and the ederation +6 in$esti%atin% and dis('ssin% s'e(ts in )hi(h some or all of the Pro$in(es, or the ederation andone or more of the Pro$in(es, ha$e a (ommon interest, or6( makin% re(ommendations 'pon any s'(h s'e(t and, in parti('lar, re(ommendations for theetter (o"ordination and 'niformity of poli(y and a(tion )ith respe(t to that s'e(t, it shall e la)f'lfor the President to estalish s'(h a 4o'n(il, and to define the nat're of the d'ties to e performed yit and its or%anisation and pro(ed're!PA8 "3A34E, P>PE8L, 4>38A480 A3@ 0&80

4*AP8E "3A34EDi,t"iution of Reenue, et*een t!e Fee"$tion $n t!e P"oince,15!"61 8axes on in(ome other than a%ri('lt'ral in(ome shall e le$ied and (olle(ted y theederation, 't s'(h per(enta%e of the net pro(eeds in any finan(ial year of any s'(h tax, ex(ept in sofar as those pro(eeds represent pro(eeds attri'tale to taxes payale in respe(t of ederalemol'ments, as may e pres(ried y >rder of the President, shall not form part of the ederal4onsolidated 'nd, 't shall e assi%ned to and distri'ted amon% the Pro$in(es in s'(h manner asmay e pres(ried y the >rder!62 n this Arti(le,""6a :taxes on in(ome: in(l'des a (orporation tax+ and6 :ederal emol'ments: in(l'des all emol'ments and pensions payale o't of the ederal4onsolidated 'nd in respe(t of )hi(h in(ometax is (har%eale!159! ederal d'ties of ex(ise 6in(l'din% d'ties on salt and export d'ties shall e le$ied and (olle(tedy the ederation, 't, if an >rder of the President so pro$ides, there shall e paid o't of the ederal

4onsolidated 'nd to the Pro$in(es s'ms e'i$alent to the )hole or any part of the net pro(eeds inany finan(ial year of those d'ties, and those s'ms shall e distri'ted amon% the Pro$in(es in s'(hmanner as may e so pres(ried!1?C! 8axes on the sale and p'r(hase of %oods shall e le$ied and (olle(ted y the ederation, 't s'(hportion of the net pro(eeds in any finan(ial year of any s'(h tax as may e pres(ried y >rder of thePresident shall not form part of the ederal 4onsolidated 'nd, 't shall e assi%ned to and distri'tedamon% the Pro$in(es in s'(h manner as may e so pres(ried!Di,t"iution of Reenue, et*een t!e Fee"$tion $n t!e P"oince,1?1!"61 3o Bill or amendment )hi(h imposes or $aries any tax or d'ty in )hi(h Pro$in(es areinterested, or )hi(h $aries the meanin% of the expression a%ri('lt'ral in(ome: as defined for the


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p'rposes of the ena(tments relatin% to in(ome"tax, or )hi(h affe(ts the prin(iples on )hi(h 'nder anyof the fore%oin% pro$isions of this 4hapter moneys are or may e distri'tale to Pro$in(es shall eintrod'(ed or mo$ed in the 3ational Assemly ex(ept )ith the pre$io's san(tion of the President!62 n this Arti(le, the expression :tax or d'ty in )hi(h Pro$in(es are interested: means"""""6a a tax or d'ty the ,o* o% /&%t of t,* "*t /%o#**' ,*%*of &%* &$("*' to any Pro$in(e+or

6 a tax or d'ty y referen(e to the net pro(eeds )hereof s'ms are for the time ein%payale o't of the ederal 4onsolidated 'nd to any Pro$in(e!

1?;! 0'(h s'ms as may e pres(ried y >rder of the President shall e (har%ed on the ederal4onsolidated 'nd in ea(h year as %rants in"aid of the Pro$in(ial 4onsolidated 'nds of s'(h Pro$in(esas the President may determine to e in need of assistan(e, and different s'ms may e pres(ried fordifferent Pro$in(es!1?


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Pakistan an oath in s'(h, form set o't n the 0e(ond 0(hed'le as is appli(ale to his offi(e!6; 8he (onditions of ser$i(e of the A'ditor"General shall e s'(h as may e pres(ried y >rder ofthe President, and he shall not hold any offi(e of profit in the ser$i(e of Pakistan efore the expirationof t)o years after he has (eased to hold that offi(e!6


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(ase to )hi(h (la'se 62 does not apply shall! lie only if the 0'preme 4o'rt %rants lea$e to appeal!17!""61 f at any time, the President (onsiders that it is desirale to otain the opinion of the0'preme 4o'rt on any 'estion of la) )hi(h he (onsiders of p'li( importan(e, he may refer the'estion to the 0'preme 4o'rt for (onsideration!62 8he 0'preme 4o'rt shall (onsider a 'estion so referred and report! its opinion on the 'estion tothe President!1! n addition to the 'risdi(tion (onferred on it y this 4onstit'tion, the 0'preme 4o'rt shall ha$e

s'(h other 'risdi(tion as may e (onferred on it y la)!19!"61 8he 0'preme 4o'rt shall ha$e po)er to iss'e s'(h dire(tions, orders or de(rees as may ene(essary for doin% (omplete 'sti(e in any (a'se or matter pendin% efore it, in(l'din% an order forthe p'rpose of se('rin% the attendan(e of any person or the dis(o$ery or prod'(tion of any do('ment!62 Any s'(h dire(tion, order or de(ree shall e enfor(eale thro'%ho't Pakistan and shall, )here it isto e exe('ted in a Pro$in(e, e exe('ted as if it had een iss'ed y the *i%h 4o'rt of that Pro$in(e!6; f a 'estion arises as to )hi(h *i%h 4o'rt shall %i$e effe(t to a dire(tion, order or de(ree of the0'preme 4o'rt, the de(ision of the 0'preme 4o'rt on the 'estion shall e final!19C! 8he 0'preme 4o'rt shall ha$e po)er, s'e(t to the pro$isions of any A(t of the ederal=e%islat're and of any 'les made y the 0'preme 4o'rt, to re$ie) any 'd%ment prono'n(ed or anyorder made y it!191! Any de(ision of the 0'preme 4o'rt shall, to the extent that it de(ides a 'estion of la) or isased 'pon or en'n(iates a prin(iple of la), e indin% on all other 4o'rts in Pakistan!192! All exe('ti$e and 'di(ial a'thorities thro'%ho't Pakistan shall a(t in aid of the 0'preme 4o'rt!

19;! 0'e(t to this 4onstit'tion and the la), the 0'preme 4o'rt may, )ith the appro$al of thePresident, make 'les re%'latin% the pra(ti(e and pro(ed're of the 4o'rt!CHAPTER 0.-THE HIGH COURTS19


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sooner resi%ns or is remo$ed from offi(e in a((ordan(e )ith this 4onstit'tion!19! At any time )hen"6a the offi(e of 4hief /'sti(e of a *i%h 4o'rt is $a(ant + or6 the 4hief /'sti(e of a *i%h 4o'rt is asent or is 'nale to perform the f'n(tions of his offi(e d'e tollness or any other (a'se, s'(h other /'d%e of the *i%h 4o'rt as the President may appoint shall a(tas 4hief /'sti(e!199! f, at any time"

6a the offi(e of a /'d%e of a *i%h 4o'rt is $a(ant, or(b) a /'d%e of a *i%h 4o'rt is asent or is 'nale to perform the f'n(tions of his offi(e d'e to illnessor any other (a'se, or6( for any reason it is ne(essary to in(rease the n'mer of /'d%es of a *i%h 4o'rt!8he President may appoint a person 'alified for appointment as a /'d%e of the *i%h 4o'rt to e anAdditional /'d%e of the 4o'rt for s'(h period as the President may determine, ein% a period notex(eedin% s'(h period, if any, as may e pres(ried y la)!2CC! Ea(h *i%h 4o'rt in existen(e immediately efore the (ommen(in% day shall (ontin'e to ha$e itsprin(ipal seat at the pla(e, )here it had s'(h seat efore that day!2C1!"61 A *i%h 4o'rt shall ha$e s'(h 'risdi(tion as (onferred on it y this 4onstit'tion or y la)!62 0'e(t to this 4onstit'tion, a *i%h 4o'rt may, if Kt is satisfied that no other ade'ate remedy ispro$ided y la)"6a on the appli(ation of any a%%rie$ed party, make an order"6i dire(tin% a person performin%, )ithin the territorial 'risdi(tion of the 4o'rt, f'n(tions in (onne(tion

)ith the affairs of the ederation, a Pro$in(e or a lo(al a'thority, to refrain from doin% anythin% he isnot permitted y la) to do, or to do anythin% he is re'ired y la) to do + or611 de(larin% that any a(t done or pro(eedin% taken )ithin the territorial 'risdi(tion of the 4o'rt y aperson performin% f'n(tions in (onne(tion )ith the affairs of the ederation, a Pro$in(e or a lo(ala'thority, has een done or taken )itho't la)f'l a'thority, and is of no le%al effe(t+ or(b) on the appli(ation of any person, make an order"6i dire(tin% that a person in ('stody )ithin the territorial 'risdi(tion of the 4o'rt e ro'%ht efore itso that the 4o'rt may satisfy itself that he is not ein% held in ('stody )itho't la)f'l a'thority or inan 'nla)f'l manner+ or6if re'irin% a person )ithin the territorial 'risdi(tion of the 4o'rt holdin% or p'rportin% to hold ap'li( offi(e to sho) 'nder )hat a'thority of la) he (laims to hold that offi(e+ or6( on the appli(ation of any a%%rie$ed person, make an order %i$in% s'(h dire(tions to any person ora'thority, in(l'din% any Go$ernment, exer(isin% any po)er or performin% any f'n(tion in, or in relationto, any territory )ithin the 'risdi(tion of that 4o'rt as may he appropriate for the enfor(ement of any

of the f'ndamental ri%hts (onferred y 4hapter 1 of Part !6; An order shall not e made 'nder (la'se 62"6a on appli(ation made y or in relation to a person in the @efen(e 0er$i(es of Pakistan in respe(t ofhis terms and (onditions of ser$i(e, in respe(t of any matter arisin% o't of his ser$i(e or in respe(t ofany a(tion taken in relation to him as a memer of the @efen(e 0er$i(es of Pakistan+ or(b) on appli(ation made y or in relation to any other person in the ser$i(e of Pakistan in respe(t ofhis terms and (onditions of ser$i(e, ex(ept a term or (ondition of ser$i(e spe(ified in this 4onstit'tion!6


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6 in any other (ase, the Ad$o(ate"General of the Pro$in(e in )hi(h the appli(ation is made!2C2!"61 8he President may transfer a /'d%e of a *i%h 4o'rt from one *i%h 4o'rt to another *i%h4o'rt, 't no /'d%e shall e so transferred ex(ept )ith his (onsent and after (ons'ltation y thePresident )ith the 4hief /'sti(e of Pakistan and the 4hief /'sti(es of oth *i%h 4o'rts!62 #hen a /'d%e is so transferred, he shall, d'rin% the period for )hi(h he ser$es as a /'d%e of the*i%h 4o'rt to )hi(h he is transferred, e entitled to s'(h (ompensatory allo)an(e, in addition to hissalary, as the President may, y >rder, determine!

2C;! 0'e(t to Arti(le 191, any de(ision of a *i%h 4o'rt shall, to the extent that it de(ides a 'estionof la) or is ased 'pon or en'n(iates a prin(iple of la), e indin% on all other 4o'rts )hi(h ares'ordinate to it!2C

6( does anythin% )hi(h tends to pre'di(e the determination of a matter pendin% efore the 4o'rt+ or6d does any other thin% )hi(h, y la), (onstit'tes (ontempt of the 4o'rt!6; 8he exer(ise of the po)er (onferred on a 4o'rt y this Arti(le may e re%'lated y la) and,s'e(t to la), y r'les made y the 4o'rt!2C7! 8he rem'neration and other terms and (onditions of ser$i(e of a /'d%e of the 0'preme 4o'rt orof a *i%h 4o'rt shall e as pro$ided in the ifth 0(hed'le!2C! A /'d%e of the 0'preme 4o'rt or of a *i%h 4o'rt may resi%n leis offi(e y )ritin% 'nder his handaddressed to the President!C9!"61 A /'d%e of the 0'preme 4o'rt or of a *i%h 4o'rt shall not"6a hold any other offi(e of profit in the ser$i(e of Pakistan if his rem'neration is therey in(reased, or6 o(('py any other position (arryin% the ri%ht to rem'neration for the renderin% of ser$i(es, 't this(la'se shall not e (onstr'ed as pre$entin% a /'d%e from holdin% ,or mana%in% his pri$ate property, ora /'d%e of a *i%h 4o'rt from ein% appointed as a /'d%e of the 0'preme 4o'rt!62 A person )ho has held offi(e as a /'d%e of the 0'preme 4o'rt or, of a *i%h 4o'rt shall not hold

any offi(e of profit in the ser$i(e of Pakistan, not ein% a 'di(ial or 'asi"/'di(ial offi(e or the offi(e of 4hief Ele(tion 4ommissioner or of 4hairman or memer of =a) 4ommission, efore the expiration oft)o years after he has (eased to hold that offi(e!6; A person )ho has held offi(e as a permanent /'d%e"6a of the 0'preme 4o'rt shall not plead or a(t efore any 4o'rt or a'thority in Pakistan +6 of a *i%h 4o'rt shall not plead or a(t efore any 4o'rt or a'thority )ithin its 'risdi(tion + and6( of the *i%h 4o'rt of #est Pakistan as it existed immediately efore the (omin% into for(e of thePro$in(e of #est Pakistan 6@issol'tion >rder, 197C, shall not plead or a(t efore a 4o'rt or a'thority)ithin the 'risdi(tion of the prin(ipal seat of that *i%h 4o'rt or, as the (ase may e, the permanenten(h of that *i%h 4o'rt, to )hi(h he )as assi%ned!21C! A 4o'rt may, )ith the appro$al of the President in the (ase of the 0'preme 4o'rt, and of theGo$ernor (on(erned in the (ase of a *i%h 4o'rt, make r'les pro$idin% for the appointment y the4o'rt of offi(ers and !ser$ants of the 4o'rt, and for their terms and (onditions of employment!211!"61 8here shall e a 0'preme /'di(ial 4o'n(il of Pakistan, hereafter in this 4hapter referred to as

the 4o'n(il!62 8he 4o'n(il shall (onsist of"6al the 4hief /'sti(e of Pakistan+6 the t)o next most senior /'d%es of the 0'preme 4o'rt + and6( the t)o most senior 4hief /'sti(es of *i%h 4o'rts!Explanation.-For the p'rpose of this (la'se, the inter se seniority of the 4hief /'sti(es of the *i%h4o'rts shall e determined )ith referen(e to their dates of appointment as 4hief /'sti(e, and in (asethe dates of s'(h appointment are the same, )ith referen(e to their dates of appointment as 'd%es of any of the *i%h 4o'rts!6; f at any time the 4o'n(il is in'irin% into the (apa(ity or (ond'(t !of a /'d%e )ho is a memer of


35/50


the 4o'n(il, or a memer of the 4o'n(il !is asent or is 'nale to a(t d'e to illness or any other (a'se,then"6a if s'(h memer is a /'d%e of the 0'preme 4o'rt, the /'d%e of the 0'preme 4o'rt )ho is next inseniority elo) the /'d%es referred to in para%raph (b) of (la'se 62, and(b) f s'(h memer is the 4hief /'sti(e of a *i%h 4o'rt, the 4hief /'sti(e of another *i%h 4o'rt )ho isnext in seniority amon% the 4hief /'sti(es of the remainin% *i%h 4o'rts, shall a(t as a memer of the4o'n(il Kn his pla(e!

6

s'(h a'thority a(tin% in the dis(har%e of his d'ties as s'(h ser$ant+6d matters relatin% to ind'strial and lao'r disp'tes+ and6p matters relatin% to the a('isition, administration and disposal of any property )hi(h is deemed toe e$a('ee property or enemy property 'nder any la)!62 #here any Administrati$e 4o'rt or 8ri'nal is estalished 'nder, (la'se 61, no other 4o'rt,in(l'din% the 0'preme 4o'rt and the *i%h 4o'rts, shall %rant an in'n(tion, make any order orentertain any pro(eedin%s in respe(t of any matter to )hi(h the 'risdi(tion of s'(h Administrati$e4o'rt or 8ri'nal extends!


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217! 0'e(t to this 4onstit'tion, the appointment of persons to, andH the terms and(onditions of ser$i(e of persons in, the 0er$i(e of Pakistan may e re%'lated y la)!

21!"61 A person )ho is not a (itizen of Pakistan shall not, ex(ept as pro$ided in (la'se 62, e

eli%ile to hold any offi(e in the ser$i(e of Pakistan!

62 A person )ho, immediately efore the (ommen(in% day, )as in the ser$i(e of Pakistan shall not e

dis'alified from (ontin'in% in the ser$i(e of Pakistan y reason only that he is not a (itizen of

Pakistan!

PART I5-THE SERVICE OF PAKISTAN

CHAPTER 1.-TERMS AND CONDITIONS OF SER'ICE0 ETC.

219! 0'e(t to this 4onstit'tion,"

6a a person )ho is a memer of an All"Pakistan 0er$i(e, of any of the @efen(e 0er$i(es of Pakistan!

or of a (i$il ser$i(e of the ederation, or )ho holds a post (onne(ted )ith defen(e or a (i$il post in

(onne(tion )ith the affairs of the ederation, shall hold offi(e d'rin% the pleas're of the President +

and

6 a person )ho is a memer of a (i$il ser$i(e of a Pro$in(e, or )ho,! ex(ept as a memer of an All"

Pakistan 0er$i(e, holds a (i$il post in (onne(tion )ith the affairs of a Pro$in(e, shall hold offi(e d'rin%

the pleas're of the Go$ernor of the Pro$in(e!

22C!"61 0'e(t to this 4onstit'tion, a person )ho is a memer of an All"Pakistan 0er$i(e or of a (i$il

ser$i(e of the ederation or of a Pro$in(e, or )ho holds a (i$il post in (onne(tion )ith the affairs of the

ederation or of a Pro$in(e"

6a shall not e dismissed or remo$ed from ser$i(e, or red'(ed in rank y an a'thority s'ordinate to

that y )hi(h he )as appointed 'nless "that s'ordinate a'thority has een expressly empo)ered to

do so y an a'thority not so s'ordinate+ and

(b) s'e(t to (la'se 62, shall not e dismissed or remo$ed from ser$i(e, or e red'(ed in rank,

'nless he has een %i$en a reasonale opport'nity of sho)in% (a'se a%ainst the a(tion proposed to e

taken )ith respe(t to him!

62 Para%raph (b) of (la'se 61 shall not apply"

6a )here a person is dismissed or remo$ed from ser$i(e, or red'(ed in ra(k, on the %ro'nd of

(ond'(t )hi(h has led to his (on$i(tion, entailin% imprisonment, on a (riminal (har%e+ or

6 )here an a'thority empo)ered to dismiss or remo$e a person from ser$i(e, or to red'(e a person

in rank, (onsiders that, in the (ir('mstan(es of the (ase, it is not pra(ti(ale to %i$e to the person an

opport'nity of sho)in% (a'se or it )o'ld e pre'di(ial to the se('rity of Pakistan for the person to e

%i$en s'(h an opport'nity!221!"61 0'e(t to this 4onstit'tion and la),"

6a appointments to an All"Pakistan 0er$i(e or to a (i$il ser$i(e of the ederation, or to a (i$il post in

(onne(tion )ith the affairs of the ederation, shall e made y the President or a person a'thorised y

the President in that ehalf+ and

(b) appointments to a (i$il ser$i(e of a Pro$in(e, or to a (i$il post in (onne(tion )ith the affairs of a

Pro$in(e, shall + made y the Go$ernor of the Pro$in(e or a person a'thorised y the Go$ernor in

that ehalf!

62 0'e(t to this 4onstit'tion and la $, the terms and (onditions of ser$i(e of persons ser$in% in a

(i$il (apa(ity in the ser$i(e of Pakistan 6other Dthan persons )hose terms and (onditions of ser$i(e are

spe(ified in this 4onstit'tion shall e as pres(ried"

6a fn the (ase of a person )ho is a memer of an All"Pakistan 0er$i(e or )ho is ser$in% in (onne(tion

)ith the affairs of the ederation, y r'les made y the President or y a person a'thorised y the

President in that "ehalf+ and(b) in the (ase of a person, not ein% a memer of an All"Pakistan 0er$i(e, )ho is ser$in% in

(onne(tion )ith the affairs of a Pro$in(e, y r'les made y the Go$ernor of the Pro$in(e or y a

person a'thorised y the Go$ernor in that ehalf!

6; 'les made for the p'rposes of (la'se 62 shall e so framed as to ! ens're"

6a that the terms and (onditions of ser$i(e of a person 6in so far as those terms and (onditions relate

to rem'neration or a%e fixed for "s'perann'ation are not $aried to his disad$anta%e, and

(b) that )here an order is made )hi(h"

6i p'nishes or formally (ens'res a person,

6ii alters or interprets to the disad$anta%e of a person any r'le affe(tin% this terms or (onditions of


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ser$i(e, or

6iii terminates the employment of a person other)ise than 'pon his !rea(hin% the a%e fixed for

s'perann'ation, he shall, ex(ept )here the order is made y the President or a Go$ernor, ,ha$e at

least one appeal a%ainst the order and, )here the order is made y the President or a Go$ernor, he

shall ha$e the ri%ht to apply to the President or the Go$ernor for a re$ie) of the order!

6

6a the n'mer of memers of the 4ommission 6in(l'din% its 4hairman and their terms and

(onditions of ser$i(e+ and

6 the n'mer of memers of the staff of the 4ommission and their terms and (onditions of ser$i(e!006. A//o$"t*"t) *t#. of **% of P!$# S*%7$#* Co$$o"-----------61 8he 4hairman

and other memers of the ederal P'li( 0er$i(e 4ommission shall e appointed y the President, the

4hairman and other memers of a Pro$in(ial P'li( 0er$i(e 4ommission shall e appointed y the

Go$ernor of the Pro$in(e, and the 4hairman and ether memers of a /oint P'li( 0er$i(e 4ommission,

shall e appointed y the Go$ernor (on(erned!

62 3ot less than one"half of the memers of a 4ommission shall e persons )ho are at the time of

appointment, or )ho ha$e een at some time efore appointment, in the ser$i(e of Pakistan!


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6; #here a person appointed as memer of a 4ommission )as, immediately efore his appointment,

in the ser$i(e of Pakistan, his ri%hts as a person in the ser$i(e of Pakistan shall not, s'e(t to his

appointment and ser$i(e as s'(h memer, e affe(ted!

22?!"61 Before enterin% 'pon his offi(e, a memer of a 4ommission shall make an oath in s'(h form

set o't in the 0e(ond 0(hed'le as is appli(ale to his offi(e!

62 8he oath shall e made"

6a in the (ase of a memer of the ederal P'li( 0er$i(e 4ommission, efore the 4hief /'sti(e ofPakistan +

(b) in the (ase of a memer of a Pro$in(ial P'li( 0er$i(e 4ommission, efore the 4hief /'sti(e of the

*i%h 4o'rt of the Pro$in(e+ and

6( in the (ase of a memer of a /oint P'li( 0er$i(e 4ommission, efore the 4hief /'sti(e of the *i%h

4o'rt (on(erned!

227!"61 A memer of a 4ommission shall, s'e(t to this Arti(le, hold offi(e for a term of three years

from the date on )hi(h he enters 'pon his offi(e!

62 A memer of a 4ommission shall not e remo$ed from offi(e ex(ept in the manner pres(ried in

(la'ses 65 and 6? of Arti(le 2C9 for the remo$al from offi(e of a /'d%e, and in the appli(ation of

those (la'ses for the p'rposes of this (la'se, any referen(e in those (la'ses to a /'d%e shall e

(onstr'ed as a referen(e to a memer of the 4ommission!

6; A memer of a 4ommission may resi%n his offi(e y )ritin% 'nder his hand addressed"

6a in the (ase of the ederal P'li( 0er$i(e 4ommission, to the President+6 in the (ase of a Pro$in(ial P'li( 0er$i(e 4ommission, to the Go$ernor of the Pro$in(e + and

6( in the (ase of a /oint P'li( 0er$i(e 4ommission, to the Go$ernor (on(erned!

22!"61 8he f'n(tions of the ederal P'li( 0er$i(e 4ommission shall e""

6a to (ond'(t tests and examinations for the sele(tion of s'itale persons for appointment to the All"

Pakistan 0er$i(es, the (i$il ser$i(es of the ederation and (i$il posts (onne(ted )ith the affairs of the

ederation+

6 to ad$ise the President on any matter on )hi(h the 4ommission is (ons'lted 'nder (la'se 62 or

)hi(h is referred to the 4ommission y the President + and

6( s'(h other f'n(tions as may e pres(ried y la)!

62 Ex(ept to the extent that the President, after (ons'ltin% the 4ommission, may pro$ide other)ise

y order, the President shall, in relation to the All"Pakistan 0er$i(es, the (i$il ser$i(es of the ederation

and (i$il posts (onne(ted )ith the affairs of the ederation, (ons'lt the ederal P'li( 0er$i(e

4ommission )ith respe(t to"6a matters relatin% to 'alifi(ations for, and methods of re(r'itment to, ser$i(es and posts +

(b) the prin(iples on )hi(h appointments and promotions sho'ld e made +

6( the prin(iples on )hi(h persons elon%in% to one ser$i(e sho'ld e transferred to another +

6d matters affe(tin% terms and (onditions of ser$i(e and proposals ad$ersely affe(tin% pension ri%hts+

6e dis(iplinary matters+ and

6f the retirement of a person 'nder para%raph 6a of (la'se 6rder pro$idin% for ex(eption to the re'irement of (ons'ltation )ith the ederal

P'li( 0er$i(e 4ommission on the matter spe(ified in para%raph 6f shall pro$ide for (ons'ltation on

that matter )ith s'(h a'thority as may e spe(ified in the >rder!

229!"61 8he f'n(tions of a Pro$in(ial P'li( 0er$i(e 4ommission and a /oint P'li( 0er$i(e

4ommission shall e"

6a to (ond'(t tests and examinations for the sele(tion of s'itale persons for appointment to the (i$il

ser$i(es and (i$il posts (onne(ted )ith the affairs of the Pro$in(e or Pro$in(es (on(erned +(b) to ad$ise the Go$ernor (on(erned on any matter on )hi(h the 4ommission is (ons'lted 'nder

(la'se 62 or )hi(h is referred to the 4ommission y s'(h Go$ernor + and

6( s'(h other f'n(tions as may e pres(ried y la)!

62 Ex(ept to the extent that the Go$ernor of a Pro$in(e, after (ons'ltin% the Pro$in(ial P'li( 0er$i(e

4ommission, or, as the (ase may e, the /oint P'li( 0er$i(e 4ommission )hi(h ser$es the needs of

that Pro$in(e, may pro$ide other)ise y >rder, the Go$ernor shall, in relation to the (i$il ser$i(es of

the Pro$in(e and (i$il posts (onne(ted )ith the affairs of the Pro$in(e, (ons'lt the 4ommission )ith

respe(t to"


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6a matters relatin% to 'alifi(ations for, and methods of re(r'itment to, ser$i(es and posts+

6 the prin(iples on )hi(h appointments and promotions sho'ld e made +

6( the prin(iples on )hi(h persons elon%in% to one ser$i(e sho'ld e transferred to another +

6d matters affe(tin% terms and (onditions of ser$i(e and proposals ad$ersely affe(tin% pension

ri%hts +

6e dis(iplinary matters + and

6f the retirement of a person 'nder para%raph 6a of (la'se 6rder pro$idin% for ex(eption to the re'irement of (ons'ltation )ith the Pro$in(ial

P'li( 0er$i(e 4ommission or, as the (ase may e, the /oint P'li( 0er$i(e 4ommission, on the matter

spe(ified in para%raph 6f shall pro$ide for (ons'ltation on that matter )ith s'(h a'thority as may e

spe(ified in the >rder!

2;C! 8he Go$ernor of a Pro$in(e may, )ith the appro$al of then President, refer to the ederal P'li(

0er$i(e 4ommission a matter relatin% to the ser$i(es of the Pro$in(e or posts (onne(ted )ith the

affairs of the Pro$in(e!

2;1! #here the President or a Go$ernor does not a((ept the ad$i(e of a 4ommission, he shall inform

the 4ommission a((ordin%ly!

2;2!"61 Ea(h 4ommission shall, not later than the fifteenth day of /an'ary in ea(h year, prepare a

report on its a(ti$ities d'rin% the year endin% on the pre$io's thirty"first day of @e(emer and s'mit

the report"

6a in the (ase of the ederal P'li( 0er$i(e 4ommission, to the President +6 in the (ase of a Pro$in(ial P'li( 0er$i(e 4ommission, to the Go$ernor of the Pro$in(e + and

6( in the (ase of a /oint P'li( 0er$i(e 4ommission, to the Go$ernor of ea(h of the Pro$in(es

(on(erned!

62 8he report shall e a((ompanied y a memorand'm settin% o't, so far as is kno)n to the

4ommission"

6a the (ases, if any, in )hi(h its ad$i(e )as not a((epted, and the reasons )hy the ad$i(e )as not

a((epted + and

6 the (ases )here the 4ommission o'%ht to ha$e een (ons'lted, 't )as not (ons'lted, and the

reasons )hy ft )as not (ons'lted!

6; 8he President or the Go$ernor, as the (ase may e, shall (a'se the report and memorand'm to e

laid efore the 3ational Assemly or the Pro$in(ial Assemly, as the (ase re'ires, at the first meetin%

of the Assemly held after the thirty"first day of /an'ary in the year in )hi(h the report )as

s'mitted, and pro$ision shall e made in the r'les of pro(ed're of the 3ational Assemly, or, as the(ase may e, the Pro$in(ial Assemly, for dis('ssion of s'(h report!

2;;! n this 4hapter, :4ommission: means the ederal P'li( 0er$i(e 4ommission or a Pro$in(ial P'li(

0er$i(e 4ommission or a /oint P'li( 0er$i(e 4ommission, as the (ontext may re'ire!

2;

62 8he 4ommissioner shall not e remo$ed from offi(e ex(ept in the manner pres(ried in (la'ses 65

and 6? of Arti(le 211 for the remo$al from offi(e of a /'d%e, and in the appli(ation of those (la'ses for

the p'rposes of this (la'se, any referen(e in those (la'ses to a /'d%e shall e (onstr'ed as a

referen(e to the 4ommissioner!

6; 8he 3ational Assemly or a Pro$in(ial Assemly may, thro'%h the 0peaker of the Assemly,


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re'est the President to (a'se the (ond'(t of the 4ommissioner to e in'ired into y the 0'preme

/'di(ial 4o'n(il!

6

6a the preparation of ele(toral rolls, the determination of oe(tions and the (ommen(ement of

ele(toral rolls+

6? the (ond'(t of ele(tions and ele(tion petitions+

6( the de(ision of do'ts and disp'tes arisin% in (onne(tion )ith ele(tions+

6d matters relatin% to (orr'pt pra(ti(es and other offen(es in (onne(tion )ith ele(tions+ and

6e all other matters pertainin% to ele(tions to the 3ational Assemly and Pro$in(ial Assemlies+ 'tno s'(h la) shall ha$e the effe(t of takin% a)ay or arid%in% any of the po)ers of the 4ommissioner

or an Ele(tion 4ommission 'nder this Part!

2


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6 the Assemlies of t)o or more Pro$in(es+ or

6( the 3ational Assemly or a Pro$in(ial Assemly in respe(t of more than one (onstit'en(y!

62 3othin% in (la'se 61 shall pre$ent a person from ein% a (andidate for t)o or more seats at the

same time, )hether in the same ody or in different odies, 't if he is ele(ted to more than one seat,

he shall, )ithin a period of thirty days after the de(laration of the res'lt for the last of s'(h seats,

rei%n all 't one of his seats, and if he does not so resi%n, all the seats to )hi(h he has een ele(ted

shall e(ome $a(ant at the expiration of the said period of thirty day+Ex+%$n$tion.-In this (la'se, the expression :ody: means the 3ational Assemly or a Pro$in(ial

Assemly!

6; A person to )hom (la'se 62 applies shall not take a seat in the 3ational Assemly or a Pro$in(ial

Assemly to )hi(h he has een"ele(ted 'ntil he has resi%ned all 't one of his seats!

6rder, make s'(h pro$ision for the representation of the 4entrally Administered 8rial Areas in the

3ational

Assemly as he may think fit!

251! 8here shall e an Ad$isory 4o'n(il of slami( deolo%y!252! 8he 4o'n(il shall (onsist of s'(h n'mer of memers, ein% not less than fi$e and not more than

t)el$e, 6as the President may determine!

25;!"61 .emers of the 4o'n(il shall e appointed y the President on s'(h terms and (onditions as

the President may determine!

62 8he President shall, in sele(tin% a person for appointment to the 4o'n(il, ha$e re%ard to the

persons 'nderstandin% and appre(iation of slam and of the e(onomi(, politi(al, le%al and

administrati$e prolems of Pakistan!

25


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from the date of his appointment!

62 f a resol'tion re(ommendin% the remo$al of a memer of the 4o'n(il from offi(e is passed y a

maority of the total n'mer of memers of the 4o'n(il, the President may remo$e that memer from

offi(e, 't a memer shall not other)ise e remo$ed from offi(e!

6; A memer of the 4o'n(il may, y )ritin% 'nder his hand addressed to the President, resi%n his

offi(e!

255! 8he President shall appoint one of the memers of the 4o'n(il to e the 4hairman of the 4o'n(il!PART 5I-ISLAMIC INSTITUTIONS

CHAPTER 19 ADVISORY COUNCIL OF ISLAMIC IDEOLOGY

25?!"61 8he f'n(tions of the 4o'n(il "shall e"

6a to make re(ommendations to the ederal Go$ernment and the Pro$in(ial Go$ernments as to

means of enalin% and en(o'ra%in% the .'slims of Pakistan to order their li$es in all respe(ts in

a((ordan(e )ith the prin(iples and (on(epts of slam, and to examine all la)s in for(e immediately

efore the (ommen(in% day, )ith a $ie) to rin%in% them into (onformity )ith the tea(hin%s and

re'irements of slam as set o't in the *oly -'ran and 0'nnah + and

6 to ad$ise the 3ational Assemly, a Pro$in(ial Assemly, the President or a Go$ernor on any

'estion referred to the 4o'n(il 'nder Arti(le 2, that is to say, a 'estion as to )hether a proposed

la) is or is not rep'%nant to the tea(hin%s and re'irements of slam as set o't in the *oly -'ran and

0'nnah!

62 #hen, 'nder Arti(le 2, a 'estion is referred y the 3ational Assemly or a Pro$in(ial Assemly,the President or a Go$ernor, to the 4o'n(il for ad$i(e, the 4o'n(il shall, )ithin se$en days thereafter,

inform the Assemly, the President or the Go$ernor, as the (ase re'ires, of the period )ithin )hi(h

the 4o'n(il expe(ts to e ale to f'rnish that ad$i(e!

6; #here the Assemly, the President or the Go$ernor, as the (ase may e, (onsiders that, in the

p'li( interest, the makin% of the proposed la) in relation to )hi(h the 'estion arose sho'ld not e

postponed 'ntil the ad$i(e is f'rnished, the la) may e made efore the ad$i(e is f'rnished!

257!""61 8he pro(eedin%s of the 4o'n(il shall e re%'lated y r'les of pro(ed're to e made y the

4o'n(il )ith the appro$al of the President!

62 8he 4o'n(il shall, not later than the fifteenth day of /an'ary in ea(h year, prepare a report in

re%ard to its pro(eedin%s d'rin% the year endin% on the pre$io's thirty"first day of @e(emer, and

s'mit the same to the President, )ho shall (a'se it to e laid efore the 3ational Assemly!

25! n this 4hapter, :the 4o'n(il: means the Ad$isory 4o'n(il of slami( deolo%y!

259!"61 8here shall e an or%anisation to e kno)n as slami( esear(h nstit'te, )hi(h shall eestalished y the President!

62 8he f'n(tion of the nstit'te shall e to 'ndertake slami( resear(h and instr'(tion in slam for the

p'rpose of assistin% in the re(onstr'(tion of .'slim so(iety on a tr'ly slami( asis!

PART 5II-MISCELLANEOUS

CHAPTER 1.-TRIBAL AREAS

2?C! n this 4onstit'tion, the expressions :8rial Areas:, :Pro$in(ially Administered 8rial Areas: and

the :4entrally Administered 8rial Areas: shall ha$e the follo)in% meanin%s D"

6a :8rial Areas: means the areas in Pakistan )hi(h, immediately efore the (ommen(in% day, )ere

8rial Areas, and in(l'des""

6i the 8rial Areas of Bal'(histan and the 3orth"#est rontier + and

6ii the former 0tates of Am, 4hitral, @ir and 0)at+

6 :Pro$in(ially Administered 8rial Areas: means"

6i the distri(ts of 4hitral, @ir and 0)at 6)hi(h in(l'des Oalam, .alakand Prote(ted Area, the 8rialArea adoinin% *azara distri(t and the former 0tate of Am+ and

6ii Iho distri(t + =oralai distri(t 6ex(l'din% @'ki 8ehsil, @alandin 8ehsil of 4ha%ai distri(t and .arri

and B'%ti trial territories of 0ii distri(t+ and

6( :4entrally Administered 8rial Areas: in(l'des"

6i 8rial Areas adoinin% Pesha)ar distri(t +

6ii 8rial Areas adoinin% Oohat distri(t+

6iii 8rial Areas adoinin% Bann' distri(t +

6i$ 8rial Areas adoinin% @era smail Ohan distri(t +


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6$ Baa'r in .alakand A%en(y +

6$i .ohmand A%en(y 6$ii Ohyer A%en(y+

6$iii O'rram A%en(y +

6ix 3orth #aziristan A%en(y + and

6x 0o'th #aziristan A%en(y!

2?1!"61 0'e(t to the pro$isions of this 4onstit'tion, the exe('ti$e a'thority of the ederation shall

extend to the 4entrally Administered 8rial Areas, and the exe('ti$e a'thority of a Pro$in(e shallextend to the Pro$in(ially Administered 8rial Areas therein!

62 8he President may, from time to time, %i$e s'(h dire(tions to the Go$ernor of a Pro$in(e relatin%

to the )hole or any part of a 8rial Area )ithin the Pro$in(e as he may deem ne(essary, and the

Go$ernor shall, in the exer(ise of his f'n(tions 'nder this Arti(le, (omply )ith s'(h dire(tions!

6; 3o A(t of the ederal =e%islat're or the Pro$in(ial =e%islat're shall apply to any 4entrally

Administered 8rial Area, or to any part thereof, 'nless the President so dire(ts, and no A(t of the

ederal =e%islat're or a Pro$in(ial =e%islat're shall apply to a Pro$in(ially Administered 8rial Area, or

to any part thereof, 'nless the Go$ernor of the Pro$in(e in )hi(h the 8rial Area is sit'ated, )ith the

appro$al of the President, so dire(ts, and in %i$in% s'(h a dire(tion )ith respe(t to any la), the

President or, as the (ase may e, the Go$ernor, may dire(t that the la) shall, in its appli(ation to a

8rial Area, or to a spe(ified part of a 8rial Area, ha$e effe(t s'e(t to s'(h ex(eptions and

modifi(ations as may e spe(ified in the dire(tion!

6rder may (ontain s'(h in(idental and (onse'ential pro$isions as

appear to the President to e ne(essary and properD

Pro$ided that efore makin% any >rder 'nder this (la'se, the President shall as(ertain, in s'(h

manner as he (onsiders appropriate, the $ie)s of the people of the area (on(erned, as represented in

ir%a!67 3either the 0'preme 4o'rt nor a *i%h 4o'rt shall exer(ise any 'risdi(tion 'nder this 4onstit'tion

in relation to a 8rial Area, 'nless the ederal =e%islat're y la) other)ise pro$idesD

Pro$ided that nothin% in this (la'se shall affe(t the 'risdi(tion )hi(h the 0'preme 4o'rt or a *i%h

4o'rt exer(ised in relation to a 8rial Area immediately efore the (ommen(in% day!

2?2! 8he President has po)er to %rant pardons, reprie$es and respites, and to remit, s'spend or

(omm'te any senten(e passed y any 4o'rt, tri'nal or other a'thority!

CHAPTER 0.-GENERAL

2?;! 3either the President, nor the i(e"President, nor the Go$ernor of a Pro$in(e, shall e ans)erale

to any 4o'rt for the exer(ise of po)ers and performan(e of d'ties of his offi(e or for any a(t done, or

p'rported to ha$e een done, in the exer(ise of those po)ers and performan(e of those d'ties!

2?

ederation or of a Pro$in(e, neither the President nor the i(e"President nor the Go$ernor, nor any

other person makin% or exe('tin% the (ontra(t or ass'ran(e in exer(ise of that a'thority, shall epersonally liale in respe(t of it!

2?5!"61 Any le%al pro(eedin%s )hi(h, 't for this 4onstit'tion, (o'ld ha$e een ro'%ht y or a%ainst

the 4entre in respe(t of a matter )hi(h, immediately efore the (ommen(in% day, )as the

responsiility of t

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INTERIM CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTA1.docx